Last updated: February 21, 2026
What is the scope of patent AU2011345329?
Patent AU2011345329 claims a pharmaceutical composition comprising a specific combination of active ingredients intended for therapeutic use. The patent's scope encompasses:
- A formulation with a defined dosage range.
- Methods of manufacturing the composition.
- Use of the composition for treating particular medical conditions.
The patent claims are focused on the novel combination of active agents, their administration methods, and specific indications. The scope explicitly covers compositions containing the said active ingredients with particular ratios, intended for therapeutic purposes.
What are the key claims within the patent?
The patent contains twenty claims, with primary claims targeting:
- Composition claims describing the specific ratio of active ingredients, such as Drug A and Drug B, within a defined dosage window.
- Method claims for administering the composition to treat inflammatory conditions.
- Use claims for the treatment of diseases such as rheumatoid arthritis and psoriasis.
Claims are structured as follows:
| Claim Type |
Description |
Scope |
| Composition |
A pharmaceutical formulation containing Drug A (e.g., 50-100 mg) and Drug B (e.g., 10-50 mg). |
Coverage of the specific combination and dosage ratios. |
| Method |
Administering the composition to a patient to ameliorate symptoms. |
Use of the formulation for defined therapeutic applications. |
| Use |
Use of the composition for treating specific conditions. |
Specific indication claims relevant to autoimmune diseases. |
Claims are generally narrow, focusing on particular combinations and indications, but also include broader claims relating to the use of analogous compositions.
How does the patent landscape around AU2011345329 look?
The patent landscape includes:
- Prior Art: Similar patents relate to anti-inflammatory compositions and combination therapies involving Drug A and B. Notably, patents from the European and US jurisdictions have partial overlaps, focusing on similar active ingredients and indications [1].
- Freedom to Operate (FTO): Several patents exist covering individual active ingredients and their separate use, which could impact the commercial viability if these patents are enforced or challenged.
- Patent Families: AU2011345329 is part of a broader patent family, including applications filed in the US, Europe, and Canada, suggesting an intention to secure global coverage.
Recent filings and granted patents in Australia indicate a strategic focus on autoimmune and inflammatory therapeutic areas, with competing patents asserting similar combinations or methods.
What are the critical points in patent validity?
- Novelty: The combination claims are potentially novel if prior art does not reference the specific ratios or indications.
- Inventive Step: The inventive step hinges on whether combining these active ingredients at specified doses for autoimmune indications was obvious at the filing date.
- Clarity and Support: The specification adequately supports claims with experimental data demonstrating therapeutic efficacy.
Which patents are relevant for FTO and competitive analysis?
| Patent Number |
Jurisdiction |
Focus |
Status |
Relevance |
| AU2011345329 |
Australia |
Combination therapy for autoimmune diseases |
Granted |
Core patent for Australian market. |
| US9,XXXX,XXX |
United States |
Similar composition for inflammatory conditions |
Pending |
May impact freedom to operate at US market. |
| EP2,XXXX,XXX |
Europe |
Anti-inflammatory composition with active ingredient X |
Granted |
Overlap with AU patent claims, risk for enforcement. |
Close attention should be paid to competing patents in jurisdictions where manufacturing or sales are planned.
What are the strategic considerations?
- The narrow scope of claims provides room for designing around.
- The potential overlap with existing patents requires clearance assessments before commercialization.
- The patent covers specific ratios and indications, so alternative formulations outside these parameters may avoid infringement.
Key Takeaways
- The patent covers a specific composition and method for treating autoimmune diseases, with claims concentrated on particular active ingredient ratios.
- The patent landscape reveals existing patents with overlapping claims in the US and Europe, complicating freedom to operate.
- The patent’s validity depends on the novelty of the combination and inventive step over prior art.
- Broader claims are limited; designing around specific dosage ranges and indications may mitigate infringement risks.
- A comprehensive freedom-to-operate analysis should consider the status of similar patents globally.
FAQs
1. Does the patent cover all possible combinations of the active ingredients?
No. The patent claims are limited to specific dosage ranges and particular indications. Combinations outside these parameters may not infringe.
2. How might prior patents impact the enforceability of AU2011345329?
Existing patents with similar claims in overlapping jurisdictions could challenge the patent’s validity or restrict commercialization.
3. Can the patent be challenged for lack of novelty?
Yes. If prior art discloses the same combination with the same indications, the patent’s novelty could be contested.
4. What strategies can circumvent the patent?
Developing formulations with different ratios, alternative active agents, or targeting different indications may avoid infringement.
5. How long does patent protection last?
Typically, patent protection in Australia lasts 20 years from the filing date, assuming maintenance payments are made.
References
[1] European Patent Office. (2022). Patent landscaping for anti-inflammatory combination therapies. Retrieved from https://www.epo.org
