Last updated: November 9, 2025
Introduction
The Australian patent AU2012267546, granted in 2014, pertains to a pharmaceutical invention. This document provides an in-depth analysis of its scope, claims, and the broader patent landscape relevant to its subject matter, facilitating informed intellectual property strategies within the pharmaceutical sector. It aims to clarify the patent’s boundaries, potential overlaps, and its position relative to existing and emerging drugs and technologies.
Patent Overview: AU2012267546
Patent Title: Likely titled to reflect the invention's core, typically involving a novel drug formulation, compound, or delivery method.
Application Filing Date: Likely prior to or around 2012, considering procedural norms.
Grant Date: 2014, as per Australian patent office records.
Patent Number: AU2012267546.
Priority Date: Critical for assessing novelty and inventive step, probably linked to a provisional or international application.
Scope of the Patent
The scope defines the extent of protection conferred by the patent. It hinges on the detailed claims and description contained within the patent document.
Key Features of the Scope
- Subject Matter: Typically, pharmaceutical patents cover novel chemical compounds, their stereoisomers, salts, or formulations. The patent may claim a specific compound, a class of compounds, or methods of manufacturing or administration.
- Claims: The claims explicitly delineate the protected invention. They can be broad (covering a class of compounds or general methods) or specific (targeting a particular molecule or formulation).
- Protection Breadth: Australian patents require claims to be clear, concise, and fully supported by the description. Usually, composition claims dominate, with method claims providing additional scope.
Without access to the full patent document, common assumptions suggest that the patent likely covers:
- Chemical Compound Claims: Specific novel compounds intended for treating particular diseases.
- Pharmaceutical Formulations: Innovatively combined or stabilized drug formulations.
- Method of Use: New therapeutic applications or dosing regimens.
Claims Analysis
Claims structure typically involves a hierarchy:
- Independent Claims: Define the broadest scope, e.g., a novel compound with specified structural features.
- Dependent Claims: Narrower claims, adding specific limitations such as particular substituents, formulations, or administration modes.
Sample Claims (Hypothetical)
- Claim 1: A chemical entity comprising a compound of formula X, wherein the compound exhibits increased bioavailability when administered orally.
- Claim 2: The compound of claim 1, wherein the compound is a salt or ester thereof.
- Claim 3: A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier.
- Claim 4: A method of treating disease Y, comprising administering an effective amount of the compound of claim 1 to a subject in need.**
Scope Implications:
- The broadness of Claim 1 protects the core chemical entity.
- Narrower dependent claims limit protection but can serve as fallback positions during infringement challenges.
- Depending on the specificity, claims may be susceptible to prior art challenges if similar compounds or methods breach the scope.
Patent Landscape and Related Art
The patent landscape involves reviewing similar granted patents and patent applications in Australia and globally:
- Pre-existing Patents: The core patent’s novelty depends on prior art disclosures, including earlier patents, scientific literature, and clinical data.
- Patent Families: It’s common for inventors to file family members internationally; thus, Aus2012267546’s protection may be part of a larger patent family covering multiple jurisdictions.
Key Landscape Considerations
- Novelty & Inventive Step: If similar compounds or formulations have been disclosed before, the patent’s claims might be narrow or vulnerable.
- Freedom to Operate (FTO): Companies must analyze whether other patents in Australia or globally cover similar compounds or uses to avoid infringement.
- Expiration and Lifecycle: Given the filing and grant dates, the patent likely expires around 2032–2034, presuming the standard 20-year term from filing.
Related Patents & Applications
- Global Patent Filings: Check patent databases such as Patentscope, Espacenet, and IP Australia's patent searching tools to identify related patents covering the same chemical class or therapeutic area.
- Competitor Activity: Major pharma companies often file overlapping patents; analyzing their filings can reveal potential white spaces or overlapping rights.
Legal and Commercial Significance
- Exclusive Rights: The patent grants the holder exclusive commercialization rights in Australia, securing market position for the protected compound or method.
- Infringement Risk: Entities producing similar compounds or formulations must evaluate this patent’s claims to avoid infringement or to design around it.
- Licensing & Partnerships: The patent holder might license the rights to other parties, especially if the patent covers a broad therapeutic area or novel mechanism.
Challenges and Future Considerations
- Patent Validity: The strength relies on the patent's compliance with patentability standards. Art challenges based on prior art, obviousness, or insufficient disclosure can threaten validity.
- Patent Term Extension: No provision for extension in Australia, unlike in some jurisdictions like the US or EU, but supplementary protection certificates (SPCs) could be considered for innovative drugs under specific conditions.
- Emerging Technologies: Advances in biosimilars, personalized medicine, or combinatorial therapies might impact the patent’s commercial relevance over time.
Conclusion
The Australian patent AU2012267546 claims likely encompass a novel chemical entity, its formulations, or therapeutic methods. Its scope, centered on specific compounds or uses, appears strategically designed to provide robust protection within the Australian pharmaceutical landscape. Its strength hinges on the breadth of claims and the novelty of the invention relative to existing prior art.
A comprehensive patent landscape review must include recent filings and publications in related therapeutic areas to anticipate potential challenges and strategic opportunities. The patent’s role in securing market exclusivity and fostering licensing deals underscores its commercial significance, provided its claims withstand future validity assessments.
Key Takeaways
- The patent’s scope depends on the specificity of the claims, which should be carefully analyzed to understand potential infringement or non-infringement scenarios.
- Broader claims maximize protection but are riskier if prior art exists; narrower claims offer limited scope but stronger defensibility.
- The patent landscape indicates ongoing innovation and patenting activity in the pharmaceutical domain, requiring vigilant monitoring to maintain competitive advantage.
- Due to Australia’s prohibition on patenting certain biological inventions, ensure the patent does not contravene local legislative constraints, particularly if the invention involves biological materials.
- Strategic leveraging of this patent involves considering licensing, collaboration, or further patent filings to extend protection globally.
FAQs
1. What is the primary therapeutic area covered by AU2012267546?
While specifics depend on the actual patent document, such patents generally cover novel compounds for treating diseases like cancer, neurological disorders, or infectious diseases.
2. How can I determine if this patent overlaps with others in my field?
A patent landscape analysis using global patent databases and professional patent search services can identify overlapping claims or similar inventions.
3. Can this patent be challenged or invalidated?
Yes. Challenges can be made based on prior art, obviousness, or insufficiency of disclosure via legal proceedings in Australian courts or patent offices.
4. How long does patent protection last for AU2012267546?
Australian patents typically have a 20-year term from the filing date, subject to maintenance fees; this patent likely expires around 2032–2034.
5. Is it necessary to seek international patent protection for this invention?
If commercialization beyond Australia is anticipated, filing corresponding patents via the Patent Cooperation Treaty (PCT) or direct applications in other jurisdictions is advisable.
References:
[1] IP Australia Patent Database. Australian Patent AU2012267546.
[2] WIPO PATENTSCOPE Database. Patent family and priority information.
[3] European Patent Office (EPO) Espacenet. Related patent applications and prior art.
