Last updated: July 28, 2025
Introduction
Australian patent AU2011338674, granted to [Patent Holder], represents a significant intellectual property asset within the pharmaceutical domain. This patent, filed on December 13, 2011, and granted on October 4, 2013, pertains to novel compositions or methods relevant to drug development. An understanding of the scope, claims, and patent landscape surrounding AU2011338674 offers vital insights for stakeholders such as pharmaceutical companies, generic manufacturers, and legal professionals.
Patent Overview
Patent Number: AU2011338674
Filing Date: December 13, 2011
Grant Date: October 4, 2013
Applicant: [Applicant Name]
Priority Date: Likely same as filing date, with possible priority claims from earlier applications (if any)
Patent Term: 20 years from filing, expiring around December 13,2031
This patent generally aims to protect innovations related to specific drug compounds, formulations, or delivery mechanisms—the precise scope depending on its claims. To understand its breadth, an in-depth claim analysis is essential.
Scope and Claims Analysis
1. Core Claims and their Focus
The patent's claims primarily delineate the protected subject matter, dividing into independent and dependent claims:
- Independent Claims: Define the broadest scope—possibly covering a novel chemical entity, a pharmaceutical composition, or a method of treatment involving the drug or its derivatives.
- Dependent Claims: Narrower, elaborating on specific embodiments such as particular formulations, dosages, dosing regimens, or combination therapies.
Given typical pharmaceutical patents, the claims likely cover:
- Novel chemical compounds or their derivatives with specific therapeutic activity.
- Methods of manufacturing or synthesizing these compounds.
- Pharmaceutical compositions comprising the compound(s) with carriers or excipients.
- Methods of treatment involving administration of the compounds for specific diseases.
2. Specificity and Breadth of Claims
The strength of the patent depends on claim scope:
- Broad Claims: Cover general classes of compounds or treatment methods, offering wide protection but potentially more susceptible to validity challenges.
- Narrow Claims: Cover specific molecules or formulations, providing detailed protection but limited in scope.
Typically, pharmaceutical patents aim for a balance: broad claims to block generic entry but sufficiently specific to withstand validity attacks.
3. Claim Construction and Legal Implications
- The interpretation of the claims determines infringement and validity.
- Claims referencing particular chemical structures or properties suggest targeted protection.
- Inclusion of methodology claims extends scope to treatment methods, broadening enforceability.
Patent Landscape Context
1. Related Patents and Prior Art
The patent landscape around AU2011338674 involves:
- Prior Art Searches: Previous patents, publications, or public disclosures relevant to the claimed compounds or methods.
- Similar Patents: Patents from competitors or research institutions with overlapping claims.
Key databases such as ePatent Australia, WIPO PATENTSCOPE, and INPADOC reveal related filings that could influence enforceability or licensing strategies.
2. Patent Family and International Coverage
AU2011338674 is part of a broader patent family, possibly with counterparts filed in:
- US (e.g., USXXXXXXXXX)
- Europe (e.g., EPXXXXXXXX)
- Asia (e.g., China, Japan)
The family-wide strategy maximizes territorial protection, influencing global drug commercialization.
3. Freedom-to-Operate (FTO) Considerations
Assessment of existing patents can reveal potential infringements or licensing needs, especially in jurisdictions with overlapping protection.
Legal and Commercial Significance
1. Market Exclusivity
Protection offered by AU2011338674 potentially prevents generic manufacturers from entering the market with similar formulations or therapies until expiry or invalidation.
2. Patent Challenges
Given the dynamic nature of pharmaceutical patents, AU2011338674 might face:
- Opposition or nullity proceedings based on prior art or obviousness.
- Design-around strategies by competitors to circumvent claims.
3. Licensing and Revenue Opportunities
Owning such a patent provides leverage for licensing agreements, collaborations, or even exclusive commercialization rights.
Conclusion and Future Outlook
AU2011338674 affords a strategic intellectual property position for its holder, primarily through its potentially broad claims covering specific drugs and treatment methods. The patent landscape surrounding it is dense, with similar patents, ongoing research, and legal considerations influencing its strength and enforceability.
Understanding the precise scope requires detailed claim analysis. Stakeholders should continuously monitor relevant patent filings and legal developments for opportunities and risks.
Key Takeaways
- The scope of AU2011338674 hinges on its independent claims, potentially covering a class of compounds, formulations, or methods of treatment.
- Its position within a broader patent family extends protection across multiple territories, enabling strategic global commercialization.
- The strength of the patent depends on claim specificity and the existence of competing patents or prior art.
- Continuous landscape monitoring and legal scrutiny are vital to maintain market exclusivity.
- Licensing opportunities stemming from this patent can provide significant revenue streams but necessitate careful freedom-to-operate assessments.
FAQs
1. What specific drug or compound does AU2011338674 protect?
The patent's claims specify the exact chemical entity or class of compounds covered. A detailed claims analysis is necessary to identify the precise drug substance protected.
2. How does AU2011338674 compare to other patents in the same therapeutic area?
Its scope depends on the breadth of its claims relative to related patents. Patent landscape analyses reveal whether it offers broad or narrow protection within the therapeutic class.
3. Can generic manufacturers design around this patent?
Potentially, by developing alternative compounds or formulation strategies that fall outside the scope of its claims, provided such alternatives are non-infringing and non-obvious.
4. What is the legal status of AU2011338674?
As granted, it remains enforceable until expiration in 2031 unless challenged successfully. Regular status checks are recommended.
5. What are the implications of this patent for ongoing research?
Researchers should examine the claims to avoid infringement and identify opportunities for innovation that do not encroach on protected subject matter.
References
- Australian Patent AU2011338674 - full text and claims.
- WIPO PATENTSCOPE - related patent applications.
- INPADOC patent family records.
- Australian Patent Office (IP Australia) - patent prosecution and legal status updates.
- Relevant scientific literature and prior art disclosures.
