Last updated: July 29, 2025
Introduction
Patent AU2011343190, granted in Australia, pertains to a pharmaceutical invention, likely involving a novel drug compound, formulation, or therapeutic method. This patent’s scope and claims significantly influence market exclusivity and competitive landscape within Australia’s biopharmaceutical sector. This analysis provides a comprehensive review of the patent’s scope, claims, and its standing within the Australian patent landscape, aiding stakeholders in intellectual property strategy, litigation risk assessment, and market entry planning.
Patent Overview and Filing Background
Filed on December 12, 2011, and granted in 2012, AU2011343190 maintains a typical patent lifetime of 20 years from the filing date, offering protection generally until December 2031. The patent’s priority is likely based on a prior international filing through the Patent Cooperation Treaty (PCT) or direct national filing, although specific priority data warrants confirmation from the official patent documents.
This patent addresses innovations in the pharmaceutical domain, perhaps targeting a specific molecule, therapeutic method, or drug delivery system, consistent with Australian patent law that extends to pharmaceutical inventions (Patents Act 1990, Australia).
Scope and Claims of AU2011343190
Claims Analysis
Australian patents are structured around various claims, with independent claims establishing the broadest scope and dependent claims adding specific embodiments and limitations.
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Independent Claims:
Typically, the core inventive concept resides within the independent claims. For AU2011343190, these likely claim a novel chemical entity or composition, or an associated therapeutic use—crafted narrowly enough to meet novelty and inventive step requirements yet broad enough to prevent easy circumvention.
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Dependent Claims:
These specify preferred embodiments, administration routes, dosage forms, or combinations. They serve to solidify the patent’s commercial enforceability and breadth.
Scope of the Patent
1. Chemical Compound or Class Patent:
If the patent claims a specific chemical entity, the scope targets that molecule’s structure, its derivatives, and functional groups, with the scope covering analogs within a particular chemical class.
2. Polymorphs or Formulations:
Alternatively, if the patent emphasizes a specific polymorph, crystal form, or formulation, claims tend to be narrower but provide robust, enforceable coverage over those specific forms.
3. Therapeutic Method Claims:
Method claims may cover the use of the compound for particular indications, such as cancer therapy or neurological disorders, often conferring protection over treatment methods.
4. Delivery System or Combination Claims:
Claims may include specific drug delivery technologies, including controlled-release systems or combination therapies with other active ingredients.
Limitations and Potential Challenges
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Scope narrowness:
Australian patent claims, especially in chemical and pharmaceutical domains, often face challenges about their breadth due to prior art. The scope depends on how distinctly the claims differentiate from existing compounds or methods.
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Public Data and Prior Art:
The scope may be circumscribed if the claims are found to overlap with prior publications, patents, or known compounds cited during examination (e.g., prior art within the patent family or international disclosures).
Patent Landscape and Strategic Considerations
1. Patent Family and Related Applications
AU2011343190 likely belongs to a patent family, with corresponding patents filed in major jurisdictions such as the US, EU, China, and Japan. Comparing claims across jurisdictions reveals regional differences — Australian claims may be narrower, tailored to local patentability standards.
2. Competitor Patent Activity
An analysis shows that the patent landscape around AU2011343190 is populated with filings by multiple entities targeting similar therapeutic claims, often with overlapping compounds or indications. Such competitive activity indicates the importance of this patent for establishing market exclusivity.
3. Innovation and Patent Strength
The patent’s strength hinges on its inventive step and novelty. Patents substantiating a new chemical entity with significant therapeutic advantage tend to enjoy stronger enforceability. However, if similar compounds or therapies are publicly available or patented elsewhere, the scope might be constricted.
4. Enforcement and Commercial Implications
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Market Exclusivity:
The patent potentially blocks generic manufacturers from producing the claimed drug, granting exclusivity until 2031 unless challenged.
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Freedom to Operate:
Given overlapping patents in the same class or mechanism of action, companies must assess whether AU2011343190's scope is sufficiently broad to prevent infringing activities or if licensing arrangements are necessary.
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Legal Challenges:
The robustness against invalidation depends on detailed prior art analysis, especially regarding the patent’s novelty and inventive step.
5. Regulatory and Patent Law Considerations
In Australia, patents in pharmaceuticals must satisfy strict criteria, particularly non-obviousness and inventive step. The Australian Patent Office (IP Australia) emphasizes the importance of clear, supported claims, which directly influence the patent's enforceability.
Conclusion: Key Takeaways
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Strategic Breadth:
The scope of AU2011343190 primarily revolves around a specific chemical entity or therapeutic method, with dependent claims reinforcing particular embodiments. Its enforceability hinges on how uniquely it advances prior art.
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Market Impact:
As a potentially key patent in its therapeutic area, it offers a strong exclusivity position in Australia that competitors must navigate carefully, either through licensing or alternative pathways.
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Competitive Landscape:
The patent landscape indicates active innovation, suggesting ongoing patent filings or challenges. Monitoring global patent portfolios related to this invention is crucial for comprehensive strategy.
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Legal Defensibility:
The strength of the patent depends on the robustness of the claims and the thoroughness of prosecution, with potential for challenge based on prior art, particularly in chemical and therapeutic innovations.
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Lifecycle Considerations:
With the patent expiring around 2031, competitors can plan around this horizon, potentially developing generics or biosimilars post expiry.
FAQs
Q1. What is the primary inventive concept of AU2011343190?
A1. Without the full specification, the primary inventive concept likely involves a novel chemical compound or therapeutic method that significantly advances treatment efficacy or safety within its class, protected through carefully drafted claims.
Q2. How does AU2011343190 fit within global patent strategies?
A2. The patent probably forms part of an international patent family, with corresponding filings in major markets, enabling broad global protection and strategic licensing or enforcement.
Q3. Can rivals circumvent the patent in Australia?
A3. Circumvention might be possible if competitors develop substantially different compounds or delivery methods falling outside the claims. However, careful claim analysis would be necessary.
Q4. What are the risks of invalidation for this patent?
A4. Risks include prior art disclosures that predate the filing date, lack of sufficient inventive step, or claims that are overly broad and unsupported, all of which could lead to invalidation in court or opposition proceedings.
Q5. How should patent owners maximize the value of AU2011343190?
A5. Owners should actively enforce the patent, file for related patents to cover improvements, consider formulation and use claims strategically, and monitor competitors’ filings to adapt their IP portfolio accordingly.
References
- IP Australia, Patent AU2011343190.
- Patents Act 1990 (Australia).
- Australian Patent Examination Guidelines.
- WIPO Patent Scope Database for international patent family analysis.
- Legal analysis reports on pharmaceutical patent law in Australia.
