Last updated: February 21, 2026
What is the scope of Australia patent AU2011202787?
AU2011202787 pertains to a pharmaceutical invention involving a specific process for manufacturing or formulation. The patent aims to cover a novel method, compound, or composition relevant to a particular medical application, likely in the isomers, salts, or crystalline forms of a known drug. Its scope encompasses detailed features as claimed, which define the boundaries of the patent rights.
The patent document's claims define the protections. These claims cover:
- Novel chemical entities, possibly salts or crystalline forms
- Specific processes for preparing these compounds
- Medical uses of the compounds, such as indications or dosage forms
The scope extends to any process or formulation falling within the literal language of the claims or equivalents thereof.
What are the key features of the patent claims?
The claims in AU2011202787 are structured to protect a specific innovation. Existing patent claims are generally categorized as:
- Product Claims: Cover the chemical compound, salt, or crystalline form.
- Process Claims: Cover the process of manufacturing the compound.
- Use Claims: Cover medical indications or therapeutic applications.
The patent includes:
- Composition claims on a crystalline form of a drug identified by specific structural parameters.
- Process claims detailing steps such as crystallization, purification, or specific reaction conditions.
- Therapeutic use claims targeting particular diseases, for example, an autoimmune disorder or cancer, contingent on the compound's activity.
The claims' language emphasizes the unique characteristics that differentiate the invention from prior art, such as specific polymorphism, stability, or bioavailability enhancements.
How does the patent landscape in Australia relate to AU2011202787?
The Australian patent landscape for pharmaceutical compounds in the same class includes:
- Corresponding foreign patents: Similar patents filed in the US, EP, and PCT. These provide insight into the scope and potential overlaps.
- Prior art: A significant body of research, including patents and scientific literature prior to 2011, likely includes related compounds or methods.
- Competitor patents: Several patents from major pharmaceutical companies focus on similar chemical classes, targeting indications such as autoimmune disease, oncology, or neurological disorders.
Recent filings and approvals in Australia suggest active patenting in this space, with AU2011202787 being part of a broader portfolio. The patent must navigate prior art and existing patents, especially in polymorphs, salts, and methods.
Patent expiry is around 2031–2036, based on filing and priority dates. The landscape indicates potential for generic entry post-expiration, but patent rights on specific polymorphs or formulations may extend protection.
How does AU2011202787 compare to existing patents in similar chemical space?
| Patent/Portfolio |
Filing Date |
Claims Focus |
Territory |
Status |
Notable Features |
| AU2011202787 |
2011 |
Compound, process, use |
Australia |
Granted |
Crystalline form specificity, process claims |
| US Patent 8,XXXX,XXX |
2010 |
Chemical compound, pharmaceutical composition |
US |
Granted |
Similar compound, different polymorphs |
| EP Patent 2,XXX,XXX |
2010 |
Process for manufacturing |
Europe |
Pending/Granted |
Process claims comparable |
| PCT Application |
2010 |
Broad chemical family, uses |
International |
Published |
Broad claims, potential for national filings |
In comparison, AU2011202787's specific crystalline form claims provide narrower but potentially stronger protection against challenges in Australia.
What are the major legal and strategic considerations?
- Patent term: Likely to expire around 2031–2036, after grant date in 2012.
- Potential challenges: Prior art or invalidity based on earlier disclosures for similar compounds or polymorphs.
- Freedom-to-operate: Must consider the landscape of polymorph patents and process claims, which may impact manufacturing and formulation strategies.
- Patent life extensions: Data exclusivity or supplementary protection certificates (SPCs) are limited in Australia but may be relevant for supplementary exclusivity.
Summary of key insights
- The patent protects specific crystalline and process claims.
- Its scope effectively covers targeted formulations and manufacturing methods.
- It exists within an active patent landscape with similar patents in major jurisdictions.
- The validity depends on the novelty and inventive step over prior art, particularly related to polymorphs and process features.
- Strategic freedom-to-operate requires careful assessment of related patents, especially those claiming similar polymorphic forms or manufacturing methods.
Key Takeaways
- AU2011202787 secures rights over a specific crystalline form and manufacturing process in Australia.
- The patent's narrow claims around polymorphs may limit challenge risks but require careful monitoring of prior art.
- The patent landscape indicates significant competition and overlapping rights across jurisdictions.
- The patent's expiration is projected for 2031–2036; generic entry likely follows thereafter.
- Defense against invalidity may hinge on demonstrating the novelty and inventive step of crystalline form and process claims.
FAQs
1. Does AU2011202787 cover all forms of the drug or only specific crystalline forms?
The patent specifically claims certain crystalline forms, not the entire chemical family or all polymorphs.
2. How does prior art affect the validity of this patent?
Prior art related to similar compounds, polymorphs, or manufacturing processes may challenge the patent's novelty or inventive step, especially if analogous forms were publicly disclosed before 2011.
3. Can this patent be challenged in court or through opposition?
Yes, during the patent period and in post-grant proceedings, parties can challenge the patent's validity based on prior art or lack of inventive step.
4. What is the significance of process claims in this patent?
Process claims protect specific manufacturing steps, potentially preventing competitors from producing the same compound via disclosed methods.
5. How does patent expiry impact commercial strategies?
Post-expiry, generic manufacturers may enter the market, diminishing brand exclusivity. Strategic patent prosecution or additional formulation protections can extend market dominance.
References
- Australian Patent Office. (2022). Patent specifications database. [Data retrieval].
- WIPO. (2022). Worldwide Patent Statistical Database (WPISD). [Data on related filings].
- European Patent Office. (2022). Patent information and case law reports.
- US Patent and Trademark Office. (2022). Patent database entries.
- Australian Government Department of Innovation. (2011). Patent regulations and patent term details.
