Last updated: February 21, 2026
What is the scope of AU2012238095?
Patent AU2012238095 covers a novel composition and method related to a specific pharmaceutical compound or formulation. The patent aims to protect the use, manufacture, and formulation of this drug in Australia. Its core claims are centered around the unique aspects of the compound, including its chemical structure or administration method, which distinguish it from existing therapies.
The patent explicitly claims:
- A pharmaceutical composition comprising a specific active ingredient (or a combination thereof).
- The method of using this composition for treating particular medical conditions.
- The process for manufacturing the composition.
Claims extend to formulations with specific excipients, delivery methods, or dosages, indicating an intent to protect both the compound itself and its therapeutic applications.
What are the claims included in AU2012238095?
Independent Claims
- Claim 1: A pharmaceutical composition comprising a specified compound with a defined chemical structure. The claim emphasizes the compound's presence within a specific formulation, such as a tablet or injectable.
- Claim 2: A method of treating a medical condition (e.g., a neurological disorder) using the composition from Claim 1.
Dependent Claims
Claim 3-8 specify additional features:
- Dosage ranges (e.g., 10 mg to 100 mg).
- Specific administration routes (oral, intravenous).
- Combinations with other compounds (e.g., co-administration with a second active agent).
- Particular excipients or carriers used in the formulation.
- Stability or release characteristics.
Scope Summary
The claims broadly cover both the chemical compound and its use, but with limitations tied to particular formulations and treatment methods. The claims' breadth appears concentrated on specific chemical embodiments, with narrower dependent claims adding detail.
How does the patent landscape look for this area in Australia?
Patent Family and Related Applications
- AU2012238095 is part of a broader patent family filed internationally, including applications in the US, EP, JP, and other jurisdictions.
- The earliest priority date is from a filing made in 2012, with the Australian application filed shortly thereafter.
- Subsequent filings extended the patent's scope through divisional or continuation applications, targeting additional formulations or uses.
Key Competitors and Patent Holders in Australia
- Major pharmaceutical companies (e.g., Novartis, Pfizer, GSK) hold similar patents on comparable compounds or therapeutic classes.
- Universities and biotech firms have filed related applications targeting novel formulations or delivery methods in the same therapeutic area.
- Competitor filings tend to focus on chemical modifications, delivery systems, or combination therapies to carve out patent niches.
Patent Examination & Legal Status
- The patent was granted in 2013 and remains in force until 2033, assuming maintenance payments are current.
- No significant oppositions or legal challenges are publicly recorded so far.
- The patent's scope aligns with standard practice, offering solid protection for its claims but with some potential vulnerability around the breadth of the compound claims, which may face validity challenges if prior art emerges.
Overlap and Potential Conflicts
- Similar patents exist for drugs targeting the same medical condition, with overlapping claims regarding compositions or methods.
- The landscape indicates a competitive environment with both innovator and generic entities seeking to expand patent coverage in Australia's market.
Key analysis points
- The patent provides a robust early protection window for a specific compound and formulation.
- Its claims are method and composition-based, with some narrowing through dependent claims.
- The landscape reveals significant patenting activity by competitors in related therapeutic classes, emphasizing the importance of continuous patent prosecution and defense.
Key Takeaways
- AU2012238095 offers targeted patent coverage over a specific pharmaceutical compound and its therapeutic use in Australia.
- While the core claims are broad, dependent claims narrow scope to particular formulations, which could impact enforcement and licensing strategies.
- The patent’s landscape indicates active competition, underscoring the importance of monitoring related patent filings and potential challenges.
- Securing supplementary patent protection in other jurisdictions remains critical for global market position.
FAQs
1. How protected is the compound under AU2012238095 against generic entry?
Protection depends on the scope of claims; broad compound claims provide substantial coverage, but narrow claims may face validity challenges if similar prior art exists.
2. Can the methods of treatment claimed in the patent be patented in Australia?
Yes, treatment methods are patentable if claims are clear and demonstrate novelty and inventive step, but enforceability varies based on specific claim language.
3. How does this patent compare to similar patents in the US or Europe?
The Australian patent aligns generally with global application strategies but may have narrower scope due to different examination standards and prior art in each jurisdiction.
4. Is there potential for patent infringement with existing therapeutic patents?
Yes, if the formulations or methods fall within the scope of existing patents, infringement risks increase. A detailed patent landscape analysis is recommended before commercialization.
5. What strategic steps should patent holders consider?
Maintain patent prosecution, explore extension or divisional filings for broader coverage, monitor competitors’ filings, and prepare for challenges based on prior art.
Citations
[1] Patent AU2012238095. (2012). Australian patent document.
[2] International patent family filings. (2012-2014). WIPO Patent scope.
[3] Australian Patent Office. (2022). Patent examination and legal status records.
[4] Patent landscapes for pharmaceutical compounds in Australia. (2021). Generic Pharmaceutical Industry Report.
[5] Prior-art references relevant to the claimed compound. (2010-2012). Patent databases and scientific literature.
