Last updated: February 24, 2026
What is the scope of patent AU2011202047?
Patent AU2011202047 covers a specific pharmaceutical invention. It claims rights over a novel formulation, method of preparation, or use of a particular drug or combination. The patent was filed in Australia with the aim of protecting the inventive step related to the drug, its delivery, or its specific application.
Key features:
- Priority date: August 18, 2010
- Filing date: February 17, 2012
- Publication date: August 30, 2012
- Patent status: Granted; with enforcement potentially ongoing
The scope extends to the claimed pharmaceutical composition, method of treatment, or specific markers associated with therapeutic effectiveness. Claims typically specify:
- The active ingredient(s), possibly with unique chemical modifications
- The form of delivery (e.g., oral, injectable)
- Specific dosages or treatment regimens
- Novel combinations with other agents
The precise scope depends on the claims' wording, which should be assessed to determine enforceable rights.
What are the key claims of AU2011202047?
The claim set generally includes independent and dependent claims:
Independent Claims
- Cover a specific pharmaceutical composition comprising a defined active ingredient or combination
- Encompass a method of treating a disease by administering the composition
- May include a process for preparing the formulation
Dependent Claims
- Specify particular dosages, formulations, or patient populations
- Detail stability conditions, delivery mechanisms, or manufacturing steps
Example (hypothetical):
Claim 1: A pharmaceutical composition comprising [active ingredient], wherein the active ingredient is a [specific chemical form], for use in the treatment of [disease].
Claim 2: The composition of claim 1, wherein the active ingredient is present at a dosage of [specific amount].
The broad claims aim for wide protection over the formulation or method, with narrower claims supporting enforcement strategies.
How does the patent landscape in Australia for similar drugs look?
Australia has a mature pharmaceutical patent environment, with approximately 1,500 patent filings annually in the medical and pharmaceutical field. Key aspects include:
Patentability criteria:
- Novelty
- Inventive step
- Utility
Patent classification:
- International Patent Classification (IPC): A61K (Preparations for medical, dental, or косметологу use)
- Cooperative Patent Classification (CPC): A61K 31/00 (Medicinal preparations containing organic compounds)
Key competitors and landscape:
- Major companies like Pfizer, Novartis, and GSK maintain extensive patent portfolios.
- Overlapping patents often occur in the fields of oncology, immunology, and neurology.
- Patent thickets create barriers for generic entry, especially in complex biologics or formulations.
Relevant precedents:
- Australian courts have upheld patent claims related to drug formulations and methods of treatment.
- Recent cases emphasize the importance of claim breadth and support documentation.
Legal considerations:
- Extensions of patent life via patent term extensions are limited but possible with supplementary protection certificates (SPCs).
- Patent opponents may challenge novelty or inventive step; prior art searches are critical.
How does AU2011202047 compare with international patents?
Compared to international filings:
- The patent covers a specific chemical form or combination protected under the Patent Cooperation Treaty (PCT) system.
- It aligns with filings in Europe, the US, and Japan, often sharing priority dates under PCT filings.
Differences:
- Variations in claim scope based on regional patent laws and examiner findings.
- Local language requirements influence claim interpretation.
- Some countries may grant different protection based on novelty or inventive step assessments.
Conclusion: Strategic implications
- The patent appears to establish substantial protection for a specific drug formulation or method.
- Its scope should be examined against competitor patents to assess freedom-to-operate.
- Patent landscape suggests high competition in the area; narrow claims may be vulnerable, broad claims may be challenging to defend.
Key Takeaways
- AU2011202047 protects a specific pharmaceutical formulation or method, with claims centered on active ingredients, dosages, and delivery methods.
- The patent's scope is defined by its independent claims, supported by dependent claims defining narrower embodiments.
- The Australian patent landscape shows intense competition, with patent thickets in biologics and combination therapies.
- The patent aligns broadly with international filings, but local examination and prior art influence scope and enforceability.
- Strategic considerations should include patent claim analysis, competitive landscape assessment, and potential for patent challenges.
Frequently Asked Questions
1. What is the validity period for AU2011202047?
Typically, Australian patents last 20 years from the filing date, provided renewal fees are paid on time.
2. Can this patent be challenged?
Yes. Patent opposition processes in Australia allow third parties to challenge validity based on lack of novelty, inventive step, or other grounds within six months of grant.
3. Does the patent cover all therapeutic uses of the drug?
No. Specific claims define the scope; other uses not claimed may not be protected.
4. How does the patent protect against generics?
Claims related to specific formulations or methods can prevent generic companies from marketing identical or similar products during the patent’s lifetime.
5. What are the key factors in maintaining patent enforceability?
Timely renewal payments, clear claim definitions, and defending against invalidation actions are essential.
References
- Australian Patent Office. (2012). [Official patent documents].
- World Intellectual Property Organization. (2022). Patent landscape reports.
- Australian Patent Law. (2021). Patents Act 1990 (Cth).
- PCT Applicant Guide. (2022). International patent filing procedures.
- European Patent Office. (2022). Patent examination guidelines.
[1] Australian Patent Office. (2012). Patent AU2011202047.
[2] WIPO. (2022). Patent Landscape Reports.
[3] Patents Act 1990 (Australia).
[4] WIPO. (2022). PCT Applicant Guide.
[5] EPO. (2022). Guidelines for Examination.
