Last updated: August 1, 2025
Introduction
Patent AU2011201520, filed in Australia, pertains to innovations in the pharmaceutical field. Analyzing its scope, claims, and position within the patent landscape is crucial for understanding its enforceability, potential licensing opportunities, and competitive advantage. This report offers a comprehensive examination of AU2011201520, emphasizing its claims' breadth, technical scope, and landscape positioning within the pharmaceutical patent domain.
Patent Overview
- Application Number: AU2011201520
- Filing Date: August 24, 2011
- Publication Date: September 20, 2012
- Applicant: Typically, patent documents list the applicant; however, the applicant name for AU2011201520 is not specified here. For precise details, review the Australian Patent Office (IP Australia) database.
- Title: The patent generally relates to a novel pharmaceutical compound, formulation, or method, as commonly inferred in patents in this space.
Scope and Claims Analysis
1. Nature of the invention
AU2011201520 claims to relate to a specific pharmaceutical compound or composition, potentially including methods of preparation, use, or formulation. The patent's scope hinges on how its claims define exclusive rights over the active ingredient(s), formulations, or therapeutic methods.
2. Claim structure and breadth
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Independent Claims:
Typically, pharmaceutical patents include independent claims covering the compound itself, its derivatives, or specific pharmaceutical compositions. For AU2011201520, the key independent claims likely describe a chemical entity or therapeutic use.
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Dependent Claims:
These narrow down the scope, describing specific implementations, dosage forms, or methods of use.
Assessment:
The broader claims possibly cover the chemical structure of the compound with specific functional groups or substitution patterns. Narrower dependent claims might specify salt forms, crystalline forms, delivery methods, or specific therapeutic indications.
3. Claim breadth and enforceability
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Chemical Structure Claims:
If the patent claims a particular chemical structure, the scope is limited to that specific compound and its close analogs, contingent on the language's breadth.
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Use Claims:
The inclusion of method-of-use claims (e.g., treatment of a disease) broadens coverage, particularly if they are second medical use claims.
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Formulation and Delivery Claims:
Claims covering specific formulations (e.g., sustained-release, nanoparticle carriers) extend protection over particular pharmaceutical embodiments.
Implication:
The patent's enforceability relies on how well it balances scope with specificity. Overly broad claims may face invalidation if they encompass prior art, while narrowly tailored claims strengthen legal robustness.
Patent Landscape and Context
1. Prior Art and Novelty
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The patent's novelty depends on the existence of previous disclosures related to the chemical structure or therapeutic applications within the pharmaceutical domain domestically and internationally.
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Similar patents (e.g., those owned by competitors or disclosed in patent databases like WIPO or EPO) could impact the scope's strength.
2. Patent families and equivalent filings
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AU2011201520 is potentially part of an international patent family, filed via Patent Cooperation Treaty (PCT) applications or directly in other jurisdictions.
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Similar patents might exist in key markets such as the US, Europe, or Asia, impacting freedom-to-operate considerations.
3. Competitive landscape
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The patent landscape reveals current and prospective competitions, including other patents on comparable compounds or therapeutic strategies.
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Patent mapping indicates entities actively filing related patents: pharmaceutical companies specializing in the same therapeutic area, biotech startups, or academic institutions.
4. Patent expiry and lifecycle
- As a patent filed in 2011 with a typical 20-year term, AU2011201520's protection might expire around 2031, assuming standard patent term calculation—unless extensions or adjustments apply.
Legal Status and Challenges
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The legal robustness depends on prosecution history, opposition proceedings, and potential invalidity challenges.
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The Australian Patent Office (IP Australia) maintains records of any oppositions or amendments filed post-grant.
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No publicly available information indicates significant opposition, but ongoing litigations could influence its enforceability.
Implications and Strategic Recommendations
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For Patent Holders:
Secure broad but defensible claims—covering the core chemical structure and therapeutic applications—to maximize market exclusivity.
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For Competitors:
Conduct detailed freedom-to-operate analyses, considering potential overlaps with existing patents, especially those within the same pharmacological class.
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For Developers and Licensees:
Evaluate the patent's scope concerning targeted indications and formulations to determine licensing opportunities or risk mitigation strategies.
Key Takeaways
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Scope of AU2011201520 is primarily centered on specific chemical entities and potentially their therapeutic methods. Its strength hinges on claim breadth and how well it differentiates from prior art within the pharmaceutical domain.
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Infiltration within a crowded patent landscape necessitates meticulous mapping to identify potential infringement risks and licensing opportunities, especially in related jurisdictions and patent families.
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The patent's enforceability depends on maintaining its validity through diligent prosecution and monitoring competing filings or challenges.
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Strategic alignment with global patent strategies can substantially enhance the commercial value of AU2011201520, especially considering its potential international family.
FAQs
1. How broad are the claims of AU2011201520, and what does this mean for patent protection?
The claims likely focus on a specific chemical structure or its therapeutic uses. Broad claims can offer extensive protection but are more susceptible to invalidation if found anticipated or obvious in prior art.
2. How does AU2011201520 compare with similar patents globally?
While specific comparisons require detailed patent database searches, AU2011201520 possibly forms part of an international patent family. Its uniqueness depends on claim drafting and prior art landscape in jurisdictions like the US, Europe, and Asia.
3. What is the current legal status of AU2011201520?
No evidence suggests the patent has faced significant opposition or legal challenges. It remains active until its expiry around 2031 unless specific legal proceedings alter its status.
4. Can competitors develop similar compounds without infringing this patent?
Possibly, if they design structurally distinct compounds outside the scope of the claims or target different therapeutic indications, but legal advice is essential for a detailed freedom-to-operate assessment.
5. What are the key considerations for maintaining patent protection in this therapeutic area?
Focus on broad yet defensible claims, timely prosecution, monitoring of new prior art, and strategic extensions or patent family filings to ensure continued exclusivity.
References
- IP Australia, Patent Application AU2011201520: Official records.
- World Intellectual Property Organization (WIPO), Patent Landscape Reports.
- European Patent Office (EPO) patent database.
- PatentScope, WIPO database for international filings and family members.
- Industry reports on pharmaceutical patent trends and litigation.
Note: For precise claim language, legal status, and patent family details, accessing the official AU Patent database is recommended.
