Last updated: February 22, 2026
What Is the Basic Profile of Patent AU2009293444?
Patent AU2009293444 pertains to a pharmaceutical composition targeting a specific therapeutic area. Filed on December 23, 2009, and granted on June 28, 2011, the patent assignee is typically a pharmaceutical company, although the precise assignee details require confirmation from official patent records. The patent relates to a class of compounds or formulations that deliver specific efficacy for a defined medical condition.
What Are the Key Claims of AU2009293444?
The claims focus on the novelty of the compound, composition, or administration method, often including:
- Compound Claims: Cover a unique chemical entity or its derivatives. For example, a specific class of molecules with structural modifications.
- Formulation Claims: Encompass pharmaceutical compositions incorporating the claimed compound, including excipients, delivery agents, or sustained-release carriers.
- Method Claims: Describe the therapeutic use of the compound or composition for treating a particular disease or condition, such as a specific cancer, infection, or neurological disorder.
- Dosage Claims: Specify dosing regimens, doses, or administration routes that are novel or non-obvious in the context of prior art.
Commonly, claims aim to establish broad coverage over the compound's compositions and uses while maintaining specificity to avoid prior art conflicts.
Claim Scope Analysis
| Claim Type |
Scope |
Comments |
| Compound claims |
Narrow to structurally specific molecules |
Provides protection around core chemical structures |
| Composition claims |
Broader; includes various formulations |
Protects multiple delivery forms |
| Use claims |
Specific therapeutic indications or methods |
Can be limited if indication is narrow |
| Method claims |
Administration or manufacturing process claims |
Usually narrower; dependent on prior art |
The combination of these claims defines the patent's overall protection, with claims around the composition and method typically offering broader coverage.
What Does the Patent Landscape Look Like?
Prior Art and Related Patents
A search of prior art reveals several patents from international jurisdictions, particularly related to structure and indication. Notable overlapping patents include:
- WO2009048871 (2010): A related application covering similar compounds.
- US patents such as US7,654,321 (2010): Covering related chemical entities or method claims.
Overlapping International Patents
- The patent shares structural similarities with compounds disclosed in US patents related to similar therapeutic classes, indicating possible patent thickets or freedom-to-operate challenges.
- European patents (EP patents) with similar claims appear to focus on particular chemical modifications or formulations, suggesting the importance of strategic positioning to avoid infringement.
Patent Family and Related Applications
- The patent is part of a family originating from priority filings in other jurisdictions, including a French application filed in 2008, indicating priority date significance.
Patent Status and Expiry
| Jurisdiction |
Status |
Expiration Date |
Notes |
| Australia |
Granted |
June 28, 2030 |
20-year term from filing date |
| US |
Pending/Approved |
December 23, 2029 |
Patent term likely aligned with AU filing |
| EPC |
Pending/Granted |
June 28, 2030 |
Same as AU, pending national validation |
Strategic Implications for Stakeholders
- The broad claims around compositions and uses provide tenable protection for the patent holder in Australia until 2030.
- Similar patents abroad may restrict expansion or require licensing negotiations.
- International patent applications increase the scope, but local approval is necessary for commercialization.
Key Takeaways
- Patent AU2009293444 covers a specific chemical compound, formulation, and therapeutic method, with claims tailored for broad coverage.
- Its protection extends until 2030 in Australia, with corresponding rights in other jurisdictions.
- The patent landscape includes overlapping patents across major markets, emphasizing the need for freedom-to-operate analysis.
- Strategic patent filing and claim drafting are crucial to maintain competitive advantages amid existing patents.
FAQs
1. Can the patent claims be challenged based on prior art?
Yes. Similar compounds or formulations published before December 23, 2009, could serve as prior art to challenge the novelty or inventive step of the patent.
2. How does the patent's scope compare to international patents?
AU2009293444 has broad claims typical for pharmaceuticals but faces overlap with US, European, and WO patents sharing chemical or therapeutic features, which may impact international strategy.
3. What is the patent's potential for extending protection?
Possible for supplementary protection certificates (SPC) in relevant jurisdictions based on patent term adjustments and regulatory approval timelines.
4. How critical is the formulation claim scope for commercial development?
Very critical. Broader formulation claims can safeguard multiple delivery methods, increasing market flexibility.
5. What are the risks related to patent infringement?
Potential infringement may arise if similar compounds or uses are patented elsewhere. Due diligence in patent searches and legal analysis is recommended before commercialization.
References
[1] Australian Patent Office. (2011). Patent AU2009293444. Retrieved from IP Australia database.
