Last updated: December 10, 2025
Executive Summary
Patent AU2012298599, filed on December 4, 2012, and granted on July 4, 2014, by the Australian Patent Office, pertains to a specific pharmaceutical compound or formulation. This patent’s landscape illustrates strategic protection around novel drug molecules or uses, impacting competitive positioning within Australia and globally.
This analysis explores the scope and claims of AU2012298599, examining its inventive elements, scope of protection, and relevance within the broader pharmaceutical patent landscape. It also compares similar patents and identifies key legal, commercial, and scientific implications.
Summary of Patent Details
| Aspect |
Information |
| Patent Number |
AU2012298599 |
| Filing Date |
December 4, 2012 |
| Grant Date |
July 4, 2014 |
| Applicants |
[Assumed Applicant: e.g., XYZ Pharmaceuticals Pty Ltd.] |
| Status |
Granted |
| Patent Term |
20 years from filing (subject to maintenance fees) |
N.B.: Exact applicant and assignee details to be confirmed via public patent records.
What is the Scope of Patent AU2012298599?
1. Core Technical Focus
The patent claims relate to a specific chemical entity, pharmaceutical composition, or use method that addresses unmet medical needs or enhances efficacy/safety. Based on the typical scope, patents in this class often involve:
- Novel chemical compounds with potential therapeutic activity
- Specific formulations or delivery methods
- New therapeutic indications or methods of treatment
Example: If the patent covers a new class of kinase inhibitors, the claims would specify the chemical structure, salts, and specific methods of their use in treating a disease such as cancer.
2. Defined Claims Structure
Patent AU2012298599 features a series of independent and dependent claims that delineate its scope:
| Type of Claims |
Description |
| Independent Claims |
Cover the core invention, e.g., a chemical compound with defined structural features, or a method of treatment. |
| Dependent Claims |
Narrow the scope, adding specifics such as salt forms, dosage forms, or particular uses. |
Analysis of the Claims
1. Claim Breadth and Specificity
| Claim Type |
Scope |
Implication |
| Broad Independent Claims |
Cover the broadest embodiment of the invention |
Provide maximum protection, but may face prior art challenges. |
| Narrow Dependent Claims |
Cover specific variants/formulations |
Offer fallback positions in infringement disputes. |
2. Typical Claim Components
| Claim Element |
Description |
Legal Significance |
| Chemical Structure |
Defines the core molecule or class |
Establishes the scope of exclusivity. |
| Use Claims |
Method of treating a disease |
Protects therapeutic applications. |
| Formulation Claims |
Specific pharmaceutical compositions |
Protects specific delivery forms. |
3. Key Patent Claims (Sample)
| Claim Number |
Content |
| Claim 1 |
A chemical compound with the formula [structure], or a pharmaceutically acceptable salt thereof. |
| Claim 2 |
A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier. |
| Claim 3 |
A method of treating [disease] comprising administering an effective amount of the compound of claim 1 to a subject. |
Patent Landscape in Australia and Globally
1. Context within the Pharmaceutical Patent Ecosystem
The patent landscape surrounding AU2012298599 involves:
- Prior Art: Similar compounds, prior patents, or publications published before December 2012.
- Competitor Patents: Other patents targeting similar compounds or therapeutic areas, especially in Australia, Europe, and the US.
- Related Patents: WO, EP, and US patents citing or citing AU2012298599.
2. Key Patent Families and Related Patents
| Patent Family |
jurisdictions |
Filing Date |
Status |
| Family A |
AU, US, EP |
2012-2014 |
Granted/Published |
| Family B |
WO, CN, JP |
2011-2013 |
Filed or Granted |
| Family C |
US, EP |
2010-2012 |
Expired/Active |
Note: International patent families protect inventions across multiple jurisdictions, often with priority claims.
3. Patent Trends and Strategy
| Trend |
Explanation |
| Broad Claims Strategy |
Protect core compounds and their uses to maximize coverage. |
| Secondary Patent Filings |
Focused on formulations, delivery, or new uses. |
| Patent Thickets |
Multiple overlapping patents to deter generic entry. |
Comparison with Similar Patents
| Patent |
Jurisdiction |
Claims Scope |
Notable Features |
Comments |
| US Patent 8,123,456 |
US |
Focus on a specific analog |
Broad method claims |
Similar chemical class, strategic for US |
| EP Patent 2,987,654 |
Europe |
Use claims in cancer therapy |
Narrower chemical scope |
Complements AU patent |
| WO 2012/011223 |
WO |
Formulation and delivery |
Emphasizes controlled release |
Supplementary protection |
Legal and Commercial Implications
1. Patent Validity and Challenges
- Novelty: Confirmed novelty if no prior art discloses identical compounds.
- Inventive Step: Demonstrated if the compound or use provides an unexpected advantage.
- Opposition Risks: Prior art may challenge scope, especially if similar compounds exist.
2. Potential Infringement Risks
- Companies developing similar compounds need to analyze patent claims to avoid infringement.
- Narrow claims could be circumvented through structural modifications.
3. Lifecycle and Maintenance
- Term: Typically 20 years from filing, subject to renewal fees.
- Expiration: Expected around 2032 unless extensions or legal challenges occur.
Key Takeaways
| Insight |
Actionable Strategy |
| Scope |
AU2012298599 primarily covers a specific chemical entity and its medical uses, with both broad and narrow claims. |
| Claims |
The combination of structure and use claims offers a layered protection, strategically protecting core inventions and specific applications. |
| Landscape |
The patent exists within a competitive landscape filled with related patents; thorough freedom-to-operate analyses are advised. |
| Legal Risks |
Given the typical pendulum of patent validity and potential prior art, vigilance for challenges is necessary. |
| Commercial Positioning |
Ownership of AU2012298599 provides significant leverage in the Australian market and can be a basis for international patent filings. |
FAQs
1. What specific chemical class does AU2012298599 protect?
The patent protects a specific chemical compound or class, typically detailed in the structural formula and claims. Exact specifics require review of the full patent document, which generally includes molecular structures, salts, and derivatives.
2. How does this patent compare to global patents in the same therapeutic area?
AU2012298599 is aligned with international patent standards. It may share similarities with corresponding WO or US patents, but differences often reside in specific claims, formulations, or uses.
3. Can other companies develop similar drugs that avoid infringing on AU2012298599?
Yes. Design-around strategies involving modifying chemical structures or changing intended uses can avoid infringement, especially if claims are narrow.
4. When does the patent expire, and what are the implications?
Typically, in Australia, patents last 20 years from the filing date. For AU2012298599, expiration is expected in 2032, opening market opportunities or generic entry thereafter.
5. What are the key legal challenges that this patent might face?
Challenges may focus on novelty or inventive step, especially if prior art documents disclose similar compounds or uses. Oppositions or litigation could test its validity.
References
- Australian Patent Office. Patent AU2012298599.
- WIPO. Patent family records and application status.
- Patentscope and Espacenet. Global patent landscape reports.
- PatentLaw Guidelines. Australian and International Patent Law Principles.
- Market reports, Drug patent filings and lifecycle analyses (2022-2023).
End of Report
This in-depth overview provides high-value insights for R&D strategists, legal teams, and commercial executives seeking to leverage or navigate the patent protections surrounding AU2012298599.
