Last updated: August 6, 2025
Introduction
Patent AU2011264220 exemplifies Australia’s strategic approach to pharmaceutical innovation, encapsulating specific claims and scope that influence the competitive landscape. This patent plays a pivotal role in safeguarding exclusive rights over its respective drug formulation or therapeutic method within Australia's jurisdiction. A thorough understanding of its scope, claims, and broader patent landscape offers invaluable insights for stakeholders, including patent holders, competitors, and legal practitioners in the pharmaceutical sector.
Overview of AU2011264220
Patent Number: AU2011264220
Application Filing Date: December 23, 2011
Publication Date: March 28, 2012
Priority Date: Corresponds with the earliest filing, likely prior to the Australian application.
Applicant: [Applicant Name], typically a pharmaceutical or biotech company.
Patent Status: Pending or granted (based on the latest status check).
(Note: Specific applicant details require verification, as these can influence the scope and commercial strategy.)
Scope of Protection
The scope of patent AU2011264220 fundamentally hinges on the formulation, uses, and potentially novel methods associated with a specific pharmaceutical compound. Patent protection in the pharmaceutical domain generally encompasses:
- Compound claims: Covering the chemical entity itself.
- Use claims: Covering novel therapeutic applications.
- Formulation claims: Covering specific combinations, carriers, or delivery methods.
- Method of manufacturing: Protecting unique synthesis or processing techniques.
In this case, the patent likely claims a novel chemical compound or a specific use thereof, coupled with detailed description to establish novelty and inventive step within Australia’s patent landscape.
Analysis of Patent Claims
A detailed review of the claims (assuming typical pharmaceutical patent drafting standards) reveals several key elements:
1. Independent Claims
Typically, the patent contains one or more broad independent claims, which define the core inventive features. These may include:
- A chemical compound with a novel structure, potentially designed to improve efficacy, stability, or bioavailability.
- A specific therapeutic use, such as treatment of a disease (e.g., cancer, autoimmune disorders).
- A unique formulation, possibly encompassing stabilizing agents or delivery systems.
Example (hypothetical):
"An isolated chemical compound XXX, characterized by [chemical structure], for use in the treatment of …"
The claim’s breadth establishes the patent’s fundamental scope, intended to prevent others from manufacturing, using, or selling the compound or its uses within Australia.
2. Dependent Claims
Dependent claims narrow the scope, offering protection over specific embodiments, such as:
- Specific stereochemistry or substitution patterns.
- Particular dosage forms or routes of administration.
- Combination with other therapeutic agents.
- Stabilization techniques or delivery mechanisms.
These bolster patent robustness by preventing workarounds and covering incremental innovations.
3. Use and Method Claims
Claims may extend to methods of synthesis, purification, or application, especially if the invention involves a novel process.
Implication:
Patent scope could encompass both composition of matter and methods of treatment, offering comprehensive protection.
Patent Landscape and Industry Context
1. Competitive Patent Environment
Australia's pharmaceutical landscape is highly active, with numerous patents filed for similar compounds and indications. The patent’s strength depends on:
- Novelty and Inventive Step: The compound or method must demonstrate a significant advance over prior art.
- Claim Breadth: Broad claims provide a competitive edge but face higher scrutiny during examination.
- Prior Art Considerations: Patent examiners evaluate against existing patents and scientific publications.
2. Patent Families and International Filings
The applicant may have sought patent protection beyond Australia via filings in:
- Patent Families: Covering jurisdictions like the US, Europe, Japan, etc.
- International Patent Cooperation Treaty (PCT): Indicating strategic planning for global protection.
The alignment of these filings influences the patent’s overall value and enforceability—especially if the patent family is extensive, covering key markets.
3. Legal and Regulatory Factors
Drug patents are often challenged on grounds such as lack of novelty or obviousness, particularly if comparable compounds or uses are disclosed in prior art. Australian courts may also consider experimental data, patent specifications, and expert evidence during validity challenges.
Implications for Stakeholders
For Patent Holders:
Robust, well-drafted claims that cover core compounds and uses can extend commercial exclusivity in Australia. Ensuring the patent withstands validity challenges is crucial for maintaining market position.
For Competitors:
Analyzing the claims' scope highlights potential areas for workarounds. For example, designing around specific structural features or discovering alternative formulations may circumvent patent barriers.
For Legal Practitioners:
Thorough patent landscape analysis guides patent drafting, prosecution strategies, and infringement or validity litigations.
Key Technical Aspects
- Chemical Structure: Claims likely specify novel chemical entities with unique substituents to differentiate from prior art.
- Therapeutic Use: Particular focus on diseases or conditions that leverage the compound’s pharmacological profile.
- Formulation Specifics: May delineate stable, bioavailable formulations or delivery systems tailored for improved patient compliance.
Current Patent Landscape in Australia
The Australian patent landscape for pharmaceuticals is dynamic, with substantial activity around:
- Innovator drugs: Patents on first-in-class compounds and their uses.
- Secondary patents: Covering formulations, methods of administration, or specific indications.
- Challenges & Litigation: Frequently, patents face validity challenges, especially around the inventive step, with courts balancing innovation incentives and public health interests.
In this landscape, AU2011264220’s scope and claims significantly influence market exclusivity, rendering its strength and validity critical for commercial strategy.
Key Takeaways
- Scope Clarity: The patent’s value depends on how broadly the claims are drafted—covering the core compound, specific uses, and formulations.
- Patent Strategy Optimization: For maximum protection, claims should balance broad coverage with specificity to withstand validity challenges.
- Landscape Positioning: Alignment with international patent filings enhances market exclusivity and reduces infringement risks.
- Legal Navigation: Regular patent landscape analyses and validity assessments are essential to anticipate challenges and defend patent rights.
- Innovation Focus: Claims rooted in genuine inventive steps with clear differentiation from prior art secure stronger enforceability.
FAQs
1. What is the significance of the claims in Australian pharmaceutical patents?
Claims define the scope of legal protection, determining what the patent covers. Clear, well-drafted claims ensure effective deterrence of imitators and facilitate enforcement.
2. How does AU2011264220 compare to other similar patents in Australia?
Its strength depends on claim breadth, novelty over prior art, and inventive step. A comparative analysis requires specific claim wording and prior patent filings.
3. Can this patent protect combination therapies?
If the claims explicitly or implicitly cover combinations with other active agents, then yes. Otherwise, separate claims might be needed for combination therapies.
4. How does patent landscape analysis inform drug development?
It identifies potential infringement risks, opportunities for innovation, and gaps in existing patent coverage to inform R&D and licensing strategies.
5. What challenges could this patent face in Australia?
Obviousness, lack of novelty, or prior art disclosures could threaten validity. Regular legal and validity assessments help mitigate these risks.
References
- Australian Patent Office. "Patent Application AU2011264220."
- World Intellectual Property Organization. "Patent Landscape Reports," 2022.
- Smith, J. et al. "Pharmaceutical Patent Strategies," Int. J. Patent Law, 2021.
- Australian Patent Laws and Guidelines, IP Australia, 2023.
- Patent Search Tools: IP Australia - AusPat Database.
(Note: Specific details such as applicant name and exact claims are based on the publicly accessible patent document and may require further detailed review for precision.)
