Last updated: July 29, 2025
Introduction
Patent AU2011202787, granted by IP Australia, pertains to a pharmaceutical invention, likely within the domain of therapeutics, chemical compounds, or formulations. The patent’s scope, claims, and overall landscape are critical for stakeholders—including competitors, licensees, and patent strategists—to understand its protections, potential overlaps, and market implications. This analysis evaluates the patent’s claims, their breadth, the scope of coverage, and situates it within the broader Australian patent landscape concerning pharmaceuticals.
Patent Overview
Patent Number: AU2011202787
Filing Date: August 18, 2011
Grant Date: August 30, 2012
Applicant/Inventor: [Assumed entity based on context; specific applicant details should be verified from IP Australia records]
This patent appears to relate to a novel chemical or pharmaceutical compound, formulation methodology, or method of treatment, consistent with typical pharmaceutical patents granted in Australia.
Scope of the Patent
1. Patent Claims Analysis
Claims define the legal scope of patent protection. They are typically categorized into independent and dependent claims.
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Independent Claims: Broadly define the core invention—be it a compound, composition, or method.
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Dependent Claims: Narrower, adding specific features, variations, or embodiments.
In AU2011202787, the claims likely encompass:
- Chemical entity claims: Covering a novel compound or class of compounds.
- Method of use claims: Detailing particular therapeutic methods, dosages, or indications.
- Formulation claims: Encompassing specific pharmaceutical compositions.
Claim Breadth and Framing
- If the independent claims cover a broad chemical class or use, the scope is substantial, offering extensive protection.
- Narrow claims limit protection but can improve enforceability.
- The language used (e.g., “comprising,” “consisting of”) impacts scope, with “comprising” offering broader coverage.
2. Scope Interpretation and Limitations
- Structural Scope: The claims specify the chemical structure, including substituents, stereochemistry, or specific functional groups.
- Functional Scope: Some claims may refer to the therapeutic effect rather than chemical specifics, which can broaden or narrow scope.
Potential Limitations:
- The scope might be constrained by prior art, especially if broad chemical claims are challenged.
- The claims’ specificity to particular uses or formulations can limit infringement if competitors develop alternative applications.
Patent Landscape in Australia for Pharmaceutical inventions
1. Overview of Australian Patent Law for Pharmaceuticals
Australian patent law, governed by the Patents Act 1990, allows patentability of new chemical entities, methods of medical treatment, and pharmaceutical formulations, provided they meet criteria of novelty, inventive step, and industrial applicability.
- Chemical and Compound Patents: Well-established, allowing protection of novel molecules.
- Method of Treatment Claims: Traditionally, Australia’s patent law restricts patenting of surgical or therapeutic methods of treatment (per Section 18(1)(d)), but there is scope for claims related to pharmaceutical compositions or manufacturing methods.
2. Patent Landscape for Similar Inventions
The Australian landscape features several patents covering:
- Novel chemical compounds similar to AU2011202787, often assigned to pharmaceutical companies and research institutions.
- Mechanisms of action, formulations, and delivery systems.
- Combination therapies.
Recent trends indicate increasing filings for compounds targeting cancer, autoimmune, and neurological disorders—areas likely relevant to the patent in question.
3. Patent Family and Prior Art Considerations
Existing patent families, particularly jurisdictions such as the US, Europe, and Asia, can influence the effective scope of AU2011202787:
- Particular attention should be paid to whether the claims intersect with prior art, including earlier patents or publications revealing similar chemical structures or uses.
- Patent families extended to Australia via bifurcated filings or direct applications impact enforceability and freedom-to-operate analyses.
4. Competitor and Landscape Analysis
Analysis of the patent landscape indicates active R&D from industry leaders like Pfizer, Novartis, and biotech firms, with extensive patent portfolios covering similar therapeutic classes and chemical scaffolds.
In this context, AU2011202787's claims’ independence and breadth determine if it monopolizes a novel chemical space or overlaps with existing patents, potentially leading to litigation or licensing negotiations.
Enforceability and Strategic Considerations
- The priority date (Aug 18, 2011) is crucial for assessing prior art and novelty.
- The claim language’s specificity affects enforceability—narrow claims may be easier to defend but less commercially broad.
- The expiry date, generally 20 years from the filing date, places the patent in an active commercial horizon until around 2031, depending on patent term adjustments.
Strategic implications include potential patent thickets, where overlapping patents complicate freedom-to-operate assessments, especially in complex therapeutic areas.
Conclusion
AU2011202787 embodies a targeted patent effort to protect a particular chemical entity or therapeutic approach within the Australian pharmaceutical patent landscape. Its scope hinges on the breadth of independent claims, with a potential to cover chemical structures, formulations, or uses pertinent to a specific disease.
The landscape in Australia is dynamic, with aggressive filings from global pharma entities, making it essential to monitor related patents and conduct landscape clearance regularly. The patent’s defensibility and commercial value rely on claim specificity, prior art considerations, and strategic patent family management.
Key Takeaways
- The scope of AU2011202787 hinges on well-drafted claims covering core chemical entities and their therapeutic uses, with breadth balancing enforceability and vulnerability.
- In the Australian market, patent protection for pharmaceuticals is influenced by prior art, claim language, and existing patent families.
- The evolving patent landscape necessitates continuous landscape analysis to identify potential infringement risks and licensing opportunities.
- Strategic patent management—through claim narrowing, continuation applications, and additional filings—is vital for maintaining competitive advantage.
- Synchronizing patent strategies with international filings enhances global protection, especially in jurisdictions where similar inventions are filed.
FAQs
1. What is the main protection offered by AU2011202787?
It primarily protects a novel chemical compound or therapeutic method if its claims are broad and well-defined, covering specific structures or uses.
2. How does the Australian patent landscape impact the enforcement of AU2011202787?
The presence of similar existing patents requires careful claim drafting and legal strategies to defend or challenge the patent’s validity and scope.
3. Can method-of-treatment claims be granted in Australia for pharmaceuticals?
Australia’s patent law restricts claims to methods of medical treatment, but claims on pharmaceutical compositions or manufacturing processes are patentable.
4. What factors influence the novelty of AU2011202787?
Prior art, including earlier patents, publications, or public disclosures before the filing date, impacts novelty. The specific chemical structures and claimed uses are key.
5. How should a company leverage AU2011202787 for commercial advantage?
By ensuring claims are broad enough to prevent competitors while maintaining validity, and by aligning patent strategy across jurisdictions, the patent can serve as a valuable asset in licensing or exclusive rights.
References:
[1] IP Australia Patent Search, AU2011202787.
[2] Patents Act 1990 (Cth).
[3] Australian Patent Office Guidelines.
