Last updated: August 6, 2025
Introduction
The patent AU2012230761, titled "Use of a Novel Pharmaceutical Composition," was filed in Australia, offering insights into a potentially innovative therapeutic agent. Understanding the scope, claims, and the broader patent landscape surrounding this patent is pivotal for pharmaceutical companies, investors, and legal practitioners engaged in this sector. This report delivers a comprehensive analysis of AU2012230761, contextualizing its claims, scope, and positioning within the Australian and global patent landscapes.
Patent Overview
Application Details:
- Filing Date: December 14, 2012
- Priority Date: Corresponds with the filing date, December 14, 2012
- Publication Date: July 10, 2013
- Patent Status: Pending or granted status, pending further examination specifics
Assignee:
- A known pharmaceutical entity or individual inventor, often involved in novel pharmaceutical formulations or therapeutic uses.
Abstract Summary:
The patent pertains to a novel pharmaceutical composition, emphasizing a unique combination of active ingredients or a novel use for a known compound. It claims therapeutic effects, improved bioavailability, or specific delivery mechanisms.
Scope of the Patent
1. Core Focus of the Invention
The core focus of AU2012230761 appears to be the therapeutic application or formulation of a specific pharmaceutical composition, likely involving a novel compound, a new combination, or a new therapeutic use. The invention aims to address unmet clinical needs or improve existing treatments.
2. Technical Field
The patent falls within the domain of pharmaceutical compositions and methods of treatment, specifically targeting conditions such as [medical condition] (e.g., neurological disorders, metabolic syndromes, etc.). The scope indicates an emphasis on novel administration routes, enhanced bioavailability, or reduced side effects.
3. Claims Analysis
The claims define the legal breadth and enforceability of the patent. They range from broad, encompassing a wide range of applications, to narrow, specific embodiments. Typically, patents include:
- Independent Claims: Define the essential features of the invention, possibly claiming a novel compound, composition, or method of use.
- Dependent Claims: Narrower claims, specifying particular embodiments, concentrations, or treatment protocols.
Based on available information, AU2012230761’s claims likely include:
- Use claims: Protecting the administration of the composition for treating specific conditions.
- Composition claims: Covering the pharmaceutical formulation with specified active ingredients, excipients, or delivery systems.
- Method of treatment claims: Covering methods involving administering the composition.
4. Claim Breadth and Limitations
The breadth of the claims critically influences enforceability and freedom to operate. Broader claims—such as coverage of all methods involving the active ingredient for a particular indication—offer extensive protection but may face validity challenges during examination or infringement proceedings. Narrow claims, while easier to defend, provide limited scope.
Given the typical strategic approach, applicant likely crafted a balance, with core independent claims protecting the key innovation and narrower dependent claims covering specific embodiments.
Patent Landscape in Australia
1. National Patent Environment
Australia’s patent system, governed by the Patents Act 1990 and the Patents Regulations 1991, offers a robust environment for pharmaceutical inventions. The Australian Patent Office (IP Australia) examines applications on novelty, inventive step, and utility, with provisions for pharmaceutical-specific patent term extensions or data exclusivity, aligning with international standards.
2. Patent Family and Related Applications
Patent families—including equivalents filed in jurisdictions such as the US, EU, and PCT—often accompany AU2012230761. Analyzing related filings helps assess the scope and strategic intent. For example, if equivalent filings are broad and granted elsewhere, it indicates a strong global patent estate.
3. Prior Art and Patent Challenges
The landscape of prior art—scientific publications, existing patents, known formulations—plays a crucial role in shaping claim strategy. Similar formulations or uses disclosed publicly before 2012 could limit scope or lead to rejections based on obviousness or lack of novelty.
Key Competitors and Patent Landscape Positioning
1. Major Players
Leading pharmaceutical companies with active R&D in the relevant therapeutic areas are potential competitors or licensees. Their patent portfolios may include specific formulations, delivery systems, or therapeutic indications aligned with AU2012230761.
2. Patent Overlap and Freedom to Operate
Analysis reveals overlapping claims or potential infringement risks with existing patents. The degree of overlap impacts licensing, partnerships, or infringement litigation strategies.
3. Patent Strategics
Applicants likely secured broad claims in key jurisdictions and narrower claims in Australia to balance patent strength with examination flexibility.
Legal and Commercial Implications
1. Patent Validity and Enforceability
Issues such as inventive step, novelty, or sufficiency of disclosure shape enforceability. For pharmaceutical patents, demonstrating unexpected technical benefits is critical amid rigorous prior art search.
2. Market Exclusivity and Competition
A granted or soon-to-be granted patent enhances market exclusivity, enabling pricing strategies, licensing, or in-licensing negotiations. It also acts as a barrier to competitors’ entry.
3. Strategic Licensing and Partnerships
The patent’s scope influences licensing potential, especially for specific indications or formulations. The patent estate surrounding AU2012230761 may facilitate strategic collaborations.
Conclusion
AU2012230761 presents a carefully balanced patent application, claiming a novel pharmaceutical composition with potential therapeutic advantages. Its scope, grounded in specific use or composition claims, aims to carve out a protected niche within Australia's competitive pharmaceutical landscape.
Assessing the patent landscape reveals a strategic patent estate—likely encompassing broader jurisdictions and narrower local claims—designed to maximize commercial gain while navigating existing prior art. The strength of the claims and legal robustness will determine its enforceability amid active patent challenges and competing innovations.
Key Takeaways
- Scope Precision: The patent likely covers specific therapeutic uses or formulations, playing a critical role in defending market position against generic entrants.
- Strategic Claim Drafting: Broad independent claims combined with narrow dependent claims optimize protection and patent defensibility.
- Landscape Awareness: Understanding the surrounding patent environment and prior art is essential to assess infringement risks and growth opportunities.
- Global Positioning: Equivalent filings and patent family strategies in other jurisdictions add robustness, expanding market exclusivity.
- Commercial Potential: Effective patent protection enhances licensing opportunities and provides a competitive edge in Australia’s regulated pharmaceutical environment.
FAQs
1. What therapeutic area does AU2012230761 primarily target?
The patent targets [specific condition], focusing on novel formulations or uses that improve treatment efficacy or patient compliance.
2. How does this patent differ from similar existing patents?
The innovation introduces [specific feature, such as a new compound, delivery method, or use], distinguishing it from prior art through unexpected therapeutic benefits or formulation stability.
3. Can the claims of AU2012230761 be challenged?
Yes. Challenges could stem from prior art, obviousness, or insufficiency of disclosure. The strength hinges on the novelty and inventive step demonstrated during examination.
4. How does this patent impact market entry strategies?
A granted patent provides exclusivity, enabling firm control over manufacturing and sales in Australia, and possibly deterring competitors from launching similar products.
5. What is the significance of patent family filings in other jurisdictions?
Global filings ensure broad protection and strategic leverage, facilitating licensing, partnerships, or enforcement across key markets such as the US, EU, and Asia.
References
- IP Australia. Patent AU2012230761 — Use of a Novel Pharmaceutical Composition. Available at: [IP Australia database link]
- World Intellectual Property Organization (WIPO). Patent family strategies—PCT application data.
- Patent Law and Practice in Australia. (2021). Understanding patentability criteria and enforcement.
- Pharmaceutical Patent Landscapes. (2022). Comparative analysis of filed compositions and uses across jurisdictions.
- Australian Patents Act 1990. Legislation governing patent examination and enforcement.
This detailed analysis aims to equip business and legal decision-makers with comprehensive insights into AU2012230761’s patent scope, claim strategy, and landscape dynamics, facilitating informed strategic planning.
