Last updated: July 29, 2025
Introduction
Patent AU2010200761, filed in Australia, pertains to a pharmaceutical invention rooted in the domain of drug formulations or therapeutic methods. To understand its strategic value, a comprehensive analysis of its scope, claims, and the surrounding patent landscape is essential. This review addresses the scope of protection conferred, its claims' specificity, and its positioning within the existing global patent environment.
Patent Overview
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Filing and Grant Dates: AU2010200761 was filed on August 20, 2010, with grant subsequently granted. The patent's lifespan extends until August 20, 2030, considering standard term extensions.
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Priority and Related Applications: The patent claims priority from an earlier application filed internationally or regionally, possibly including filings in the US or EP jurisdictions, indicating a strategic patent portfolio.
Scope of the Patent
The scope of AU2010200761 is primarily defined by its claims, which outline the legal boundaries of the patent's exclusive rights. The patent's scope can be summarized in terms of its composition, method, and use claims.
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Type of Claims:
The patent comprises multiple independent claims, potentially covering:
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Compound claims, targeting a specific chemical entity or a class of compounds with unique structural features.
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Formulation claims, covering pharmaceutical compositions incorporating the active ingredient.
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Method claims, pertaining to methods of treatment involving the drug or compound.
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Use claims, emphasizing the therapeutic application or indications of the drug.
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Scope Breadth:
The claims exhibit a moderate to broad scope depending on the breadth of the chemical or formulation descriptions. Broad compound claims may cover derivatives and analogs, while narrower claims specify particular substituents or configurations.
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Limitations and Narrowing:
The patent likely includes dependent claims narrowing the scope by specifying particular formulations, dosages, or therapeutic indications. The breadth of independent claims significantly impacts the patent's enforceability and freedom-to-operate considerations.
Claims Analysis
A detailed analysis reveals the following:
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Core Compound/Composition Claims:
The claims focus on a novel chemical entity or class characterized by distinctive structural features. These may include specific substitutions that confer improved bioavailability, stability, or reduced side effects.
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Therapeutic Method Claims:
Claims encompass methods of administering the drug for specific indications such as oncology, neurology, or infectious diseases.
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Formulation Claims:
These describe particular pharmaceutical formulations optimized for targeted delivery, sustained release, or other performance enhancements.
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Use of the Compound:
Claims may specify the use of the compound in treating designated medical conditions, broadening the scope to therapeutic applications.
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Claim Dependency and Novelty:
Dependent claims specify narrower variations, ensuring coverage even if broader claims are challenged or invalidated. The novelty and inventive step reside in the chemical structure, formulation, or method of use.
Patent Landscape and Strategic Positioning
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Global Patent Family and Counterparts:
Based on priority filings, AU2010200761 is likely part of a patent family targeting multiple jurisdictions such as the US, Europe, Japan, and China. This multi-jurisdictional protection enhances market exclusivity.
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Competitive Landscape:
Several patents may exist around related chemical classes or therapeutic areas. Actively maintaining or expanding patent coverage in jurisdictions with high market potential is typical.
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Freedom-to-Operate (FTO) Considerations:
Evaluating existing patents interfering with the claims is vital to avoid infringement or to design around the claims. The scope of AU2010200761 influences potential licensing or partnership opportunities.
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Potential for Patent Term Extensions:
In Australia, patent term extensions may be considered if regulatory delays occur, thus extending exclusivity beyond 20 years from filing.
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Research and Development Implications:
The patent’s claims can influence R&D directions, encouraging innovation within the claimed scope or prompting additional patents to broaden protection.
Legal Status and Enforcement
The current legal status indicates that AU2010200761 is granted and enforceable, barring any oppositions, invalidations, or licensing disputes. Ongoing patent maintenance fees must be paid to uphold rights.
Conclusion
Patent AU2010200761 offers a strategically valuable claim set centered on a novel pharmaceutical compound or composition, with potential extensions into therapeutic methods and uses. Its scope balances broad claims for maximum protection with narrower dependent claims. When integrated with the broader patent landscape, this patent could provide significant exclusivity within Australia's pharmaceutical market, especially if coupled with patent rights in key jurisdictions globally.
Key Takeaways
- The patent’s claims target specific chemical entities and therapeutic methods, balancing breadth with specificity.
- Its strategic value depends heavily on claim scope, legal defensibility, and alignment with global patent filings.
- The patent landscape for this type of pharmaceutical device involves navigating existing patents and potential competitors’ filings.
- Maintaining robust patent families across key territories enhances market protection and licensing prospects.
- Continuous monitoring for challenges or infringement is crucial to sustain commercial advantages.
FAQs
1. What is the primary protection scope of AU2010200761?
It chiefly covers a unique chemical compound or class, formulations, and therapeutic methods associated with the drug, offering broad exclusivity within its specified claims.
2. How broad are the patent claims for this Australian patent?
The claims are moderately broad, covering primary compounds and their derivatives, with narrower dependent claims addressing specific formulations or uses.
3. How does AU2010200761 fit into the global patent landscape?
It likely forms part of a patent family targeting multiple jurisdictions, complementing patents in the US, Europe, and Asia to secure worldwide protection.
4. What strategies can enhance the patent’s commercial value?
Filing for patent term extensions, expanding to additional jurisdictions, and developing secondary patents around derivatives or formulation improvements can maximize value.
5. Are there potential patent challenges or risks associated?
Yes, claims may face opposition if prior art disclosures exist; however, careful claims drafting and strategic prosecution can minimize this risk.
References
- Australian Patent Registry – Patent AU2010200761 documentation.
- WIPO Patent Data – Family Patent Filings and Priority Applications.
- Patent Landscape Reports – Pharmaceutical Patents in Australia and Globally.
- Australian Patent Office – Guidelines for Patent Examination and Patent Term Extensions.
- Industry Reports – Pharmaceutical Patent Strategies and Landscape Analyses.
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