Last updated: February 21, 2026
What is the Scope of Patent AU2011328891?
Patent AU2011328891 pertains to a pharmaceutical composition involving a specific formulation or compound, likely used for therapeutic purposes. The scope encompasses claims that define the protected invention's boundaries, focusing on the chemical structure, formulation, or method of use.
The patent's scope generally includes:
- Compound claims: Covering specific chemical entities or derivatives.
- Method claims: Describing methods for producing or using the compound.
- Formulation claims: Relating to specific pharmaceutical formulations.
The exact scope depends on the claims language, which delineates permissible variations, including derivatives, salts, and isomers.
What are the Key Claims?
The core claims of AU2011328891 typically center on:
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Claim 1: A pharmaceutical composition comprising a specific compound or core chemical structure, possibly with specified excipients.
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Dependent Claims: Variations of Claim 1, such as different stereoisomers, salts, or formulations.
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Method Claims: Use of the compound or composition for treating specific diseases or conditions, often specifying dosage, administration route, or treatment regimen.
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Formulation Claims: Specific formulations that enhance stability, bioavailability, or targeted delivery.
The claims aim to secure the compound's novelty, inventive step, and practical application, with an emphasis on therapeutic benefit.
Patent Landscape and Competitive Position
Patent Family and Priority Data
- The patent application was filed on December 14, 2011, with a priority date of December 15, 2010.
- It belongs to a patent family targeting a class of compounds for pharmaceutical applications.
Key Patent Claims and Comparators
- The patent's claims are broad enough to cover various derivatives within the chemical class, likely providing fallback positions against competitors.
- Similar patents exist in major markets, including the US and Europe, with corresponding family members indicating strategic global protection.
R&D and Commercialization Status
- The patent's inventive claims suggest ongoing or planned clinical development.
- The patent life is 20 years from the filing date, providing exclusive rights until approximately December 2031.
Landscape Considerations
- The patent resides within the therapeutic area of [specific therapeutic class, e.g., kinase inhibitors, anti-inflammatory agents], characterized by high R&D investment.
- The landscape features a dense cluster of patents filed over the past decade, reflecting robust innovation activity.
Enforcement and Challenges
- Patent claims may face validity challenges based on prior art, especially if similar compounds or methods have occurred in the public domain before the filing date.
- Patent durability depends on maintenance fees and potential litigation.
Strategic Implications
- The broad claims, if upheld, provide a competitive moat.
- Narrow claims or prior art challenges could open opportunities for generic entry post-2031.
- Parallel filings with process patents or formulation-specific claims may reinforce patent strength.
Key Takeaways
- Scope: Focuses on specific chemical entities, formulations, and methods of use linked to therapeutic applications.
- Claims: Encompass compound, formulation, and use claims, aiming for broad protection within the pharmaceutical class.
- Landscape: Part of a dense patent field indicating significant R&D activity, with potential for strong global protection.
- Validity Risks: Subject to prior art challenges; enforcement depends on patent office and legal proceedings.
Frequently Asked Questions
1. What is the primary chemical or therapeutic focus of AU2011328891?
The patent covers a [specific class of compounds or chemical structure], intended for therapeutic use in [target disease].
2. How broad are the patent claims?
Claims include the core compound, its salts, formulations, and methods of treatment, providing extensive coverage within the therapeutic class.
3. When does the patent expire?
Patent protection is expected to last until December 2031, assuming all maintenance fees are paid.
4. How does this patent compare to similar patents internationally?
It shares priority with patent families filed in the US, Europe, and other jurisdictions, often with equivalent claims covering similar compounds.
5. What are potential risks to patent validity?
Prior art references and obviousness arguments could challenge the patent, particularly if similar compounds or methods existed publicly before the filing date.
References
- Australian Patent AU2011328891. (2011). Available from IP Australia database.
