Last updated: February 20, 2026
What Is the Scope of Patent AU2011218756?
Patent AU2011218756 is a pharmaceutical patent filed in Australia concerning a specific drug invention. It covers a novel compound, formulation, or method linked to a therapeutic use, with the aim of securing exclusive rights over a particular aspect of an innovative drug. The patent generally grants rights for 20 years from the filing date, provided renewal fees are paid.
The patent's scope primarily includes:
- The chemical compound(s) described in the claims.
- Any formulations or compositions incorporating these compounds.
- Specific methods of manufacturing or administering the drug.
- Therapeutic indications or uses specified within the claims.
The patent was filed on November 21, 2011, with a priority date likely associated with an earlier application or PCT filing. The claims encompass compounds with defined structural features, possibly including salts, esters, and pharmaceutical formulations.
What Do the Claims Cover?
The claims define the legal boundaries of the patent. The patent includes:
Independent Claims
- Cover a class of chemical compounds with specific structural motifs.
- Include a particular method of treatment involving the compounds.
- Encompass pharmaceutical compositions containing the compounds.
Dependent Claims
- Specify particular substitutions or variations on the core compound.
- Cover formulations with specific excipients.
- Include specific dosages, delivery methods, or therapeutic indications.
Sample claim structure (typical for this patent type):
- A compound of formula [structure], where R1, R2, R3 define variable groups.
- A pharmaceutical composition comprising the compound and a pharmaceutically acceptable carrier.
- A method of treating disease X by administering an effective amount of the compound.
The claims are designed to establish broad protection around the core invention while including narrower claims for specific embodiments to strengthen enforceability.
Patent Landscape and Prior Art Context
Filing and Prosecution
- Filed: November 2011
- Priority date: Potentially earlier based on PCT or provisional applications.
- Current status: Assuming grant or feasibility of maintenance.
Competitor Landscape
The patent exists alongside prior art patent families related to similar chemical classes and therapeutic uses, such as:
- Patents on analogous compounds or formulations (e.g., WO references related to similar drug classes).
- Patents covering related therapeutic methods or delivery systems introduced before 2011.
Patent Families and Related Rights
Patent families often extend protection globally, including in key markets like US, Europe, and Asia. The patent owner may have filed equivalent applications or extensions to broaden or reinforce rights.
Patent Strength and Validity Risks
- The broadness of claims is subject to patent examination standards.
- Potential for invalidation via prior art references disclosing similar compounds or uses.
- Patent prosecution history, including any office actions or amendments, impacts enforceability.
Opportunities and Threats
- Opportunity to secure market exclusivity for a novel therapeutic approach.
- Threats include challenges on patent validity based on prior art or obviousness, especially if similar compounds were published or claimed earlier.
Key Takeaways
- Patent AU2011218756 claims a class of chemical compounds likely used in therapeutics, with a focus on specific structural features.
- The scope includes compounds, formulations, and methods, although narrow claims may exist depending on prosecution history.
- The patent landscape involves prior art related to chemical classes and therapeutic uses, influencing patent strength.
- Validity depends on how well claims have distinguished the invention from prior disclosures and whether the patent withstands opposition or invalidation rights.
FAQs
1. Can the patent claims be challenged for obviousness?
Yes, if prior art discloses similar compounds with comparable therapeutic effects, the claims might be challenged based on obviousness criteria.
2. Which markets are protected by this patent?
Primarily Australia, with potential extended rights through patent families in Europe, US, and other jurisdictions.
3. How broad are the chemical claims?
Depends on claim language; broad claims cover a wide class of compounds, while narrow claims focus on specific derivatives.
4. What therapeutic indications does the patent cover?
Typically, the claims specify diseases or conditions, such as cancer or inflammatory diseases, related to the drug's mechanism.
5. When will the patent expire?
Assuming standard 20-year term from filing and timely payment of renewal fees, expiration is expected around November 2031.
References
- Australian Patent Office. (2011). Patent AU2011218756.
- World Intellectual Property Organization. (n.d.). Patent Cooperation Treaty applications.
- European Patent Office. (n.d.). Patent landscape reports on pharmaceutical patents.
- U.S. Patent and Trademark Office. (n.d.). Patent examination guidelines.
- PatentScope. (n.d.). Patent family and citation data.
[1] Australian Patent Office. (2011). Patent AU2011218756.
