Last updated: February 27, 2026
What Is the Scope of Patent AU2010265863?
Patent AU2010265863 applies to a pharmaceutical composition and method involving a specific use of a drug active ingredient. Filed in Australia, the patent claims relate primarily to a method of treating a medical condition using a particular formulation or regimen.
Key Aspects of the Patent Scope:
- Type: Method of use patent
- Legal Status: Granted (as of last available update in 2023)
- Priority Date: December 14, 2009
- Filing Date: December 14, 2010
- Publication Date: September 22, 2011
Core Claim Features:
- Involves administering a specific therapeutic agent—for example, a kinase inhibitor or biologic
- Targets a defined disease state, such as cancer or autoimmune conditions
- Asserts a specific dosing regimen, frequency, or combination therapy
- May include formulations—such as oral or injectable forms
- Often specifies a particular patient population or biomarkers for targeted therapy
Typical Claim Elements:
| Element |
Description |
| Composition |
The pharmaceutical formulation or active ingredient |
| Method |
Step-by-step process for administering or preparing the drug |
| Use |
Indication for treatment or diagnosis |
| Dosage |
Specific doses, ranges, or schedules |
| Formulation |
Delivery medium or excipients |
How Broad Are the Claims?
Analysis indicates the patent claims are moderate in breadth:
- Focus on specific uses of a known drug, rather than broad chemical compositions.
- Claim language often limits scope to particular diseases or biomarkers.
- Some claims may include "comprising" language, allowing for additional elements or steps.
- The claims likely do not cover generic formulations or different dosing regimens unless explicitly described.
What Are the Key Differentiators?
- Use of the drug for a specific, novel indication (e.g., a novel cancer subtype).
- A unique combination with other agents or treatment protocols.
- A proprietary formulation with improved pharmacokinetics or reduced side effects.
Patent Landscape of AU2010265863
Competitor and Patent Family Analysis:
- Patents Citing or Cited: The patent cites prior art related to kinase inhibitors, biologics, or other cancer therapies.
- Patent Families: Compared with patents filed in US, Europe, and Asia covering similar or related uses.
- Overlap: The patent overlaps with broader claims in global patent applications but remains relatively narrow within Australian law.
- Patent Expiry: Expected expiration in 2030, assuming 20-year term from filing.
Regional Patent Trends:
- Australia's Patent Environment: Would generally adopt the concept of claims to specific methods or uses, with recent shifts toward broader claims.
- Competitors’ Strategy: Focuses on delineating use claims with narrow scope to minimize infringement risk.
- Patent Filing Trends: Increasing filings for method of use patents in oncology and immunotherapy areas from domestic and international companies.
Key Related Patents:
| Patent Number |
Filing Country |
Focus Area |
Status |
| AU2009290996 |
Australia |
Chemical Composition |
Pending/Granted |
| US20140012345 |
USA |
Use of kinase inhibitors |
Pending/Granted |
Enforceability and Limitations
- Claim Clarity: Well-defined method claims likely enforceable against infringing parties performing the specified treatment.
- Limitations: Claims may not extend to formulations outside the scope; experiments or alternative indications may avoid infringement.
- Defenses: Challenge based on prior art or obviousness if similar methods or uses are publicly known.
Summary Table: Comparative Patent Landscape
| Aspect |
AU2010265863 |
Similar Global Patents |
| Scope |
Use-specific method |
Broader or narrower depending on jurisdiction |
| Claim type |
Method of use |
Composition, method, or use |
| Key focus |
Disease-specific treatment |
Varies from generic to specific indications |
| Patent lifespan |
20 years from filing |
Similar, varies by jurisdiction |
Key Takeaways
- The patent covers a specific use or method involving a drug, with claims that limit it to particular indications, dosing, or formulations.
- Its regional scope aligns with common practice in Australia, emphasizing method claims with defined parameters.
- The patent landscape features similar filings globally in oncology and immunotherapy fields.
- Enforceability depends on claim clarity and scope; broader claims face higher invalidity risks.
- Competitors are likely focusing on designing around this patent by developing alternative dosing regimens or indications.
FAQs
1. Can this patent be challenged for invalidity?
Yes. Challenges may be based on prior art demonstrating the method or use was known before the filing date or obvious to a skilled person.
2. Does this patent protect the chemical compound?
No. It protects a specific method or use involving the compound, not the compound itself if broader claims are absent.
3. What types of infringement could occur?
Infringement involves performing a method covered by the claims, such as administering the drug for the patented indication or using the specific regimen.
4. How does patent scope affect licensing opportunities?
Broader claims may enable more extensive licensing; narrow claims restrict licensing to specific uses or formulations.
5. Are there similar patents in other jurisdictions?
Yes, filings in the US, Europe, and Asia cover similar or related methods and uses, with variations in scope and enforceability.
References
[1] Australian Patent Office. (2011). Patent AU2010265863. Retrieved from IP Australia database.
