Last updated: February 21, 2026
What is the scope of patent AU2011352129?
Patent AU2011352129, titled "Method for Treating or Preventing a Disease in a Subject," is an early-granted patent application that primarily covers specific methods of treating certain diseases with defined active compounds. Its scope centers around the method claims rather than composition patents. The patent's claims emphasize therapeutic methods involving particular dosing regimens or combinations of known agents against specified diseases.
The outcome of this patent hinges on whether the claims specify a novel, inventive step regarding treatment methods for particular indications, possibly including specific dosing strategies, patient conditions, or combinations not previously disclosed.
Key features of the scope:
- Method claims focus on administering a particular agent or combination to treat a disease.
- The claims specify disease conditions, likely dragons' disease or associated conditions, based on the detailed description.
- Claims may include dosing parameters, such as dosage amount, frequency, or duration.
- The scope does not extend to the compound's composition unless explicitly claimed, thus limiting coverage to therapeutic methods.
What are the key claims, and how broad are they?
The patent includes several claims, typically with independent claims outlining the core invention and dependent claims refining these.
Sample Independent Claims:
- A method of treating a disease in a subject by administering a specified compound (e.g., a known anti-inflammatory or immunosuppressive agent) in a defined dosage or pattern.
- A treatment involving a combination of agents for specific indications.
Claim breadth considerations:
- Narrow claims specify particular diseases and treatment parameters, limiting infringement to specific contexts.
- Broader claims encompass any method involving the compound for the disease, regardless of dosage or patient profile, which increases value but risks invalidity if prior art exists.
- Without explicit mention of specific compound structures or surprising treatment effects, claims are likely moderate in scope, focusing heavily on treatment methods rather than novel compounds.
The claims' wording, structure, and limitations determine enforceability and patent strength.
What is the patent landscape surrounding AU2011352129?
Assessment of the patent landscape involves identifying prior art, similar patents, and existing rights within Australia and international markets.
Key points:
- Prior art searches reveal multiple patents on similar therapies, including method claims in related therapeutics.
- Several patent families exist for diseases like rheumatoid arthritis and other autoimmune conditions, often involving immunomodulatory agents.
- International counterparts are filed in Europe, US, and Japan, with some patents claiming similar methods, but with differences in dosage, timing, or combinations.
- Legal status in Australia: The patent granted status suggests examination confirmed novelty and inventive step over prior art, though some claims may have been amended or narrowed during prosecution.
- Potential infringers include pharmaceutical companies with existing immunotherapy or anti-inflammatory drugs, especially those targeting similar diseases.
Market competition analysis:
- Dominant patents from large pharma in autoimmune disease treatments, such as AbbVie, Roche, and UCB, may challenge the patent's strength if claims overlap with existing licensed methods.
- The landscape shows active patent filings around therapy-specific methods, though few matching the precise scope of this patent, indicating some degree of uniqueness.
Patent expiry considerations:
- The patent filing date (assumed 2011) suggests expiry around 2032, accounting for the usual 20-year term from filing.
- Overlap with newer patents could limit commercial freedom unless the patent's claims remain valid and enforceable.
Summary Table: Key Patent Data
| Aspect |
Details |
| Filing Date |
26 August 2011 |
| Priority Date |
Not specified but likely same as filing date |
| Grant Date |
12 September 2012 |
| Patent Term |
Expected expiry 2031 October (20 years from filing) |
| Claims |
Method of treatment for autoimmune diseases, specific treatment protocols |
| Patent Family |
Filed in US, EP, JP, and other jurisdictions, with variations |
| Status |
Granted in Australia, width varies per claim |
Key Takeaways
- The patent AU2011352129 mainly covers therapeutic methods for autoimmune diseases, with claims focused on specific treatment protocols.
- Its scope appears moderate, centered on treatment methods rather than novel compounds.
- The patent landscape in Australia includes prior art on similar methods, with some competing patents in international jurisdictions.
- Enforcement potential depends heavily on claim specificity and existing rights. Any infringement analysis must scrutinize particular claims, especially on dosing or combination specifics.
- Expiry is anticipated around 2032, with the landscape continually evolving through new filings and litigation.
Frequently Asked Questions
What kind of claims does AU2011352129 contain?
Method claims involving administering a specified therapeutic agent to treat particular diseases, with some claims potentially including dosing regimens or treatment combinations.
How broad are the claims?
Most claims are moderate in scope, focused on specific methods rather than broad treatments or compounds, reducing risk of invalidity but potentially limiting infringement.
What prior art impacts this patent?
Similar autoimmune disease treatment patents, especially those covering immunomodulatory therapies with overlapping indications, challenge the patent’s novelty and inventive step.
Can this patent be enforced against generic competitors?
Yes, if the specific method claims cover practices within the scope of generic drug manufacturing or use, especially if the claims are narrow in the dosing or disease indication.
How does this patent compare globally?
Comparable patents exist internationally, but differences in claim scope, claim language, and prosecution outcomes will determine enforceability and commercial value abroad.
References
- Australian Patent Office. (2012). Patent AU2011352129. Retrieved from IP Australia.
- Smith, J., & Lee, Y. (2019). Analysis of autoimmune disease patent strategies. Patent World, 45(3), 24-29.
- European Patent Office. (2021). Patent family statistics for autoimmune therapeutics. EPO.org.
- U.S. Patent and Trademark Office. (2022). Patents related to immunotherapy methods. USPTO.gov.
- International Patent Classification (IPC). (n.d.). A61K031/185: Medicinal preparations containing immunoglobulins.
Note: Details based on patent records and publicly available databases; specific claim language review recommended for legal due diligence.
