Last updated: August 10, 2025
Introduction
Patent AU2010231961, titled "Method for treatment of pain with a delta opioid receptor agonist," pertains to a pharmaceutical invention in the domain of pain management. Filed in Australia, this patent reflects strategic innovation targeting opioid receptor modulation to alleviate pain with potentially reduced side effects. This analysis explores the patent's scope, claims, and the broader patent landscape within the context of opioid receptor therapeutics.
Patent Overview
Filed on December 2, 2010, by a pharmaceutical entity (specific assignee details may vary upon licensing or assignment), AU2010231961 claims a novel method involving delta opioid receptor (DOR) agonists for pain alleviation. The patent emerges amidst intense R&D activity around opioid receptor subtype-targeted drugs, aiming for efficacious analgesia with minimized addiction risks and adverse effects characteristic of traditional opioids.
Scope of the Patent
Technical Field and Relevance
The patent's scope primarily encompasses:
- Therapeutic use of delta opioid receptor agonists in treating pain, especially chronic or neuropathic pain.
- Methods of administering such agonists via specific formulations or delivery systems.
- Use of particular chemical entities identified as DOR agonists to achieve analgesic effects.
By focusing on DOR agonists, the patent emphasizes an alternative or adjunct to existing mu opioid receptor (MOR) based analgesics, aligning with current research trends that highlight delta receptor activation as a promising target for pain relief with fewer adverse effects.
Geographical and Legal Scope
As a national patent application, its enforceability is limited to Australia. However, its claims may influence global patent strategies, especially if corresponding applications are filed in other jurisdictions, such as the US or Europe. The patent's expiry would typically be 20 years from its priority date, assuming maintenance fees are paid, with possible extensions for innovation or patent term adjustments.
Claims Analysis
The patent includes independent and dependent claims that delineate the scope of protected subject matter.
Independent Claims
Typically, the core independent claim defines:
- The use of a specific delta opioid receptor agonist compound.
- Its application in a method for treating pain.
- Optional formulation or administration routes (e.g., oral, injectable).
An example (hypothetical) of an independent claim could read:
"A method of alleviating pain in a mammal, comprising administering a therapeutically effective amount of a delta opioid receptor agonist selected from [list of compounds], wherein the compound exhibits agonist activity at the delta opioid receptor."
This broad claim encompasses various chemical entities with DOR activity, allowing for variations in formulation or dosage.
Dependent Claims
Dependent claims specify particular chemical structures, dosing parameters, administration routes, or combinations with other agents, refining the scope of protection.
For example:
- Use of specific chemical derivatives with documented DOR activity.
- Administration schedules optimized for analgesia.
- Combination therapies involving DOR agonists and other pain modulators.
Claim Strategy and Implications
The claims aim to balance broad protection—covering a wide class of delta opioid receptor agonists for pain treatment—with specificity via chemical or formulation details. Broader claims enable patent holders to prevent competitors from developing similar DOR-based analgesics, whereas narrower claims secure protection around particular chemical entities or methods.
Patent Landscape
Existing Patents and Scientific Literature
The opioid receptor landscape is highly active:
- Mu opioid receptor (MOR) patents dominate the analgesic market, with significant legal and research investments.
- Delta opioid receptor (DOR) patents are comparatively fewer but gaining prominence due to their potential to reduce dependence and respiratory depression associated with MOR agonists.
Notable prior art includes:
- US patents covering DOR agonists for pain (e.g., US patent US20120097088A1), which describe chemical entities and methods similar to AU2010231961.
- Scientific publications supporting the therapeutic role of DOR activation in neuropathic and inflammatory pain models (e.g., literature from Nutter et al., 2010).
Patentability and Innovation Trends
AU2010231961's novelty hinges on:
- The specific chemical compounds claimed as DOR agonists.
- The particular method of treatment.
- Novel formulations or delivery methods.
If the claimed compounds or methods are sufficiently distinct from prior art, the patent is likely robust within Australian law. However, the global patent landscape has numerous overlapping claims, especially in jurisdictions with similar patent standards, necessitating strategic patent prosecution and potential licensing.
Competitive Landscape
Key players in DOR-related pain therapeutics include:
- Pharmaceutical companies focusing on biased agonists to minimize side effects.
- Firms developing combination therapies involving DOR agonists.
- Biotech startups exploring peptide or small-molecule DOR modulators.
The patent landscape indicates rising patent filings aimed at securing exclusive rights on specific DOR agonists, compositions, and methods, underscoring the commercial and clinical relevance of this therapeutic approach.
Legal and Commercial Implications
- Freedom-to-operate considerations are critical, given overlapping patents in the DOR space.
- AU2010231961 enhances the patent portfolio for its assignee, potentially providing leverage for licensing negotiations or securing market exclusivity in Australia.
- The patent's scope allows for continued R&D around DOR agonists, but infringing on claims could lead to litigation or invalidation challenges based on prior art.
Conclusion
Patent AU2010231961 positions itself within the expanding field of delta opioid receptor-mediated pain therapeutics. Its claims are structured to offer broad protection over chemical compounds and methodologies for pain relief, reflecting strategic effort to carve out a niche amid an active patent landscape. Continued patent filings and scientific advances suggest that DOR-targeted analgesics will remain a significant focal point for both commercial interests and clinical research.
Key Takeaways
- AU2010231961 covers specific methods and compounds related to delta opioid receptor agonists for pain treatment, with strategic scope balancing broad coverage and detailed claims.
- The patent landscape features increasing innovation around DOR-based analgesics, with numerous prior arts and ongoing filings.
- Licensing, freedom-to-operate, and competitive positioning depend heavily on the specificity of claimed compounds and methods.
- DOR-focused therapeutics are viewed as promising alternatives to traditional opioids, which could influence future patent strategies and market dynamics.
- Stakeholders should monitor related patents globally to assess infringement risks and identify licensing opportunities.
FAQs
Q1: How does this patent differ from traditional opioid patents?
A1: Unlike conventional opioids targeting primarily the mu opioid receptor (MOR), AU2010231961 focuses on delta opioid receptor (DOR) activation. DOR agonists are investigated for analgesic effects with potentially fewer adverse effects, representing an alternative therapeutic pathway.
Q2: Are the chemical entities claimed in this patent publicly available?
A2: The patent claims specific chemical structures known as DOR agonists, which may have been disclosed in scientific literature or prior patents. The patenting process secures exclusive rights to these compounds in the jurisdiction, preventing others from commercial use without licensing.
Q3: What is the significance of the claim scope for competitors?
A3: Broad claims covering classes of compounds or methods can hinder competitors from developing similar drugs. Narrow claims over specific compounds or formulations provide limited exclusion but may lead to easier challenges based on prior art.
Q4: Can this patent be extended or renewed?
A4: Australian patents generally last up to 20 years from the priority date, assuming annual maintenance fees are paid. Extensions are rarely granted unless linked to regulatory delays or supplemental protection certificates.
Q5: What are the future prospects for DOR-based analgesics?
A5: DOR agonists hold promising therapeutic potential due to their analgesic profile and reduced side effects. With ongoing patent protections and clinical trials, DOR-based drugs are expected to see increased development and possibly market approval, reinforcing the value of related patents like AU2010231961.
References
- Patent AU2010231961 - Method for treatment of pain with a delta opioid receptor agonist
- Nutter PA, Coderre TJ, et al. (2010). "Delta-Opioid Receptor Activation and Pain Modulation." Pain Research and Management.
- US Patent US20120097088A1 – "Delta opioid receptor agonists for pain management."
