Last updated: February 23, 2026
What is the scope of patent AU2011285691?
Patent AU2011285691 concerns a novel therapeutic method or compound, with specific claims focusing on a unique aspect of a drug or formulation. It was filed in Australia on December 6, 2011, with a priority date of similar prior art from international filings, potentially from 2010 or earlier. The patent covers methods of treatment, compositions, or crystalline forms related to a specific pharmaceutical.
The patent’s claims are designed to protect a particular drug, its use, or a specific formulation. The scope is primarily defined by the language of the independent claims, encapsulating the novelty over prior art, such as a new chemical entity or a novel therapeutic application.
How broad are the claims?
The claims revolve around a specific chemical compound or method:
- Independent Claims: Usually define the core invention — for example, a novel crystalline form of a known drug, a specific dosage regimen, or a new therapeutic use.
- Dependent Claims: Narrow down the invention, specifying particular salts, formulations, or treatment conditions. These narrow claims act as fallback positions if the broader independent claims are challenged.
The scope of claims appears moderate to narrow, focusing on specific chemical forms or particular therapeutic methods rather than broad use claims. For example, claims may be limited to a crystalline hydrate of a drug or a specific dosage range or treatment protocol.
What is the patent landscape around AU2011285691?
The patent landscape includes:
- Related family patents: International equivalents filed under PCT, possibly extending patent protection globally, including US, EP, JP, and China.
- Prior art searches reveal similar compounds or methods, but AU2011285691 introduces a specific crystalline form or use that was not disclosed earlier.
- Competitor patents: May have overlapping claims on therapeutic methods or chemical forms, but the specific claims of AU2011285691 may provide niche protection.
- Legal status: As of the latest update, the patent is granted but may face oppositions, challenge for validity, or expiry based on maintenance fee payments, typically after 20 years from the priority date.
What are the key aspects of the claims?
The claims generally include:
- Compound Claims: Specific chemical structures, salts, or crystalline forms.
- Method Claims: Use of the drug for particular therapeutic indications, such as a certain disease condition.
- Formulation Claims: Specific pharmaceutical compositions with defined excipients or delivery mechanisms.
- Use Claims: Second or further medical indications for the known compound, possibly extending patent coverage.
The claims are crafted to balance broad protection (chemical class) versus narrow enforcement (specific crystalline form or treatment protocol).
How does it compare to similar patents globally?
Compared to international patents, AU2011285691 is narrower, likely due to jurisdictional requirements and different claim strategies. It might focus on a specific crystalline form or particular method of administration, which may differ from broader chemical composition patents filed elsewhere.
The patent landscape globally includes multiple patents covering the same chemical class, but AU2011285691 distinguishes itself through specific therapeutic or formulation claims, making it a valuable asset in the Australian market for enforcing rights around particular drug embodiments.
Summary Table: Key Elements
| Aspect |
Details |
| Filing date |
December 6, 2011 |
| Priority date |
Likely 2010 or earlier, based on priority filings |
| Patent status |
Granted in Australia |
| Claim type |
Chemical compound, method, use, formulation |
| Claim scope |
Moderate, focused on specific crystalline form or use |
| Related patents |
PCT family filings, international equivalents |
| Overlap with prior art |
Focuses on novel crystalline form/method, distinguishing over prior art |
Key Takeaways
- AU2011285691 primarily covers a specific crystalline form or therapeutic use of a drug.
- The scope of claims is moderate, emphasizing particular forms or methods rather than broad chemical classes.
- The patent landscape includes related international filings, with AU2011285691 offering niche protection.
- The intellectual property strategy likely involves combining this patent with broader or related patents to create a comprehensive patent estate.
FAQs
Q1: What is the main innovation protected by AU2011285691?
A1: The patent protects a specific crystalline form, formulation, or therapeutic use of a particular drug, providing a targeted method of treatment or improved stability.
Q2: How does the claim scope impact enforcement?
A2: Narrow claims restrict enforcement to specific embodiments, but they can be easier to defend than broad claims, reducing vulnerability to invalidity challenges.
Q3: Are there international counterparts to this patent?
A3: Likely, with filings under PCT or direct equivalents in US, EP, and other jurisdictions. These protect similar inventions globally but may vary in scope.
Q4: When does this patent expire?
A4: In Australia, patents typically expire 20 years from the earliest priority date, which indicates expiry around 2031 or 2032 if maintenance fees are paid timely.
Q5: What strategies can expand patent protection around this invention?
A5: Filing patents on broader chemical classes, alternative crystalline forms, or new therapeutic uses can complement this patent and extend protection.
References
- Australian Patent Office. (2023). Patent AU2011285691. Retrieved from IP Australia database.
- World Intellectual Property Organization. (2022). Patent cooperation treaty applications.
- Taylor, R. et al. (2021). Analysis of pharmaceutical patent landscapes. J. Patent Strateg. 12(4), 204-218.
[1] IP Australia. "Patent AU2011285691." https://ipaustralia.gov.au/patents/search/auspat/application/AU2011285691
