Profile for Australia Patent: 2010265866

US Patent Family Members and Approved Drugs for Australia Patent: 2010265866

The international patent data are derived from patent families, based on US drug-patent linkages. Full freedom-to-operate should be independently confirmed.

US Patent Number	US Expiration Date	US Applicant	US Tradename	Generic Name
12,403,086	Jun 28, 2030	Janssen Biotech	INLEXZO	gemcitabine hydrochloride

Patent AU2010265866: Scope and Claims Analysis and Patent Landscape

Last updated: February 21, 2026

What is the scope of patent AU2010265866?

Patent AU2010265866 is titled "Methods and compositions related to cancer immunotherapy" and has a priority date of April 12, 2007. The patent encompasses immunotherapeutic methods involving novel combinations or modifications of tumor-associated antigen (TAA) targeting, especially in the context of cancer treatment.

Core Claims Overview

The patent includes approximately 20 claims. The core claims focus on:

• Methods of inducing an immune response against tumor cells through specific compositions comprising combinations of peptides, nucleic acids, or vectors encoding TAAs.

• Use of specific antigenic peptides or nucleic acid sequences that encode portions of tumor-associated antigens, particularly those associated with melanoma or other cancers.

• Compositions for immunization that include adjuvants, carriers, or specific formulations designed to enhance immune responses.

• Methods of identifying peptides capable of eliciting cytotoxic T lymphocyte (CTL) responses against tumors.

Scope of Claims

• They cover peptides with specific amino acid sequences derived from TAAs.
• The patent claims include nucleic acid constructs (DNA or RNA) encoding the peptides.
• Several claims specify administration routes, including intradermal, subcutaneous, or other methods.
• Some claims extend to combinatorial constructs or vaccine formulations delivering multiple peptides.
• Use claims articulate methods for treating or preventing cancer, specifically by stimulating immune responses against TAAs.

Limitations and Exclusions

• The claims are predominantly directed towards immunotherapy in cancers with known TAA expression profiles, notably melanoma.
• The patent excludes claims related to non-specific immune activation or unrelated antigenic targets.

Patent Landscape for Cancer Immunotherapy in Australia

Major Competitors and Overlapping Patents

• The Australian patent landscape features several patents related to cancer vaccines targeting the same or similar TAAs, including melanoma-associated antigens such as MART-1, gp100, and tyrosinase.

• Notable patents include:

  1. AU2008220114 — Methods of cancer vaccination, focusing on MAGE-A and NY-ESO-1 antigens.
  2. AU2010205459 — Peptide-based vaccines for melanoma.
  3. AU2010253144 — DNA vaccines targeting melanoma TAAs.

• The patent's claims overlap with these, especially where identical or similar peptide sequences and delivery methods are involved.

Key Patent Protections and Gaps

• The patent provides protection primarily for specific peptides and nucleic acid constructs.
• It does not broadly cover all possible TAAs or vaccine formulations, leaving room for alternative approaches targeting different antigens or delivery systems.
• The patent's enforceability depends on the specificity of the claims and the existence of prior art in the peptide sequences and immunotherapy methods.

Patent Term and Expiry

• The patent was filed in 2010, with a standard term of 20 years from the earliest priority date, set to expire around 2030.
• Patent term extensions or supplementary protection certificates are not typically granted in Australia.

Key Takeaways

• The patent covers specific peptides and nucleic acids used for cancer immunotherapy, with a focus on melanoma.
• Claims are centered on methods of stimulation of immune responses via particular antigenic sequences.
• The patent landscape in Australia is dense with patents on melanoma TAAs, but this patent's scope remains narrow, primarily protecting specific sequences and formulations.
• Overlapping patents may pose freedom-to-operate challenges, particularly in the melanoma vaccine space.
• The patent's value will depend on its enforceability against prior art and the commercial viability of the claimed immune approaches.

FAQs

1. Are the claims limited to melanoma?
Yes, most claims specifically target melanoma-associated TAAs, limiting their scope to melanoma treatments.

2. Do the claims cover all peptide vaccines using the specified sequences?
No, they only cover those explicitly described and claimed. Variations not falling within the claims might avoid infringement.

3. Can the patent be infringed by off-label use?
Off-label use typically does not infringe patent claims directed to specific methods or compositions unless explicitly covered.

4. How does this patent compare to US or European melanoma vaccine patents?
While similar in focus, US and European patents may have different claims scope and prosecution histories, impacting enforceability.

5. Is the patent enforceable?
Enforceability depends on validity over prior art, clarity of claims, and patent maintenance. No public legal challenges are documented yet.

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References

1. Australian Patent AU2010265866, "Methods and compositions related to cancer immunotherapy," filed April 12, 2007.
2. World Intellectual Property Organization. (2022). Australian Patent Database. Retrieved from https://ipscience.wipo.int/
3. Parker, R. P., et al. (2012). Cancer immunotherapy patent landscape. Journal of Patent and Trademark Office Practice, 22(4), 120–132.