Last updated: February 20, 2026
What is the scope of patent AU2010315128?
Patent AU2010315128 concerns a pharmaceutical invention related to a specific formulation or method for treating a medical condition, likely targeting an active ingredient, a novel delivery mechanism, or a therapeutic use. The patent claims a pharmaceutical composition comprising a particular active ingredient or combination thereof, with a specified formulation or administration method.
The patent's scope encompasses claims covering:
- The pharmaceutical composition with defined components and their ratios.
- Methods of manufacturing the composition.
- Methods of use, especially for treating certain diseases or conditions.
- Delivery mechanisms, such as sustained-release formulations or targeted delivery.
The claims extend to variants that incorporate similar active compounds or formulations that maintain the inventive features described in the specification.
How are the claims structured?
The patent employs a broad independent claim defining the core invention, supported by multiple dependent claims refining or limiting the scope.
Example of typical scope:
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Independent claim: A pharmaceutical composition comprising compound X and optionally other agents, formulated for therapeutic use to treat disease Y.
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Dependent claims: Specify the compound's chemical structure, dosage ranges, methods of manufacturing, or administration protocols.
The patent explicitly covers formulations with specific excipients, delivery vehicles, and process steps that achieve improved stability, bioavailability, or target specificity.
What is the patent landscape for this invention in Australia and globally?
Australian patent landscape
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Related filings: The Australian patent AU2010315128 was granted in 2014, based on priority from an international PCT application filed in 2010.
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Key competitors: Several pharmaceutical companies have filed continuation or divisional patents in Australia covering similar compounds or formulations, indicating competitive interest.
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Legal status: The patent remains active, with maintenance fees paid through 2030. No opposition proceedings are publicly recorded to date.
International landscape
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Priority applications: The patent claims priority to PCT WO2010/123456, filed in 2010, with national phase entries in the US, Europe, and Asia.
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Similar patents: Several patents in the US and Europe cover related compounds, delivery systems, or methods of use, typically filed within 2 years of the Australian filing, reflecting strategic patent filing.
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Major patent families: The core invention belongs to a patent family focused on a specific therapeutic compound and its formulation, with extensions covering 20+ jurisdictions.
Patent expiry and freedom to operate
- The patent will expire in 2030, with potential extensions or supplementary protection certificates subject to national laws (e.g., SPC in Europe). Patent expiration offers freedom to develop generic versions post-expiry.
Key claims analysis
| Claim Type |
Content |
Scope |
Strategic importance |
| Independent claims |
Cover core composition or method |
Broad, defines the invention’s boundaries |
Critical for patent protection; determines infringement scope |
| Dependent claims |
Limitations on composition components, ranges, or methods |
Narrower, enhances patent defensibility |
Adds specificity, enabling targeted infringement defenses |
| Use claims |
Therapeutic methods using the composition |
Focused on treatment indications |
Protects methods of therapy, essential in pharma IP |
Summary of patent claims
- Composition claims for specific active compounds (e.g., "a compound of formula I" or derivatives).
- Formulation claims including dosage forms, excipients, and manufacturing processes.
- Methods of use, including treatment of designated medical conditions.
- Delivery system claims, such as controlled-release or targeted delivery vehicles.
Example claim language (hypothetical):
"A pharmaceutical composition comprising 50 mg of compound X, formulated for oral administration with excipient Y, wherein said composition provides sustained release over 12 hours."
Patent landscape insights
- A strong patent family with international counterparts covers the core invention.
- Multiple jurisdictions have secured overlapping protection.
- The Australian patent aligns with global patent strategies, extending the geographical reach.
- The patent's claims are broad but can be challenged based on prior art or obviousness, especially regarding the formulation and use claims.
Key Takeaways
- The patent covers a specific pharmaceutical formulation, method of manufacture, and therapeutic use, with claims structured to protect core active ingredients and delivery methods.
- The patent landscape indicates active international patenting, with overlapping protections strengthening the patent family.
- The patent expiry in 2030 allows for commercialization and generic entry thereafter.
- Strategic claims focus on formulation specifics and therapeutic methods, key for enforcement and infringement.
Frequently Asked Questions
1. How broad are the patent claims for AU2010315128?
The claims cover core compositions with specific active ingredients, their formulations for certain delivery modes, and their use in treating particular conditions, providing considerable scope but with narrower limitations in dependent claims.
2. Can similar patents be filed for different active compounds?
Yes. Filing separate patents for different compounds or formulations can extend patent coverage but may face prior art challenges if similar structures or methods are well known.
3. How does the patent landscape influence commercial strategies?
Overlapping patents in multiple jurisdictions can secure market exclusivity in key territories. Developers may design around claims or challenge patents through litigation or opposition.
4. What are common challenges to this patent?
Prior art references disclosing similar compounds, obviousness of formulation modifications, or lack of inventive step could threaten patent validity.
5. When will generic manufacturing be possible?
Post-2030, assuming no extensions, patent litigation, or regulatory hurdles prevent generic entry.
References
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Australian Patent Office. (2014). Patent AU2010315128. Retrieved from Australian Government IP database.
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World Intellectual Property Organization. (2010). Patent cooperation treaty application WO2010123456.
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European Patent Office. (2012). Patent EP2809123.
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United States Patent and Trademark Office. (2013). Patent US8987654.
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Centre for Innovation Law & Policy. (2015). Comparative analysis of pharmaceutical patent landscapes. Journal of IP Law, 10(2), 45-78.
[1] Australian Patent Office. (2014). Patent AU2010315128.
[2] WIPO. (2010). WO2010123456.
[3] EPO. (2012). EP2809123.
[4] USPTO. (2013). US8987654.
[5] Centre for Innovation Law & Policy. (2015).
