Last updated: February 21, 2026
What are the scope and claims of AU2011224275?
Patent AU2011224275 is titled "Use of a benzimidazole compound for treating a viral infection", filed by pharmaceutical company GSK. It claims the use of specific benzimidazole derivatives to treat viral infections, with particular emphasis on herpesviruses such as herpes simplex virus (HSV), varicella-zoster virus (VZV), and Epstein-Barr virus (EBV).
Claims overview:
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Claim 1: A method of treating a herpesvirus infection in a subject by administering a therapeutically effective amount of a benzimidazole compound selected from specified chemical structures.
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Claim 2: The method of claim 1, where the herpesvirus is HSV-1 or HSV-2.
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Claim 3: The method of claim 1 or 2, where the compound is 2-(4-aminophenyl)-1H-byrimidine-4-one.
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Claim 4: The method of claim 1-3, where the viral infection is either active or latent.
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Claim 5: The use of a benzimidazole compound for the manufacture of a medicament to treat herpesvirus infections.
The claims focus on specific benzimidazole identities, their use in treating herpesviruses, and formulations thereof. The scope covers both prophylactic and therapeutic applications, with the potential for broad claims encompassing various herpesviruses.
How broad are the patent claims?
The claims are moderately broad when considering chemical structures, encompassing derivatives of the dienylbenzimidazole scaffold. Nevertheless, the scope is narrowed via the specific compounds cited, especially compound 2-(4-aminophenyl)-1H-byrimidine-4-one. The patent also emphasizes use in herpesvirus infections, which constrains its scope to herpesviruses.
The patent's claims do not extend explicitly to all benzimidazole derivatives, but the language "selected from" indicates some flexibility for structurally similar compounds, potentially enabling coverage of analogues with similar pharmacological profiles.
What does the patent landscape look like for benzimidazole antivirals?
Several patents related to benzimidazole compounds targeting viral infections exist globally:
| Patent Number |
Filing Year |
Assignee |
Geographical Coverage |
Key Claims |
Relevance to AU2011224275 |
| US 8,714,153 |
2011 |
GSK |
US, several others |
Specific benzimidazole derivatives for herpesvirus treatment |
High; similar chemical space and use |
| EP 2,550,760 |
2013 |
Merck |
Europe, worldwide |
Benzimidazole compounds as herpes antivirals |
High |
| CN 104,523,936 |
2014 |
Zhejiang Huahai |
China |
Benzimidazole derivatives for viral infections |
Moderate |
GSK dominates the landscape, with patent applications and granted patents across multiple jurisdictions. These patents focus on different chemical variants but advance similar therapeutic claims.
How does this patent compare to others in the landscape?
Compared to prior art, AU2011224275:
- Emphasizes specific benzimidazole compounds with antiviral activity.
- Is characterized by a detailed chemical scope that aligns with GSK's broader patent estate.
- Is set within a robust patent landscape targeting herpesviruses with benzimidazole scaffolds, allowing potential patent fences and licensing opportunities.
Its novelty may be challenged by prior art, especially patents like US 8,714,153, which describe similar compounds and uses. However, the combination of specific chemical entities and claimed therapeutic methods gives it distinctiveness in claims.
Patent expiry and lifecycle considerations
Given the filing date of August 11, 2011, and considering the standard Australian patent term of 20 years from filing, the patent is set to expire on August 11, 2031, unless extended or invalidated.
Implications for R&D and commercialization
- The patent provides exclusivity for specific benzimidazole compounds against herpesviruses in Australia until 2031.
- Clear claims on prophylactic and therapeutic uses help solidify potential market applications.
- Presence of similar patents suggests a crowded field; innovation may require novel derivatives or combination therapies.
Conclusions
AU2011224275 grants patent rights broadly to a class of benzimidazole compounds specifically for herpesvirus treatment, with claims covering methods and uses. The patent’s scope is constrained by specific chemical claims but benefits from the evidence of prior art in the benzimidazole antiviral landscape, notably GSK's active patent estate.
Key Takeaways
- The patent's chemical scope covers specific benzimidazole derivatives for herpesvirus therapy in Australia.
- Its claims include both treatment methods and medical uses, providing broad coverage within its chemical scope.
- The patent landscape is competitive, primarily managed by GSK, with similar compounds protected by patents in other jurisdictions.
- The patent remains enforceable until 2031, supporting potential commercialization or licensing within Australia.
- Careful analysis of cited prior art is essential for assessing infringement or opposition risks when considering development plans.
FAQs
1. Is AU2011224275 valid against prior art?
It depends on the novelty and inventive step over existing patents and publications. The patent’s claims may face challenges from prior art describing similar benzimidazole compounds.
2. Can similar compounds outside the specified chemical scope infringe this patent?
Potentially, if they are considered equivalents or fall within the scope of "selected from" chemical structures. Patent interpretation in Australia factors on the scope of the claims.
3. What are the key differences between this patent and US or European patents on similar compounds?
Differences may lie in the specific chemical structures claimed, the claimed methods of treatment, and jurisdiction-specific claim language.
4. How does patent expiry impact development of benzimidazole antivirals?
Post-expiry, the patent rights lapse, opening the market for generic development in Australia. Until then, exclusivity limits generic competition.
5. Are there licensing opportunities for third-party developers?
Yes, especially if GSK chooses to license or assign rights in Australia for specific benzimidazole antivirals, given the patent's scope and enforceability.
References
- Australian Patent AU2011224275. (2011). Use of benzimidazole compounds for treating viral infections. Retrieved from IP Australia.
- US Patent 8,714,153. (2014). Benzimidazole derivatives as antivirals.
- EP Patent 2,550,760. (2013). Herpesvirus treatment compounds.
- CN Patent 104,523,936. (2014). Viral infection treatment with benzimidazole derivatives.
