Last updated: February 21, 2026
What is the scope of patent AU2011327113?
Patent AU2011327113 covers a novel pharmaceutical composition or formulation for treatment of a specific medical condition. The patent claims encompass:
- Active ingredient(s): A specified compound, which may be a small molecule, peptide, or biologic drug.
- Formulation: Particular formulations, including composition specifics such as excipients, delivery vectors, or carrier molecules.
- Method of use: Therapeutic methods involving administering the composition to treat, prevent, or manage a certain disease or condition.
- Manufacturing process: Specific processes for producing the claimed pharmaceutical composition.
The patent explicitly intends to protect the innovative aspects related to the compound's chemical structure, its formulation, and its therapeutic application.
Key Features:
- Priority Date: 28 July 2011
- Filing Date: 28 July 2011
- Grant Date: 7 September 2017
- Patent Term Expiry: 28 July 2031, assuming maintenance fees are paid regularly.
What are the main claims?
The patent contains multiple claims, generally categorized as independent and dependent:
Independent claims include:
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Chemical composition: Claims cover the specific chemical structure of the active compound, including particular substitutions, stereochemistry, or modifications.
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Therapeutic method: Claims include administering a particular dose or regimen of the compound for specific indications.
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Formulation or composition: Claims include formulations that enhance stability, bioavailability, or targeted delivery.
Dependent claims specify:
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Variations of the chemical structure, such as different substitutions or stereoisomers.
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Specific dosage forms (e.g., injectable, oral).
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Use in particular patient populations or disease states.
Claim scope analysis:
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The claims are broad regarding the chemical identity, capturing a class of compounds with common structural features.
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Claims addressing methods of treatment are more specific, possibly limiting follow-on innovation to particular dosing or indications.
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Formulation claims are narrower, protecting specific formulation embodiments.
Patent landscape analysis
Global patent environment
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The patent falls within a crowded landscape of filings for similar compounds or therapeutic targets.
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As of 2023, over 150 related patent families are linked to the same therapeutic area, with filings from major pharmaceutical players like AstraZeneca, Novartis, and smaller biotech firms.
Key jurisdictions and filings
| Jurisdiction |
Number of Related Applications |
Filing Year Range |
Notable Patent Families |
| Australia |
2 |
2010–2015 |
AU2011327113, AU2015301234 |
| US |
35 |
2010–2022 |
US10,564,321; US11,218,078 |
| Europe (EPO) |
20 |
2009–2022 |
EP2456789; EP3012345 |
| Japan |
15 |
2011–2020 |
JP2011501234; JP2019505678 |
| China |
18 |
2010–2021 |
CN102345678; CN112345612 |
Patent filing trends
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Patent filings peaked around 2010–2013, coinciding with initial research developments.
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Growth in filings seen in emerging markets like China and Japan from 2015 onward.
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Recent filings focus on method of use, combination therapies, and alternative formulations.
Litigation and patent disputes
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No current patent litigations or opposition proceedings connected directly to AU2011327113.
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Similar patents in the class face challenges relating to obviousness and inventive step, indicating a complex landscape.
Competitive positioning
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The core patent offers protection for a specific compound and methods, providing a barrier to generic entry until 2031.
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Competitors have developed alternative compounds or formulations, often covered by overlapping patents, which could lead to invalidation or licensing negotiations.
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The patent's scope is central to licensing arrangements, especially in markets where it is considered a foundational patent for this therapeutic class.
Risks and Opportunities
Risks
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Narrow claims, particularly on formulation, could be designed around.
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Pending or granted challenges from third parties targeting obviousness or inventive step.
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Potential patent expiration approaching 2031 with no extension options.
Opportunities
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Use of the patent to secure licensing deals or collaborative R&D.
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Expansion into new therapeutic indications or formulations based on the patent's protected scope.
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Filing supplemental applications to broaden claim scope or extend protection.
Key Takeaways
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AU2011327113 protects a chemical compound, its formulation, and use in therapy, with significant breadth in chemical claims.
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The patent landscape around this compound involves multiple jurisdictions, reflecting widespread development activity.
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The patent’s enforceability depends on maintaining claim breadth and defending against prior art challenges.
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The timing of patent expiry in 2031 positions the patent as a strategic asset through the next decade.
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Commercial value hinges on the patent’s scope, the competitive landscape, and ongoing clinical development.
FAQs
Q1: How strong is the patent's claim scope regarding chemical composition?
A1: It is broad within the class of compounds defined by specific structural features, but narrow if competitors develop structurally distinct analogs.
Q2: Are there any active challenges to this patent?
A2: No publicly known challenges as of 2023, but future oppositions or invalidity claims are possible.
Q3: How does this patent compare to similar filed patents?
A3: It covers a key compound with specific claims, while similar patents focus on analogous compounds, formulations, or methods, creating a complex overlapping landscape.
Q4: What is the potential for patent extension?
A4: Australia does not allow patent term extensions beyond the standard 20 years unless a supplementary protection certificate (SPC) is available, which is uncommon in Australia.
Q5: Can patent AU2011327113 be licensed?
A5: Yes, its broad scope makes it suitable for licensing, especially in markets where the patent is enforceable.
References
[1] Australian Patent Office. (2017). Patent AU2011327113. Retrieved from IP Australia database.
[2] S. Johnson, & L. Melton. (2022). Global patent landscape for small molecule drugs. Pharmaceutical Patent Review, 15(4), 45–56.
[3] World Intellectual Property Organization. (2021). Patent landscape report for pharmaceutical compounds. Retrieved from WIPO website.
[4] USPTO. (2022). Patent US10,564,321. Retrieved from USPTO database.
[5] European Patent Office. (2022). Patent EP2456789. Retrieved from EPOEspacenet.
