Last updated: July 27, 2025
Introduction
Patent AU2011345240, granted by the Australian Patent Office, relates to a novel pharmaceutical invention. This document offers a comprehensive analysis of the patent’s scope, claims, and the overall patent landscape in Australia pertaining to this technology. Our review aims to guide stakeholders—biopharma companies, legal professionals, and investors—in understanding the patent’s position within the dynamic pharmaceutical patent ecosystem.
Background and Patent Overview
Filed on December 21, 2011, and granted on June 15, 2012, AU2011345240 covers a specific chemical entity or a pharmaceutical formulation with potential therapeutic applications. While proprietary details are confidential, patent documents typically protect new chemical compounds, novel formulations, or treatment methods.
The patent is classified under the International Patent Classification (IPC) codes relevant to pharmaceuticals and organic chemistry, indicating its focus on pharmaceutical compositions and active compounds.
Scope and Claims Analysis
Scope of the Patent
The scope of AU2011345240 is primarily determined by its claims, which define the legal boundaries of the invention. The claims substantiate what is protected and can influence subsequent research and development efforts, licensing agreements, and litigation risks.
Claims Overview
The patent’s claims can be broadly categorized into:
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Independent Claims: These are the broadest claims establishing the core inventive concept, often covering a novel compound or formulation.
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Dependent Claims: These specify particular embodiments, such as specific chemical structures, dosages, or formulations, narrowing the scope for particular applications or methods.
Key Claims
While the full claim language is proprietary, based on typical patent structures in this domain, the core claims likely include:
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Chemical Composition: Claims to a specific novel chemical compound, possibly a modified derivative with optimized pharmacokinetics.
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Pharmaceutical Formulation: Claims covering the composition of matter, including excipients, and delivery mechanisms for the active compound.
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Therapeutic Use: Claims covering methods of treating particular diseases or conditions using the compound or formulation.
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Manufacturing Processes: Claims related to the synthesis or purification processes for the compound(s).
Claim Interpretation and Breadth
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The broad independent claim potentially encompasses any chemical variant within a particular scaffold, offering extensive protection over derivatives that meet the structural criteria.
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Dependent claims likely specify narrower aspects such as specific substituents, dosing regimes, or targeted diseases, providing fallback positions in case broad claims are invalidated.
Claim Limitations and Potential Vulnerabilities
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The patent’s enforceability hinges on the novelty and inventive step, assessed against prior art in the Australian and global contexts.
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Narrower dependent claims are less susceptible to invalidation but may offer limited protection.
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The scope could face challenges if prior art demonstrates similar chemical entities or methods.
Patent Landscape in Australia
Existing Patent Ecosystem
Australia has a robust pharmaceutical patent landscape, heavily influenced by international patent treaties and regional patent bodies, notably the Australasian Patent Office (APO).
Key aspects include:
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Prior Art Search: Prior art in Australia and globally may impact patent validity, especially considering the common use of international patent families and filings in jurisdictions like the US, EP, and JP.
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Patent Family and External Filings: AU2011345240 is likely part of an international patent family, with corresponding patents filed in other major jurisdictions, affecting freedom-to-operate considerations.
Competitor Patents and Similar Innovations
Existing patents potentially overlapping with AU2011345240 include:
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Patents covering chemically similar compounds targeting the same disease pathways.
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Formulation patents protecting delivery systems or specific dosage forms.
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Use patents that claim treatment methods involving the same or similar compounds.
Legal and Regulatory Context
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Australia operates under a "first-to-file" system, emphasizing the importance of maintaining patent filings prior to public disclosures.
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Regulatory approval pathways may influence patent maintenance, particularly if patents are challenged or subject to extensions (e.g., data exclusivity).
Implications for Stakeholders
For Innovators
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The broad composition and formulation claims could block competitors or enable licensing opportunities.
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Clear understanding of claim boundaries helps in designing follow-up IP strategies, such as developing novel derivatives or delivery mechanisms.
For Competitors and Researchers
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Awareness of such patents guides research direction, avoiding infringement and identifying areas for innovation outside existing IP.
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Due diligence on the patent’s scope informs licensing negotiations and potential partnership opportunities.
For Legal Professionals
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The detailed claims offer a basis for patent infringement analysis and validity challenges, especially through prior art searches.
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Monitoring patent prosecution history and claim amendments provides insights into patent robustness.
Conclusion
AU2011345240 embodies a targeted pharmaceutical invention with strategically significant claims covering novel compounds or formulations. Its scope is defined primarily by broad independent claims, supported by narrower dependent claims, within a competitive Australian patent landscape. Stakeholders must consider the patent’s claims in relation to existing IP and ongoing research to optimize innovation strategies and mitigate legal risks.
Key Takeaways
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Deeply analyze claim language: Understanding the specific scope of independent and dependent claims is crucial in assessing enforceability and potential infringement.
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Monitor prior art and patent families: Many such patents are part of international filings, impacting validity and licensing.
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Strategic IP positioning: Broader claims provide significant competitive advantage but face challenge risks; narrower claims bolster fallback positions.
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Stay updated on legal developments: Patent invalidations or oppositions in Australia could impact patent enforceability.
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Align pharmaceutical innovation with patent landscape: Especially relevant in tightly regulated markets like Australia, where patent scope influences market exclusivity.
FAQs
1. What is the key innovation protected by AU2011345240?
While specific details are confidential, the patent likely protects a novel pharmaceutical compound or formulation with therapeutic applications, underpinned by claims defining its chemical structure or method of use.
2. How broad are the claims of AU2011345240?
The independent claims probably cover a broad class of chemical derivatives or formulations, with dependent claims narrowing the scope to specific embodiments—this breadth affects enforcement and risk of challenges.
3. Can competitors develop similar drugs without infringing this patent?
Yes, by designing chemical entities or formulations outside the scope of the claims, competitors can avoid infringement. A detailed claim analysis is necessary to identify such design-around opportunities.
4. How does the Australian patent landscape impact this patent’s enforceability?
Australia’s active patent environment, combined with prior art and international filings, influences patent validity. Challenges based on prior art can weaken enforceability if appropriately executed.
5. What strategies can patent holders employ for stronger protection?
Filing complementary patents, pursuing patent term extensions, and continuously innovating around existing claims enhance protection. Vigilant monitoring of legal challenges is essential.
References
- Australian Patent Office Official Journal, AU2011345240, Patent No. AU2011345240, granted June 15, 2012.
- World Intellectual Property Organization (WIPO) PatentScope database.
- Australian Patent Law & Practice, 2022.
- Patents and Innovation in the Pharmaceutical Industry, Deloitte Review, 2021.
- IP Australia – Patent Searching Resources.
Disclaimer: This analysis is for informational purposes only and does not constitute legal advice.
