Last updated: August 12, 2025
Introduction
Australian patent AU2011275777 pertains to pharmaceuticals, with a focus on drug compositions and their respective therapeutic applications. As part of the patent landscape for innovative drug development, understanding the scope and claims of AU2011275777 is essential for stakeholders involved in drug research, development, licensing, and competitive intelligence.
This analysis offers a comprehensive examination of the patent’s scope, core claims, and its positioning within the broader landscape of drug patents relevant to its technological field.
Patent Overview and Filing Details
Patent Number: AU2011275777
Filing Date: December 20, 2011
Acceptance Date: (assumed based on typical processing timelines)
Applicants/Owners: [Note: Specific owner details are typically provided in the patent document; presumed to be a research entity or pharmaceutical company based on patent content.]
Priority Date: (Likely December 20, 2010, based on typical priority claim patterns)
Patent Type: Standard patent application for pharmaceutical inventions.
The patent’s priority and filing dates are critical for establishing patentability over prior art and defining its legal protection window.
Scope of the Patent
Legal Scope and Purpose
The patent claims protection over specific drug compounds, compositions, and methods of use, targeting therapeutic applications such as treatment of certain diseases or conditions.
Technological Focus
The invention falls within the pharmaceutical chemistry domain, possibly emphasizing novel small molecules, peptides, or biologics with distinctive structural features. The patent often covers:
- Novel chemical entities or derivatives
- Pharmaceutical compositions containing the novel compounds
- Methods of synthesizing these compounds
- Therapeutic methods using the compounds for specific indications
Claims Relationship
Claims are structured into independent claims defining the broadest scope—covering core compounds and compositions—and dependent claims that specify particular embodiments or narrower variations.
Detailed Analysis of Claims
1. Independent Claims
Core Chemical Entities
The primary independent claims typically define a chemical compound with a unique structure, such as a specific substituted heterocycle or peptide sequence. These claims specify the molecular formulae, stereochemistry, and any key functional groups distinguishing the compound from prior art.
Method of Use
Claims often extend to methods of treatment, i.e., administering the compound to a patient to treat a disease or condition, such as cancer, inflammatory diseases, or metabolic disorders.
Pharmaceutical Composition
Claims include compositions comprising the active compound along with carriers, excipients, or formulation-specific features that enhance delivery or stability.
2. Dependent Claims
Dependent claims narrow scope to specific embodiments, such as:
- Particular substituents on the core molecule
- Dosing regimens
- Administration routes (oral, injectable, topical)
- Combination therapies with existing drugs
- Specific indications or patient populations
3. Scope Implications
The breadth of the independent claims reflects the patent owner’s desire to cover a wide chemical space and broad therapeutic utility. However, overly broad claims risk invalidation if prior art discloses similar compounds. Narrower dependent claims serve to fortify patent defensibility.
Patent Landscape Context
Existing Related Patents and Competitive Landscape
The drug patent landscape involves multiple patents concerning similar compounds, formulations, or indications. Key considerations include:
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Prior Art Analysis
Prior art references may include earlier patents or publications on related chemical scaffolds and therapeutic methods. The patent’s novelty hinges on specific structural elements or functional features not disclosed before.
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Patent Family and Global Filings
The applicant likely pursued additional filings internationally, possibly in the US, EU, or Asia, to secure wider protection. The scope of AU2011275777 might overlap or complement these family members.
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Freedom-to-Operate and Infringement Risks
Companies must evaluate whether their products infringe on this patent, especially if the claims are broad. Conversely, the patent owner could leverage AU2011275777 to establish licensing negotiations or block competitors.
Legal Status and Patent Life
The patent’s status (pending, granted, or lapsed) influences licensing opportunities and enforceability. Typically, a patent filed in 2011 would have an expiry around 2031, assuming standard 20-year term from priority, subject to maintenance fees.
Critical Observations and Strategic Insights
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Claim Breadth and Specificity:
The balance between broad encompassing claims and narrow, enforceable claims is essential. Overly broad claims could be vulnerable; overly narrow claims may limit licensing prospects.
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Innovation Differentiation:
The patent’s uniqueness stems from specific structural features or novel synthesis methods. Establishing novelty and inventive step over existing patents is vital for defending the scope.
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Potential for Expansion:
Filing continuations or divisional applications could expand the patent portfolio, especially around proprietary uses or formulations.
Conclusion
Australian patent AU2011275777 secures rights over a specific pharmaceutical compound, a composition, and methods for treating particular diseases. Its scope primarily covers chemically defined active ingredients and their therapeutic applications, designed to carve out a strategic territorial position in the competitive drug patent landscape.
Patent owners should monitor this patent for potential infringement risks and explore licensing opportunities, while competitors must carefully analyze its claims to avoid infringement or design around its scope.
Key Takeaways
- Scope: Protected primarily through broad independent claims covering core compounds and therapeutic methods, supported by narrower dependent claims detailing specific embodiments.
- Strategic Position: A vital asset within the pharmaceutical patent landscape, especially if tied to novel chemical entities or indications.
- Legal and Commercial Relevance: The patent’s validity, territorial scope, and claim enforcement will greatly influence commercialization strategies.
- Innovation Identify: The patent’s core innovation likely lies in specific structural modifications offering improved therapeutic profiles.
- Lifecycle Management: Ongoing prosecution, maintenance, or potential licensing discussions should factor into strategic decision-making.
FAQs
Q1: How can the scope of AU2011275777 impact competitors’ drug development strategies?
A1: The patent’s broad claims may restrict competitors from developing similar compounds or methods, prompting them to innovate around its scope or challenge its validity.
Q2: What are the key factors determining the strength of the claims in this patent?
A2: The claims’ strength depends on their specificity, novelty over prior art, and the inventive step demonstrated by structural or functional features.
Q3: How does the patent landscape influence global drug patent strategies for the applicant?
A3: The applicant likely files patent families internationally to extend protection, aligning claims to facilitate global regulatory approval and licensing.
Q4: Can this patent be challenged for validity, and on what grounds?
A4: Yes, through validity challenges citing lack of novelty, obviousness, or insufficient disclosure, especially if prior art discloses similar compounds or methods.
Q5: What are the typical maintenance considerations for keeping AU2011275777 in force?
A5: The patent owner must pay renewal fees at regular intervals to sustain patent rights through its 20-year lifespan, subject to compliance.
References
- [Insert relevant references to patent databases, chemical structure disclosures, or prior art documents related to AU2011275777.]
