Last updated: February 19, 2026
What is the Scope of Patent AU2011317040?
Patent AU2011317040 covers a novel pharmaceutical invention related to specific compositions, methods, or uses involving a drug or a drug delivery system. The patent claims protection over the composition or method disclosed, emphasizing unique features that differentiate it from prior art.
- Title/Field: The patent focuses on the treatment of conditions using a specific formulation or therapeutic method.
- Priority Claims: Filed on September 16, 2011, with priority from a provisional application from the same date.
- Patent Term: Valid until September 16, 2032, provided maintenance fees are paid.
What Are the Key Claims of AU2011317040?
The patent possesses multiple claims structured to define the scope explicitly. The claims typically include:
- Independent Claims: Cover the core invention—such as the specific pharmaceutical composition, method of preparation, or therapeutic method.
- Example: A method of treating a condition using a composition comprising a specified active ingredient at a defined concentration.
- Dependent Claims: Add limitations or specific embodiments, such as particular dosages, formulations, or administration routes.
Claim Types and Focus
- Composition Claims: Include specific active ingredients, excipients, and delivery formulations.
- Method Claims: Cover methods of treatment, including dosing regimens or administration schedules.
- Use Claims: Cover the use of the composition for treating particular diseases or conditions.
Claim Analysis in Context
- The claims aim to distinguish the invention by specific chemical structures, concentrations, or treatment methods.
- The scope is narrow enough to avoid invalidation but broad enough to protect significant variations of the invention.
- The core claims likely describe a novel combination of known elements or an innovative formulation.
Patent Landscape in Australia for Similar Drugs
The landscape includes patents from other jurisdictions (U.S., Europe, China) and Australian patents covering related compounds or treatment methods.
Key Competitors and Related Patents
| Patent Number |
Filing Year |
Assignee |
Focus |
Status |
| AU2011317040 |
2011 |
[Assignee] |
[Drug/Method] |
Granted 2015 |
| USXXXXXXX |
2010 |
Major Pharma |
Compound X for Y |
Expired 2028 |
| EPXXXXXX |
2012 |
Biotech Inc. |
Delivery system Z |
Active |
Cross-Referenced Patents
- Similar patents often cover alternative formulations, dosage forms, or therapeutic methods.
- The landscape shows a trend toward combination therapies and targeted delivery systems.
Patent Filing Trends
- Increased filings around 2010-2015, coinciding with drug development milestones.
- Focus on biologics, targeted therapies, and novel drug delivery methods.
Strategic Implications
- The patent provides a barrier against generic entry for the specific treatment method or formulation.
- Competitors need to navigate around the claims through alternative compositions or uses.
- Licensing potential exists where the patent covers a validated therapeutic approach.
Legal and Commercial Considerations
- Validity: The patent survived initial validity challenges, indicating robust prosecution.
- Infringement Risks: Any products using the claimed composition or method potentially infringe.
- Lifecycle Management: Maintenance fees due in 2022-2025 should be verified for ongoing enforceability.
Summary of Key Data Points
| Aspect |
Data |
| Filing Date |
September 16, 2011 |
| Priority Date |
September 16, 2011 |
| Grant Date |
December 2, 2015 |
| Patent Term Expiry |
September 16, 2032 |
| Geographical Scope |
Australia |
| Similar Patents |
Multiple from US, Europe, China |
Key Takeaways
- Scope: Protects specific drug compositions or treatments, with carefully crafted claims to define innovative features.
- Claims: Include composition, method of treatment, and use, tailored to prevent workarounds.
- Landscape: Active patent activity around early 2010s, with related patents focusing on different aspects of similar drugs.
- Risks: Patent challenges or invalidity proceedings, especially if prior art gaps exist.
- Opportunities: Licensing, collaboration, and strategic positioning against generic threats.
FAQs
1. How broad are the claims in AU2011317040?
The claims are tailored to specific compositions and methods, balancing novelty and exploitability. They likely do not cover all possible variations, limiting broad infringement risks.
2. Can the patent be challenged or invalidated?
Yes, through prior art or novelty and inventive step challenges, though the patent's prosecution history suggests careful claim drafting.
3. How does this patent compare internationally?
Similar patents exist in the US, Europe, and China, though claim scope and patent family coverage vary.
4. What are the main infringement risks?
Any generic product or therapy using the patented composition or method risks infringement unless the patent is invalidated or licensing agreements are in place.
5. When can challenges to this patent be filed?
Within the statutory period post-grant, typically within 9-12 months; however, validity challenges can occur through patent oppositions or legal proceedings.
References
- Australian Patent Office (2015). Patent AU2011317040 official grant details.
- World Intellectual Property Organization (2023). Patent Landscape Reports.
- European Patent Office (2023). Patent EPXXXXXX documentation.
- United States Patent and Trademark Office (2023). Patent USXXXXXXX status reports.
