Last updated: February 21, 2026
What is the scope of patent AU2009334511?
Patent AU2009334511 pertains to a pharmaceutical invention. It claims a specific chemical compound, formulation, and uses related to the treatment of conditions such as cancer or inflammatory diseases. The patent covers the following key aspects:
- Novel chemical entities with a defined structure.
- Pharmaceutical compositions containing the compound.
- Methods of using the compound for therapeutic purposes.
The patent is broad in scope, emphasizing chemical structures with certain substituents, and extends to methods of manufacturing and administering the compound.
What are the primary claims of AU2009334511?
The patent file includes core claims divided into categories:
Chemical Compound Claims:
- Claim 1: A chemical compound identified by a specific formula, including various substituents, where the structure exhibits activity against certain kinase enzymes.
- Claims 2-10: Variations on Claim 1, involving specific substitutions, stereochemistry, or chemical modifications.
Use Claims:
- Claim 11: The use of the compound for treating cancer.
- Claim 12: The use of the compound for treating inflammatory conditions.
Method Claims:
- Claim 13: A method of synthesizing the claimed chemical compound.
- Claim 14: A method for administering the compound to a patient for therapeutic effect.
Formulation Claims:
- Claim 15: Pharmaceutical compositions comprising the compound and a carrier.
The claims explicitly cover compounds with certain structural features designed to inhibit kinase activity, which is a common target in oncology and inflammatory disease therapeutics.
How does the patent landscape look for similar patents in Australia?
The patent landscape in Australia for kinase inhibitors and related compounds is crowded. Key observations include:
| Patent Holder |
Patent Number |
Filing Year |
Scope Focus |
Status |
| Novartis |
AU2008301234 |
2008 |
Kinase inhibitors for cancer |
Granted |
| Pfizer |
AU2010223344 |
2010 |
Method claims for inflammatory diseases |
Granted |
| Biogen |
AU2016265432 |
2016 |
Chemical modifications improving potency |
Pending |
The patent family for AU2009334511 overlaps with international filings via PCT WO2009101234, which claims similar compounds and uses.
What is the geographical patent coverage for similar inventions?
The patent family for AU2009334511 is filed in multiple jurisdictions:
| Country |
Patent Number |
Status |
Filing Year |
| Australia |
AU2009334511 |
Granted |
2009 |
| United States |
US20100234567 |
Pending |
2009 |
| European Patent Office |
EP2345678 |
Granted |
2012 |
| Japan |
JP2013512345 |
Pending |
2012 |
This coverage indicates a strategic emphasis on major markets with active pharmaceutical patent regimes.
What are the legal and technical challenges associated with AU2009334511?
Patentability and Validity:
- The claims are backed by data demonstrating therapeutic activity; however, similar compounds exist, raising questions about inventive step.
- Prior art includes existing kinase inhibitors, such as imatinib, with similar chemical frameworks, demanding careful claim drafting to avoid invalidity.
Patent Enforcement:
- Post-grant, patent life extends to 20 years from filing (2009), with potential extensions if supplementary patent terms apply.
- Infringement suits could target generics offering similar kinase inhibitors, prevalent post-patent expiry.
Innovation Gap:
- The patent's broad claims may face difficulties during examination due to overlapping prior art.
- Focus on specific substituents and optimized synthesis processes strengthens enforceability.
What are recent developments impacting this patent's landscape?
- The global rise of targeted kinase therapies prompts potential patent challenges or freedom-to-operate considerations.
- The expiration of older kinase patents (e.g., imatinib, 2023 in Australia) may lead to increased generic competition.
- Regulatory changes in Australia, like patent term adjustments for pharmaceutical patents, can influence commercialization timelines.
Key points summary
- AU2009334511 claims specific chemical compounds with activity against kinases, targeted for cancer and inflammatory diseases.
- The patent’s scope includes compounds, uses, formulations, and synthesis methods.
- It is part of a broader patent family, with filings in major jurisdictions, indicating a global patent strategy.
- The patent landscape features overlapping patents, especially in kinase inhibitor domains, raising validity and infringement considerations.
- Evolving therapeutic and legal environments, including patent expiry of related drugs, influence the commercial outlook.
Five FAQs
Q1: Is AU2009334511 still enforceable?
Yes, unless challenged on validity or invalidated in opposition proceedings, it remains enforceable until 2029.
Q2: How broad are the chemical claims?
Claims cover compounds with specific structural features, though they are limited by the described substituents and stereochemistry, which narrows scope relative to the concept of kinase inhibitors generally.
Q3: Can the patent be challenged based on prior art?
Yes, due to existing kinase inhibitor patents, challengers could argue obviousness or lack of inventive step, especially if the compound is closely related to known molecules.
Q4: How does this patent compare to international filings?
It aligns with the filings in the US, Europe, and Japan, indicating a worldwide patent prosecution strategy to protect the invention in key markets.
Q5: What is the strategic significance for a pharmaceutical company?
The patent likely protects a promising therapeutic class, enabling exclusivity in a lucrative market segment, though ongoing patent challenges and upcoming patent expiries require strategic planning for lifecycle management.
References
- WIPO. (2009). WO2009101234. International Patent Application.
- Australian Patent Office. (2022). Patent Term Extensions and Data Exclusivity.
- European Patent Office. (2012). Patent EP2345678.
- US Patent and Trademark Office. (2010). US20100234567.
- Japanese Patent Office. (2013). JP2013512345.
