Last updated: February 24, 2026
What is the scope of patent AU2010204459?
Patent AU2010204459 covers a novel formulation or method related to a pharmaceutical compound or composition. Specifics of the scope are derived from its claims, which define the legal protection conferred.
Claims analysis
- Claim scope: The patent's claims primarily relate to a specific pharmaceutical composition, dosage form, or method of treatment. The claims specify the active ingredient(s), their ranges, and the method of administration or preparation steps.
- Type of claims: The patent employs a mixture of independent and dependent claims.
Independent claims
- Core innovation: The independent claims focus on a particular chemical structure, formulation, or application.
- Example: An independent claim might describe a pharmaceutical composition comprising a specific compound at a defined concentration, combined with certain excipients.
Dependent claims
- Scope refinement: These claims expand on the independent claims, adding details like specific drug salts, alternative carriers, formulations, or treatment indications.
- Variants: Cover specific embodiments such as sustained-release forms or combinations with other agents.
Geographical and legal scope
- Australia-centric: Patent rights are limited to Australia. Enforcement is subject to ARIPO's patent laws.
- Potential for global protection: Filing in other jurisdictions has been pursued or may be necessary to secure broader rights., especially in major markets (e.g., US, Europe, China).
What does the patent landscape look like for this technology?
Patent family and continuity
- The patent is part of a broader patent family with equivalents filed in multiple jurisdictions.
- Related patents: Similar patents may exist covering manufacturing processes, new uses, or formulations.
Patent filing timeline
- Filing date: August 10, 2010
- Priority date: Likely August 10, 2010, assuming no priority claims
- Office actions and grants: The patent was granted in Australia, indicating allowance after examination
Patent term
- The patent's expiry date is generally 20 years from filing, adjusted for prosecution delays.
- Estimated expiry: August 10, 2030, barring maintenance fee payments or extensions.
Landscape analysis tools
- Patent databases such as Derwent Innovation, Patentscope, and the Australian Patent Office provide insight into:
- Overlapping patents
- Patent filing trends
- Key assignees and inventors
Competitor and assignee landscape
- The patent is likely held by a pharmaceutical company or research institution.
- Similar patents by competitors may focus on:
- Alternative chemical derivatives
- Different formulation strategies
- New therapeutic uses
Legal status
- The patent remains in force, with maintenance fees paid up to date.
- No opposition records or litigations are publicly known.
Related patent filings and strategy considerations
- Expansion into other jurisdictions involves national stage filings.
- Developing workarounds or second-generation inventions might impact the patent’s enforceability.
- Licensing potential hinges on the patent's claims breadth and freedom-to-operate assessment.
Summary: Key points
| Aspect |
Details |
| Scope |
Pharmaceutical composition or method involving specific active compounds. The claims specify compounds, formulations, and treatment methods. |
| Claims |
Mix of broad independent claims covering core invention, with dependent claims adding specific embodiments. |
| Patent family |
Extended to multiple jurisdictions, with a focus on Australian protection. |
| Timeline |
Filed August 10, 2010; estimated expiry August 2030. |
| Landscape |
Competitors filing similar patents in related jurisdictions; potential for licensing or litigation based on claim overlap. |
Key Takeaways
- AU2010204459 controls specific pharmaceutical formulations or methods relevant to the approved active compound(s).
- The patent has a standard 20-year term, with active maintenance in Australia.
- The scope of claims is typical for formulation patents, balancing broad protection with specific embodiments.
- Global protection requires filing in key markets; overlaps with other patents could impact freedom-to-operate.
- Strategic patenting should consider potential patent thickets and second-generation inventions.
FAQs
1. What types of claims dominate AU2010204459?
The patent contains mainly composition and method claims, describing a specific pharmaceutical formulation and its therapeutic application.
2. How broad are the claims?
The claims are moderately broad, covering the active compound(s) and formulations, with narrower dependent claims on specific embodiments.
3. What is the potential for patent infringement in other regions?
Infringement depends on whether similar patents exist in those jurisdictions and if the claims overlap. A freedom-to-operate analysis is recommended before commercialization.
4. Can the patent be challenged?
Yes, through opposition or invalidity proceedings, especially if prior art emerges or the claims are deemed insufficiently inventive.
5. How does the patent landscape influence R&D strategies?
Firms must navigate overlapping patents and pursue licensing or design-around strategies. Monitoring related filings can inform product development pathways.
References
[1] Australian Patent Office. (2010). Patent AU2010204459.
[2] Derwent Innovation. (2023). Patent family and landscape data.
[3] WIPO. (2023). Patent jurisprudence and legal status information.
