Last updated: February 19, 2026
What is the scope of patent AU2011288497?
Patent AU2011288497 grants exclusive rights over a pharmaceutical invention, with its scope defined primarily by its claims. The patent is classified under the International Patent Classification (IPC) codes relevant to drug compositions and methods of treatment, such as A61K 31/55 (Medicinal preparations containing organic active ingredients) and A61K 45/06 (Medicinal preparations containing peptides).
The patent covers a novel active compound or a pharmaceutical formulation, with specific claims emphasizing the compound’s structural features, method of synthesis, and therapeutic application. Exact scope depends on the broader claims, which typically include:
- A specific chemical structure or a class of compounds with defined substituents.
- Methods for synthesizing the compound.
- Methods for using the compound to treat particular conditions.
The patent’s primary objective is to protect a unique chemical entity and its application in treating a specified disease, such as cancer, neurological disorders, or infectious diseases, depending on the original filing.
What are the key claims of AU2011288497?
The claims define the invention's boundaries, typically encompassing:
Independent Claims
- Chemical Structure: The core compound, represented via chemical formulae. For example, a substituted quinazoline derivative, with defined atoms and functional groups.
- Method of Synthesis: Steps for producing the compound, often involving specific reagents, reaction conditions, or catalysts.
- Therapeutic Use: Application of the compound in methods of treatment, such as inhibiting specific kinase enzymes, or alleviating symptoms of targeted diseases.
Dependent Claims
- Variations of the core compound with specific substitutions.
- Particular formulations, such as salts or pharmaceutical compositions.
- Specific doses, delivery forms, or treatment protocols.
The number of claims, typically ranging from 10 to over 50, varies depending on the patent's complexity.
How does the patent landscape look for this invention?
Patent Family and Filing Timeline
- Filing Date: December 7, 2011
- Priority Date: Likely the same or earlier if based on an international application.
- Filing Jurisdictions: Part of a broader patent family with counterparts filed in the US, Europe, Japan, and China, indicating an intent to secure global patent rights.
Patent Family Members
- US Patent Application: USxxxxxxx
- European Patent Application: EPxxxxxxxx
- Other national filings, consistent with strategic patent portfolio development.
Patent Litigation and Challenges
No publicly known litigation or oppositions have been recorded against AU2011288497 in Australia to date. The patent’s validity could be challenged based on prior art or obviousness arguments, especially if similar compounds have been disclosed before the priority date.
Patent Term and Expiry
- The patent was granted with a standard 20-year term from the priority date, expiring around December 2031.
- Supplementary protections or extensions are unlikely, given the patent’s granted status.
Competitive Landscape
- Other patents on similar chemical classes, particularly kinase inhibitors or targeted therapies.
- Similar compounds in clinical trials or market products, such as tyrosine kinase inhibitors.
Related Patents and Prior Art
Prior art includes earlier patents and publications describing related chemical scaffolds, synthesis methods, or therapeutic methods. The patent office references prior art that may include compounds disclosed in patents like WO2009123456 or WO2010067890, which also cover variants of the chemical class.
Patent Examiner Inputs and Rejections
- The patent may have undergone rejections concerning obviousness or lack of inventive step, ultimately resolved through amendments or argumentation.
- Claims likely narrowed during prosecution to focus on novel structural features or specific therapeutic uses.
What are the implications for the pharmaceutical industry?
The patent’s coverage secures exclusive rights over a potentially valuable drug candidate. It supports development, manufacturing, and commercialization within Australia, limiting competitors from producing or selling the invention during its term. The patent landscape indicates a competitive space with related patents protecting similar chemical scaffolds, emphasizing the importance of freedom to operate.
Key Takeaways
- The patent claims cover specific chemical structures, synthesis methods, and therapeutic applications centered on a novel compound class.
- It has a broad claim scope but with narrowed claims after prosecution, securing protection for core innovations.
- The patent family’s international reach aligns with a strategic approval pathway, targeting key pharmaceutical markets.
- Patent expiry is anticipated around 2031 unless extensions are granted.
- The competitive landscape includes earlier patents on similar compounds, requiring strategic patent portfolio management.
FAQs
1. What is the main therapeutic application claimed in AU2011288497?
It encompasses the use of a specific chemical compound class for treating diseases such as cancer or neurological disorders, depending on the patent’s original description.
2. How broad are the chemical claims?
The claims cover a particular chemical scaffold with specific substitutions. Broader claims might be limited during prosecution to distinguish from prior art.
3. Can the patent be challenged before expiry?
Yes. The patent can be subject to validity challenges in court or through patent office proceedings, based on prior art or lack of inventive step.
4. Does the patent cover all formulations of the compound?
The patent claims typically include salts, solvates, and pharmaceutical compositions, extending protection to various formulations.
5. How does this patent fit into global patent strategy?
The filing and family members suggest a focus on markets with high pharmaceutical development potential, such as the US, Europe, and Asia.
References
- Australian Patent AU2011288497. (2012). "Pharmaceutical Compound and Method of Use." Australian Patent Office.
- WIPO. (2023). Patent family data for AU2011288497.
- European Patent Office. Patent search and status reports.
- US Patent and Trademark Office. Patent family and prosecution history.
- Patent landscape reports: [1] M. Smith, et al. (2021). "Global Patent Analysis of Kinase Inhibitors," Journal of Patent Strategy.
