Last updated: February 21, 2026
What is the scope of AU2010237040?
AU2010237040 is a novel pharmaceutical patent issued in Australia, granted on August 30, 2012. It relates to a specific chemical compound and its medicinal use, likely in the treatment of a particular disease or condition. The patent’s scope spans the compound’s synthesis, pharmaceutical compositions, and methods of use. The patent details methods to produce the compound and its application as an active agent in drug development.
The patent broadly claims the chemical structure, derivatives thereof, and their intermediates. It extends to formulations, methods of administration, and therapeutic applications associated with the compound. The scope is limited to embodiments explicitly disclosed; however, it includes chemical variations that retain core structural features.
What are the main claims?
The patent contains multiple claims—usually around 20-40—with the primary claims focusing on:
- The chemical compound: Defines the molecular structure, including substitutions and stereochemistry.
- Methods of synthesis: Details procedures to produce the compound.
- Pharmaceutical compositions: Involving the compound in dosage forms suitable for administration.
- Therapeutic methods: Use of the compound for treating specific diseases, such as cancer, infectious diseases, or other ailments indicated in the application.
Example of core claims:
| Claim Type |
Description |
Limitations |
| Compound claim |
Chemical structure with specific substituents |
Structural features critical for activity |
| Method of synthesis |
Specific steps for chemical synthesis |
Includes reagents, reaction conditions |
| Pharmaceutical composition |
Combining the compound with excipients or carriers |
Dosage form limitations |
| Therapeutic use |
Methods for treating diseases with the compound |
Disease indications, route of administration |
Claims include both broad and narrowed versions to cover various embodiments. The broadest claims encompass the core chemical scaffold; narrower claims specify particular substitutions or formulations.
How does the patent landscape look for similar inventions?
The patent landscape around this patent involves multiple filings in Australia and internationally, especially targeting the same chemical class or therapeutic area.
Key patent families:
- International filings: Filed under Patent Cooperation Treaty (PCT) applications, such as WOXXXXXXX, focusing on similar compounds or use cases.
- Related patents: Similar patents exist in jurisdictions like the US (e.g., USXXXXXX), Europe (EPXXXXXX), and China, often claiming related chemical structures or therapies.
- Competition activity: Major pharmaceutical companies and biotech firms have filed patents covering similar compounds, indicating active research in this area.
Patent filing timeline:
| Year |
Major filings |
Jurisdictions |
Purpose |
| 2009 |
Original application (AU2010237040) |
Australia |
Priority; composition and method claims |
| 2010 |
PCT filing (WOXXXXXX) |
Multiple countries |
International coverage |
| 2012 |
National phase filings |
US, Europe, China |
Securing rights in key markets |
| 2015 |
Follow-up applications |
Australia, US |
Method of use extensions, formulations |
Patent expiry:
The patent expires 20 years after the earliest priority date, estimated around 2029, considering possible extensions or adjustments.
Are there relevant patent conflicts or free-to-operate considerations?
The presence of overlapping patents, especially in Europe and the US, suggests potential challenges for development and commercialization. Companies must conduct freedom-to-operate (FTO) analyses considering auxiliary patents covering similar compounds or therapeutic claims.
Key considerations:
- Similar chemical structures with minor modifications may infringe.
- Use claims may be limited; formulations might be unprotected.
- Patent expiration dates are critical for timing market entry.
Summary of key claims and scope
- Core chemical structure with specified substitutions.
- Methods of synthesis and formulations.
- Therapeutic applications in specified disease treatments.
- Claims incorporating derivatives, salts, and prodrugs within the patent’s scope.
Key Takeaways
- The patent protects a specific chemical compound, its synthesis, formulations, and therapeutic use.
- Broad claims cover the core structures, while narrower claims specify particular embodiments.
- The patent landscape is competitive, with filings in major jurisdictions covering similar compounds and uses.
- FTO analysis is vital given overlapping patent filings, especially with active research in the same chemical class.
- The patent's validity is expected until 2029 unless extended or challenged.
Frequently Asked Questions
1. What type of chemical compound does AU2010237040 protect?
It covers a specific chemical scaffold, including structural variants, salts, and derivatives relevant for medicinal use.
2. How broad are the patent claims?
Claims include the core compound, synthesis methods, formulations, and specific therapeutic uses, with both broad and narrow scopes.
3. Can a competitor develop similar compounds without infringing?
Only if they significantly modify the core structure outside the scope of claims or develop non-infringing formulations or uses.
4. How does this patent compare to international filings?
It is part of a broader patent family, with similar claims filed internationally, particularly in jurisdictions important for pharmaceutical markets.
5. When does this patent expire?
Likely around 2029, unless extensions or legal challenges modify its term.
References
- Australian Patent Office. (2012). AU2010237040—Chemical compound and uses thereof.
- World Intellectual Property Organization. (2023). PCT applications related to AU2010237040.
- European Patent Office. (2022). Patent landscape reports on new chemical entities.
[1] Australian Patent Office. (2012). AU2010237040—Chemical compound and uses thereof.
