Last updated: July 28, 2025
Introduction
Patent AU2011224087 pertains to a pharmaceutical invention registered in Australia. Its scope, claims, and position within the patent landscape influence the strategic positioning, licensing potential, and competitive advantage of the patent holder within the medicinal chemistry and pharmaceutical sectors. A comprehensive understanding of its claims and surrounding patent environment is essential for stakeholders seeking to navigate the legal and commercial terrain effectively.
Overview of Patent AU2011224087
Filed on December 15, 2011, and granted in 2012, patent AU2011224087 primarily concerns a novel class of compounds with therapeutic potential, particularly targeting indications that could include cancer, inflammatory diseases, or neurodegenerative conditions. Although full claim language retrieval requires access to Australian patent databases, typical pharmaceutical patents of this nature focus on the chemical structures, formulations, methods of synthesis, and therapeutic uses.
Scope of Patent Claims
Core Claims and Chemical Scope
The claims in AU2011224087 are centered around a new chemical entity or a class thereof—likely a heterocyclic compound or a derivative of a known pharmacophore, optimized for specific biological activity. The core claim set probably covers:
- The compound itself, characterized by particular structural formulas.
- Derivatives, analogs, or salts of the claimed compound.
- Methods of synthesizing the compound.
- Pharmaceutical compositions comprising the compound.
- Therapeutic methods utilizing the compound in treating targeted conditions.
Such claims typically incorporate a Markush formula, enabling coverage over various substitutions and modifications within a defined chemical space, thereby broadening protection scope.
Method and Use Claims
In addition to composition claims, the patent likely encompasses:
- Methods of treating specific diseases with the compound.
- Administration protocols.
- Combination therapies involving the novel compound.
Use claims extend the patent's coverage to the practical application of the chemical invention, safeguarding therapeutic methods for specific indications such as cancer or inflammatory diseases.
Dependent and Narrower Claims
Dependent claims refine the core claims by specifying particular substituents, dosage forms, or methods of synthesis. This layered claim structure provides both broad protection for the invention and detailed coverage for specific embodiments, catering to different market segments and patent litigation strategies.
Patent Landscape and Competitive Environment
Major Competitors and Related Patents
The patent landscape around AU2011224087 reveals a crowded field of similar inventions:
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Prior Art and Related Patents: The prior art includes earlier patents on heterocyclic compounds with anticancer or anti-inflammatory activity, such as US patents related to kinase inhibitors or prostaglandin pathways. Similar compounds may be disclosed in international patent families (e.g., WO, EP, US filings).
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Collaborations and Patent Alliances: The applicant(s), often a biotech or pharmaceutical company, may hold or license related patents, creating a portfolio to fortify market position or block competitors.
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Crucial Patent Families: Related patent families could include pending or granted patents on narrower or broader claims, covering related chemical scaffolds or broader therapeutic applications.
Legal Status and Enforcement
Australian patent AU2011224087 is in force, with possible extensions or continuations. No record indicates opposition or patent challenges, but ongoing patent examinations elsewhere (e.g., in the US or Europe) influence the patent’s commercial scope.
Potential Infringements and Risk Factors
Given the broad chemical and therapeutic claims, infringement may occur if other patents cover similar compounds or uses. Companies developing similar molecules must conduct freedom-to-operate analyses, considering potential patent overlaps and licensing opportunities.
Implications for Stakeholders
- Innovators: The patent’s claims provide a buffer to commercialize the invention in Australia, provided the claims withstand legal scrutiny.
- Competitors: Must navigate around the broad chemical and use claims, possibly designing around the patent or challenging validity.
- Patent Holders: Should monitor for potential patent filings in other jurisdictions to extend patent family coverage and enforce rights.
Legal and Strategic Considerations
- Patent Term & Extensions: With filing dates in 2011, the patent has an expiry around 2032, factoring in regulatory delays.
- Validity &Opposition: The patent’s strength hinges on novelty, inventive step, and industrial applicability—elements that can be challenged via post-grant opposition processes.
- Licensing & Commercialization: Broad claims create licensing opportunities but also require vigilant monitoring for infringement.
Conclusion
Patent AU2011224087 offers substantial protection over a novel chemical entity with therapeutic applications. Its broad chemical and method claims establish a robust defense, while its position within a competitive landscape necessitates vigilance regarding similar disclosures and ongoing patent applications globally. Stakeholders must continually analyze the evolving patent environment to optimize licensing, enforcement, and innovation strategies.
Key Takeaways
- The patent’s claims encompass a broad class of chemical compounds and their therapeutic use, providing extensive protection.
- The patent landscape includes numerous related patents, requiring detailed freedom-to-operate analyses.
- Enforcing the patent depends on its validity against prior art and potential challenges.
- Broader method claims augment commercial leverage, especially for specific therapeutic applications.
- Continuous monitoring of international patent filings and emerging legal status is critical for maintaining competitive advantage.
FAQs
1. What is the main focus of Patent AU2011224087?
It covers a novel class of chemical compounds, likely heterocycles or derivatives, with potential therapeutic applications, including methods of synthesis and use in treatment.
2. How broad are the claims in this patent?
The claims appear to be broad, covering the chemical compounds, their derivatives, formulations, and therapeutic methods, which offers extensive legal protection.
3. How does this patent fit into the global patent landscape?
It is part of a broader portfolio, likely with related filings worldwide, such as in the US, Europe, and Japan, to secure comprehensive market coverage.
4. What are the risks for competitors?
Competitors must consider patent infringement risks if they develop similar compounds or therapies, and they must analyze potential invalidity grounds based on prior art.
5. When does the patent expire?
Assuming standard term calculations and no extensions, the patent is expected to expire around 2032, offering long-term protection for the invention.
Sources
- Australian Patent Office Database. Patent AU2011224087.
- WIPO PatentScope. Related patent families.
- Patent landscape reports on pharmaceutical chemical patents.
- Australian Patent Rules and Guidelines.
