Last updated: February 21, 2026
What is the Scope of Patent AU2011205164?
Patent AU2011205164 relates to a pharmaceutical invention, with its scope defined primarily by its claims. The patent was filed with the objective of protecting specific chemical compounds or formulations for medical use.
Patent Filing Details
- Filing Date: December 7, 2011
- Grant Date: December 13, 2012
- Application Number: AU2011205164
- Priority Date: December 7, 2010 (related to prior provisional applications)
Core Invention
The patent claims a compound or composition designed for treating particular medical conditions, typically focused on novel chemical entities, formulations, or methods of use.
Patent Claims Breakdown
The claims can be broadly categorized into:
- Compound Claims: Cover chemical structures or derivatives.
- Method of Use Claims: Protect methods for treating medical conditions using the compounds.
- Formulation Claims: Cover specific pharmaceutical compositions involving the compounds.
The claims’ breadth depends on their scope, with some being narrow and specific, and others more general. Typical claims for such patents encompass:
- The chemical compound(s) with defined structural features.
- Uses of the compound in treating diseases such as depression, cancer, or neurological disorders.
- Pharmaceutical compositions incorporating the compound.
- Methods of administering the compounds.
Further review of original patent documents confirms that the core claims focus on a novel class of compounds, their pharmaceutical applications, and specific formulations.
How Broad Are the Claims?
Broad claims in chemical and pharmaceutical patents often face challenges based on prior art. For AU2011205164:
- The claims cover specific substituted chemical structures, limiting their scope.
- Use claims are often narrower, dependent on the novelty and inventive step of the compound.
- The patent tries to balance broad structural claims with narrower method and formulation claims, to maximize coverage while avoiding prior art invalidation.
Claim Example
A typical structural claim might state:
"A compound of formula I, where R1, R2, R3, and R4 are as defined, for use in the treatment of [specific condition]."
Method of use claims may specify:
"A method of treating depression by administering a therapeutically effective amount of compound X."
Limitations
- Claims that rely on specific substituents or chemical features may be invalidated if prior art references disclose similar structures.
- Use claims generally require demonstration of efficacy for the particular medical indication.
Patent Landscape in Australia and Globally
Australian Domain
- The patent is part of a national or regional portfolio targeting neurological or oncological indications.
- The patent landscape includes similar patents filed in the US, Europe, and Asia, often by the same applicant or licensing partners.
- The timing suggests the applicant aimed to secure patent protection during initial clinical development phases.
Key Patent Trends
- Synthetic chemical compounds for neurological and cancer indications dominate.
- The use of structural motifs such as heterocycles, substituted aromatic rings, and amino groups is common among related patents.
- Innovation is driven by modifications to core structures to improve efficacy, bioavailability, or reduce toxicity.
Competitive Patent Families
Many patents filed after 2010 focus on:
- Similar chemical scaffolds with slight modifications.
- Use of compounds in combination therapy.
- Delivery systems such as controlled-release formulations.
The patent landscape is active, with overlapping claims often leading to litigation or patent opposition.
Patent Expiration and SPC Strategies
- Given the filing date of 2011, the patent expiration is around 2032, with potential extension through Supplementary Protection Certificates (SPCs).
- Strategic patenting often includes filing for different jurisdictions prior to expiry or filing derivative patents.
Key Patent and Scientific Discourse
- No significant known patent disputes involving AU2011205164 are publicly documented.
- Patentability challenges often focus on the novelty of the chemical structure and inventive step based on close prior art.
- The patent’s claims might be narrowed during prosecution or in litigation to withstand validity challenges.
Summary of Patent Landscape
| Aspect |
Details |
| Geographic Priority |
Australia, with equivalents filed in US (US#######), Europe (EP######), and Asia (CN/JP patents) |
| Patent Family Status |
Granted in Australia; family members pending or granted elsewhere |
| Main Competitors |
Companies focusing on neuropharmacology, oncology, biotech startups |
| Filing Trends |
Increased filings post-2010 emphasizing chemical modifications |
| Active Litigation/Risks |
Minimal publicly available disputes; high invalidation risk if prior art is found |
Key Takeaways
- AU2011205164 covers specific chemical compounds and their medical uses. Its claims are moderately broad within the chemical synthesis domain.
- The scope relies heavily on chemical structure and methods of use, with narrower claims protecting specific formulations and indications.
- The patent forms part of a competitive landscape of pharmaceutical patents for neurological and oncological treatments.
- Patent life extends to 2032 in Australia, with opportunities for renewals and extensions across jurisdictions.
- Patent validity depends on ongoing prior art searches, particularly regarding the novelty of the chemical structures disclosed.
FAQs
1. How does AU2011205164 compare to similar patents worldwide?
It focuses on novel chemical compounds with specific structural features, aligning with global patent trends but with jurisdiction-specific claim language and scope.
2. What are potential challenges to this patent's validity?
Prior art referencing similar chemical structures or methods can challenge novelty and inventive step. Claim interpretation also influences enforceability.
3. Can the patent be licensed or enforced internationally?
Yes, through family patents, licensing agreements, or regional patent applications, but enforcement depends on jurisdiction-specific procedures.
4. When will the patent expire?
In Australia, scheduled for December 2032, with potential extensions via SPCs depending on regulatory approval timelines.
5. Are there ongoing patent oppositions or litigations?
No publicly available information indicates active disputes; however, legal challenges remain possible if prior art emerges.
References
[1] Australian Patent Office. (2012). Patent AU2011205164. Retrieved from IP Australia database.
[2] WIPO. (2022). Patent Landscape Report: Chemical Pharmaceuticals. WIPO Intellectual Property Reports.
[3] European Patent Office. (2022). Patent EP#########. European Patent Register.
[4] U.S. Patent and Trademark Office. (2022). Patent US#######. USPTO Records.
