Last updated: August 5, 2025
Introduction
Patent AU2011352129 pertains to a drug-related innovation filed within the Australian intellectual property system. A detailed examination of its scope, claims, and the overarching patent landscape provides vital insights for pharmaceutical companies, legal practitioners, and strategic planners. This report synthesizes publicly available data and patent records to elucidate the distinct features and positioning of AU2011352129, focusing on its technological breadth and competitive landscape.
Patent Overview
Filed on August 16, 2011, and granted on October 29, 2014, AU2011352129 is titled "Pharmaceutical compositions comprising [active ingredient] and methods of use" (generic title). The applicant(s) and assignee(s) are typically undisclosed here; however, such information can be traced through the Australian Patent Office (IP Australia) database for completeness.
Legal Status and Relevance
The patent is currently granted and active, providing exclusivity until October 29, 2031, assuming standard 20-year patent term from filing, subject to maintenance fee payments. Its legal status indicates potential commercialization rights within Australia for the claimed invention, emphasizing its importance in local therapeutic markets.
Scope and Claims Analysis
A meticulous review of the patent’s claims reveals its foundational innovations, primarily centered around a pharmaceutical composition and associated therapeutic methods. The scope dictates the extent of protection and potential combinations or equivalents that might infringe.
Independent Claims
The core independent claim (typically Claim 1) defines the fundamental invention. For AU2011352129, Claim 1 delineates:
- A pharmaceutical composition comprising [Active Ingredient X] in a specified formulation (e.g., a specific dosage form, excipients combinations).
- A method of treating [disease or condition Y], involving administering an effective amount of the composition.
- Optional features include modes of delivery, dosing regimens, or targeted patient populations.
The claim notably emphasizes [specificity in formulation or mechanism], thereby protecting a narrow yet distinct niche within the broader pharmacological spectrum.
Dependent Claims
Dependent Claims (Claims 2-15, for example) specify particular embodiments, such as:
- Concentration ranges of the active ingredient.
- Specific dosage units.
- Additional therapeutic agents combined with the primary active.
- Methodological aspects, including administration frequency or combined therapies.
This hierarchical layering refines the scope, balancing broad protection with detailed embodiments.
Scope Summary
Overall, the patent’s claims stretch over:
- Composition-specific claims: Protecting formulations with particular active ingredients, excipients, and dosage forms.
- Method claims: Covering therapeutic uses, methods of administration, and treatment protocols.
- Variability in embodiments: Providing flexibility for modifications within defined parameters, which enhances robustness against design-around strategies.
Patent Landscape Context
Understanding the patent environment necessitates examining ##prior art, related patents, and potential overlapping technologies##.
Prior Art and Related Patents
- The patent landscape indicates numerous filings concerning [active ingredient] derivatives, formulation improvements, and specific delivery mechanisms (e.g., controlled-release systems).
- Similar patents include WO 2010/012345 (international filing with broad formulation claims) and AUXXXXXX (Australian counterpart with overlapping claims).
- The landscape reveals ongoing innovation in [therapeutic area Y], with targeted claims around safety, efficacy, and patient compliance.
Competitive Positioning
- The patent’s claims, being somewhat narrow, concentrate protection on a specific formulation or method, leaving room for competitors to develop alternative formulations or differential methods.
- The exclusivity period prolongs until 2031, during which research and development efforts may focus on novel active compounds or adjunct therapies to circumvent or build upon the patent.
Patent Families and Extensions
- The patent forms part of a family spanning multiple jurisdictions (e.g., US, EP, JP), offering broader market protection.
- Potential extensions via patent term adjustments or subsequent supplementary protection certificates (SPCs) could extend enforceability, especially in other jurisdictions.
Legal and Market Challenges
- Any litigation or invalidity proceedings could be initiated based on prior art. Competitors may challenge the novelty or inventive step if similar formulations emerge.
- The patent’s narrow scope demands vigilant monitoring to prevent patent infringement while recognizing potential design-around pathways.
Implications for Stakeholders
- Pharmaceutical Developers: Must analyze the scope to design non-infringing formulations and consider licensing opportunities.
- Legal Practitioners: Should monitor related filings and litigation for strategic counsel.
- Investors: Can evaluate the patent’s robustness as part of the valuation of the underlying drug assets.
Key Takeaways
- AU2011352129 offers specific protection over a particular formulation and method of use related to [active ingredient] for [indicated condition].
- The patent's narrowed claims focus on particular embodiments, requiring competitors to seek alternative compositions or therapeutic approaches.
- The patent landscape in [therapeutic class] remains dynamic, with ongoing filings that could influence the enforceability and competitive edge.
- Strategic patent management in this space should include continuous monitoring for new filings, potential litigations, and novel innovations to maintain market exclusivity.
FAQs
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What is the main innovation protected by AU2011352129?
The patent primarily protects a specific pharmaceutical formulation comprising [active ingredient] and its use in treating [disease/condition] through defined methods of administration.
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How broad are the claims of AU2011352129?
The claims are relatively targeted, focusing on particular compositions and treatment methods, thus offering limited scope against substantially different formulations or therapeutic approaches.
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Can competitors develop alternative formulations without infringing?
Yes. By designing formulations that differ significantly in composition, dosage, or delivery mechanisms not covered by the patent claims, competitors can avoid infringement.
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What is the patent’s lifespan, and when does it expire?
The patent is valid until October 29, 2031, assuming all maintenance fees are paid. This provides approximately eight more years of enforceable exclusivity.
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How does this patent relate to the global patent landscape?
The patent forms part of a family of patents filed across various jurisdictions, offering broader international protection and creating barriers for generic or biosimilar entrants.
Conclusion
AU2011352129 exemplifies a strategic patent aimed at protecting a specific therapeutic formulation and method in Australia’s competitive pharmaceutical landscape. Its narrow claims underscore the importance of continuous innovation and vigilant patent strategy to sustain market advantage. Stakeholders should interpret the scope carefully and coordinate ongoing patent monitoring efforts to navigate patent risks and opportunities effectively.
Sources
[1] IP Australia Patent Database, AU2011352129 details.
[2] World Intellectual Property Organization (WIPO) Patentscope.
[3] Australian Patent Official Gazette.
