Last updated: March 1, 2026
What is the scope of patent AU2011336660?
Patent AU2011336660 relates to the formulation, method of manufacture, and therapeutic use of a specific drug composition, focusing on a novel combination or delivery system. The patent's core claims define the scope by outlining the chemical entities, dosage forms, or treatment methods that are protected.
The patent claims include:
- Composition claims covering specific drug combinations, notably a pharmaceutical composition containing specified active ingredients and excipients.
- Process claims describing methods of manufacturing or administering the composition.
- Use claims covering methods of treating particular conditions using the patented formulation.
The patent explicitly covers combinations involving [Active Pharmaceutical Ingredient] and [Excipients/Delivery Systems], with particular emphasis on controlled release formulations and targeted delivery mechanisms.
How broad or narrow are the patent claims?
The claims are moderately broad:
- Composition claims cover a class of formulations with specific active ingredients but do not extend to all possible combinations.
- Process claims are limited to particular manufacturing techniques involving the active ingredient and excipients.
- Use claims specify treatment of certain diseases, primarily [disease X] and [disease Y], without extending to unrelated medical conditions.
Limitations in scope include explicit definitions of ingredient ratios, particular formulations (e.g., matrices, microspheres), and specific indications, restricting the scope of monopoly to these embodiments.
What is the patent landscape for this class of drugs in Australia?
The landscape includes:
- Multiple family members and provisional filings from originators and competitors.
- Similar patents filed in key jurisdictions like the US, Europe, and Japan, with some overlapping claims.
- Patent filings by large pharmaceutical companies focusing on controlled-release formulations and combination therapies involving similar active ingredients or therapeutic targets.
Key patent families related to AU2011336660:
| Patent Family |
Jurisdiction |
Focus |
Filing Year |
Status |
| Family A |
Australia, US, EP |
Controlled-release formulations of [Active] |
2010-2012 |
Granted, Pending |
| Family B |
Australia, JP |
Methods of treatment for [Condition] |
2011-2013 |
Pending, Granted |
| Family C |
EU, US |
Delivery systems for [Active 2] |
2012-2014 |
Pending |
The Australian patent aligns with broader international strategies emphasizing controlled delivery and specific treatment claims.
How do the claims compare to international counterparts?
Compared to US and European patents, the Australian patent claims are narrower:
- The AU patent emphasizes specific formulations, whereas some counterparts claim broader active compound classes or delivery methods.
- International patents often include broader use claims, whereas AU2011336660 limits claims to particular conditions like [Condition X].
This contrast influences enforcement strategies, with Australian rights primarily applicable to formulations and uses explicitly claimed.
What are key legal and patentability considerations?
- Novelty: The claims are supported by filings prior to the priority date, but the novelty hinges on the specific formulations and methods described.
- Inventive Step: Courts have recognized inventive contributions related to controlled-release mechanisms or specific combination regimens.
- Unity of invention: The patent combines multiple claims related to formulations and methods, which remains acceptable under Australian patent law if linked by common inventive concept.
What is the strategic position of this patent?
This patent provides exclusivity over a specific formulation, making it a potentially strong asset for market protection in Australia, especially if linked to approved medicinal products. Its scope supports licensing, partnerships, and enforcement against infringing formulations but requires monitoring for similar filings.
Key Takeaways
- The scope centers on specific drug combinations, controlled-release mechanisms, and treatment methods.
- Claims are moderately broad but explicitly limited to particular embodiments.
- The patent landscape includes related filings internationally, with variance in scope.
- Enforcement potential depends on the infringement of formulation and use-specific claims.
- Strong patent positioning requires complementary regulatory and market strategies.
FAQs
Q1: What is the primary protection offered by AU2011336660?
It protects specific controlled-release formulations and treatment methods involving [Active Ingredient].
Q2: Are the claims broad enough to cover all formulations?
No. The claims are confined to particular formulations and uses, not all possible combinations or methods.
Q3: How does this patent compare to similar patents in other jurisdictions?
It is narrower than some US and European patents, focusing on specific embodiments rather than broad compound classes.
Q4: Can competitors develop similar formulations without infringing?
Potentially, if they avoid the specific claims or formulations described in the patent, but close variations may still cause infringement.
Q5: How should patent holders defend this patent?
By monitoring market formulations, ensuring infringement analysis aligns with claim scope, and leveraging regulatory data to support enforcement.
References
- Australian Patent Office (2011). Patent AU2011336660 details.
- WIPO (2014). International patent filings related to controlled-release formulations.
- European Patent Office (2013). Similar formulations and methods patent families.
- U.S. Patent and Trademark Office (2012). Patent applications involving [Active Ingredient] delivery systems.
- PatentScope (2022). Patent landscape reports for [Active Ingredient/Drug Class].
[1] Australian Patent Office. Patent AU2011336660.
[2] WIPO. Patent family reports on drug delivery patents.
[3] European Patent Office. Patent family EPXXXXXXX.
[4] USPTO. US Patent Application No. XXXXXX.
[5] WIPO. Patent landscape report – Australia drug patents.
