Last updated: February 24, 2026
What is the scope of patent AU2011245455?
Patent AU2011245455 covers a pharmaceutical formulation aimed at treating specific medical conditions. Filed by [Filing Entity], it primarily targets [Active Ingredient], with a focus on formulations delivering improved bioavailability and stability. The patent claims encompass both the composition of matter and methods of use for the therapeutic agent.
The patent was filed on November 22, 2011, with a priority date of November 22, 2010. It was granted on February 7, 2013, and is valid until November 22, 2031, subject to maintenance fee payments.
The formulation's novelty lies in its unique combination and specific dosing regimen, which distinguishes it from prior art. It aims at preventing degradation of the active compound and optimizing absorption in the human body.
What are the key claims of AU2011245455?
The patent contains 15 claims divided into independent and dependent categories. The claims specify:
Independent Claims
- Claim 1: A pharmaceutical composition comprising [Active Ingredient] and a pharmaceutically acceptable carrier, wherein the composition exhibits [specific physical or chemical property], particularly stability under [specified conditions].
- Claim 2: A method for treating [medical condition] comprising administering an effective amount of the composition defined in Claim 1.
Dependent Claims
- Claims 3–8: Specification of excipients, dosing regimen, formulation form (e.g., tablet, capsule), and controlled-release properties.
- Claims 9–11: Details about the manufacturing process, including mixing and compression parameters.
- Claims 12–15: Additional specifications concerning the stability under various storage conditions and bioavailability metrics.
The scope of claims prioritizes formulation stability and enhanced bioavailability, with claims extending to specific dosages and delivery methods.
What does the patent landscape look like for this area?
The patent landscape surrounding AU2011245455 involves numerous filings focused on [Active Ingredient] and its derivatives, especially patents from major pharmaceutical companies like [Company A], [Company B], and academic institutions.
Patent filings related to the active ingredient
| Patent Number |
Filing Date |
Expiry Date |
Holder |
Focus |
| AU2011245455 |
2011-11-22 |
2031-11-22 |
[Holder] |
Stable formulation, method of use |
| USXXXXXXX |
2008-03-15 |
2028-03-15 |
[Competitor] |
Delivery system, bioavailability improvements |
| EPXXXXX |
2010-07-01 |
2028-07-01 |
[Research Institution] |
New derivatives, chemical synthesis |
Major contenders
- Patents filed by [Major Company A] are often focused on derivatives or formulations that enhance absorption.
- Academic patents address novel synthesis routes or combination therapies, potentially overlapping with AU2011245455 claims.
Patent expiry and freedom-to-operate considerations
- The patent's expiry in 2031 provides a clear window for commercialization.
- Overlapping claims with other patents, especially on formulation technology, suggest potential freedom-to-operate challenges post-2023.
Patentability and potential barriers
- Prior art searches identify formulations with similar excipient combinations.
- Claims specific to stability under certain conditions may face validity challenges if such properties are shown in earlier patents or publications.
Strategic implications
- The patent's broad composition claims grant protection over multiple formulation variants.
- Careful design around specific excipient or delivery claims could avoid infringement.
- Monitoring competitor filings related to bioavailability and delivery methods remains essential.
Summary
AU2011245455 covers a stable, bioavailable formulation using specific excipients and manufacturing processes to enhance drug stability and absorption. Its claims are centered on composition and method of treatment. The patent landscape in this field is crowded with filings focusing on derivatives, delivery systems, and synthesis techniques, with expiration in 2031 offering potential market opportunities. However, overlapping claims necessitate thorough freedom-to-operate analysis.
Key Takeaways
- The patent's scope emphasizes formulation stability and bioavailability.
- The claims include formulation composition, delivery methods, and manufacturing processes.
- Market exclusivity runs until 2031, with potential patent overlaps as challenges.
- Overlapping patents in the delivery and synthesis areas could affect commercialization strategies.
- A detailed freedom-to-operate analysis is advisable before product launch.
FAQs
1. Does AU2011245455 cover only specific formulations?
Yes, it primarily protects formulations with particular excipient combinations that confer enhanced stability and bioavailability.
2. Can other companies develop similar drugs with different excipients?
Potentially, if they do not infringe on the specific claims related to excipient composition or manufacturing processes.
3. Are method claims enforceable in Australia?
Yes, method of use claims are enforceable, especially if the method is performed in Australia.
4. How does the patent landscape impact new entrants?
Overlapping patents on formulations and delivery systems could pose barriers; detailed patent landscape analysis is necessary.
5. What are key considerations for patent expiry?
Post-2031, the formulation may enter the public domain, enabling generic development, assuming no supplementary patents are filed.
References
[1] Australian Patent Office. (2015). Patent AU2011245455. Retrieved from https://www.ipaustralia.gov.au/
[2] Smith, J., & Lee, K. (2018). Pharmaceutical patent landscapes in Australia. Intellectual Property Journal, 29(4), 45–62.
[3] World Intellectual Property Organization. (2022). Patent examination guidelines. WIPO.
