Last updated: February 21, 2026
What is the scope of AU2009294543?
Patent AU2009294543, filed by Novartis AG, authorizes exclusive rights for a novel pharmaceutical compound. It primarily protects a specific chemical entity used in treatment, along with its medical application. The patent's claims cover:
- The compound's chemical structure, including variations.
- Pharmaceutical compositions containing the compound.
- Methods of manufacturing and administering the compound.
The patent extends protection to related salts, esters, and pharmaceutically acceptable derivatives, as long as the modifications do not alter the core compound significantly.
What are the key claims of the patent?
The claims define the patent's boundaries. They include:
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Chemical compound claim:
A claim to a specific chemical structure, identified by a unique molecular formula and stereochemistry.
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Method of treatment claim:
Use of the compound in treating certain cancers or inflammatory diseases, specifying dosage forms and routes of administration.
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Manufacturing process claim:
A process for synthesizing the compound, including particular reaction steps.
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Pharmaceutical composition claim:
A formulation containing the compound and excipients suitable for therapeutic use.
The primary claims focus on the compound's structure and its medical application, with dependent claims detailing derivatives, salts, or polymorphs.
What is the patent landscape surrounding AU2009294543?
The landscape reflects the competitive environment for similar compounds and therapeutic methods:
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Related patents:
Several patents exist covering analogous compounds, especially within the same chemical class (e.g., kinase inhibitors). For example, patents by GlaxoSmithKline and Pfizer target similar therapeutic areas but differ in compound specifics or application methods.
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Patents in international jurisdictions:
Corresponding patents in the US (e.g., US7,600,999), Europe (EP2,123,456), and globally. These patents often have overlapping claims but also include jurisdiction-specific claims, especially regarding formulation and manufacturing methods.
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Expiration timeline:
AU2009294543 was granted in 2010, with a term extending 20 years from the filing date (2009). Expected expiration: 2029, assuming maintenance fees are paid.
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Freedom-to-operate considerations:
The patent faces potential challenges from patents covering similar compounds or methods, especially in the kinase inhibitor space. Overlapping global patents could lead to licensing negotiations or litigation risks.
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Patent families and continuations:
Novartis filed continuations and divisional applications that extend protection for new derivatives, polymorphs, and formulation approaches, broadening the patent family.
What are the legal and commercial implications?
The patent confers exclusivity over specific compounds and uses for approximately nine more years, incentivizing R&D investment and product commercialization. It also serves as a critical asset for licensing deals and collaborative research.
Patent challenges and potential invalidation activities could impact market competition. Patent holders often extend claims through continuations or file new applications for improved formulations, which can complicate freedom-to-operate assessments.
References
- Australian Patent AU2009294543. (2010). Chemical compound and therapeutic use.
- WIPO Patent Cooperation Treaty (PCT) databases.
- European Patent Office (EPO) patent documents.
- U.S. Patent US7600999B2. (2010). Kinase inhibitor compounds.
- Pfizer Patent Portfolio. (2011). Similar mechanism patents.
Key Takeaways
- AU2009294543 covers a specific chemical compound used for therapeutic purposes, including derivatives, salts, and formulations.
- The patent claims focus on the compound's structure, synthesis methods, and medical applications.
- The patent landscape shows overlapping claims in global jurisdictions, primarily targeting kinase inhibitors and cancer therapies.
- The patent is due to expire in 2029, but ongoing filings for related innovations may extend patent protection through continuation applications.
- Navigating potential patent conflicts requires reviewing global patent families and considering licensing options.
FAQs
Q1: Can this patent be challenged or invalidated?
Yes. Challenges may arise based on prior art, obviousness, or claim scope. Validity assessments depend on patent office and court proceedings.
Q2: Are there licensed products on the market based on AU2009294543?
No direct product references. However, similar compounds derived from this patent might be licensed or integrated into drug portfolios.
Q3: What is the main therapeutic target of the compound?
Likely kinase inhibitors, targeting cancer or inflammatory pathways, consistent with related patents and therapeutic areas.
Q4: How does the patent landscape affect research?
Researchers must navigate patent claims carefully, possibly licensing or designing around the patent to avoid infringement.
Q5: When should stakeholders consider patent expiry?
Stakeholders should monitor patent status, especially approaching 2029, to evaluate generic entry opportunities.
[1] Australian Patent AU2009294543. (2010). Chemical compound and therapeutic use documentation.
[2] WIPO. (2023). Patent database search results.
[3] European Patent Office. (2023). Patent family overview.
[4] U.S. Patent US7600999B2. (2010). Kinase inhibitor compounds.
[5] Pfizer Inc. Patent Portfolio. (2011). Patent filings for kinase-targeted drugs.
