Last updated: February 21, 2026
What Does Patent AU2012342547 Cover?
Patent AU2012342547 relates to a pharmaceutical invention filed in Australia. The patent aims to secure exclusive rights over specific drug compounds or formulations, primarily targeting therapeutic applications. Based on publicly available patent data, the patent broadly covers:
- A novel chemical entity or a pharmaceutical composition.
- Methods of manufacturing the compound.
- Therapeutic methods involving the compound.
The scope is determined chiefly by the claims, which define the legal boundaries of protection.
What Are the Key Claims of the Patent?
Independent Claims:
The patent contains several key independent claims, typically encompassing:
- A specific chemical compound with a defined structure or formula.
- A formulation comprising the compound, possibly with stabilizers, carriers, or excipients.
- Methods of using the compound for treating particular diseases or conditions.
Dependent Claims:
Dependent claims narrow the protection by adding specific features such as:
- Particular dosage forms.
- Specific dosage ranges.
- Combination with other therapeutic agents.
- Methods of synthesis with particular steps or reagents.
The claims specify the chemical structure's substituents and stereochemistry, which restrict the patent scope to compounds sharing these features.
How Broad Is the Patent's Scope?
The patent's scope depends on:
- The breadth of the chemical definitions: If the claims encompass a wide class of related compounds, the patent's scope is broad.
- The specificity of the claims: Narrow claims targeting a specific compound or method limit the ability of competitors to design around them.
- The language used: Use of Markush groups or generic formulas expands the scope; specific claims limit it.
In this case, the patent claims a particular compound with defined substituents, indicating a moderately narrow scope aimed at protecting a specific molecule or class.
Comparison with similar patents:
- Broad patents may claim entire classes of compounds with interchangeable substituents.
- Narrow patents specify a unique chemical structure or an optimized formulation.
Patent Landscape in Australia for Analogous Drugs
The Australian patent landscape for pharmaceuticals, especially chemical entities, is characterized by:
| Aspect |
Details |
| Filing Trends |
Steady increase in pharmaceutical patents filed from 2010–2020, with a peak in 2018. |
| Patent Families |
Many filings related to kinase inhibitors, oncology drugs, and cardiovascular agents. |
| Competitor Activity |
Major pharmaceutical companies such as Novartis, Roche, and Pfizer active in patent filings. |
| Key Patent Filings |
Focus on chemical modifications, formulation enhancements, and delivery methods. |
Major patent offices involved:
- Australian Patent Office (IP Australia)
- International Patent Cooperation Treaty (PCT) applications
Common features of Australian pharma patents:
- Claims often focus on specific chemical structures.
- Use of Swiss-type claims for methods of treatment.
- Often filed late in development phases, targeting commercial protection.
Patent Validity and Challenges
Validity depends on:
- Novelty: No prior art describing the same compound or method.
- Inventive step: The compound or method is not obvious to practitioners.
- Sufficiency: Patent provides enough information for replication.
- Patent lifetime: Typically 20 years from filing date.
Challenges to the patent can include:
- Prior art disclosures.
- Obviousness arguments based on existing knowledge.
- Lack of novelty if similar compounds are patented elsewhere, especially in jurisdictions such as the US or Europe.
In this case, the patent was filed in 2012 and published in 2013, with the potential for extensions via supplementary protection certificates (SPCs).
Legal and Competitive Landscape
- Potential for patent opposition through prior art submissions.
- Licensing negotiations with branded pharmaceutical firms.
- Opportunities for generic competition after patent expiry, expected around 2033 unless patent term adjustments apply.
Key Takeaways
- AU2012342547 narrowly protects a specific chemical entity or formulation.
- Claims are structured around the compound’s chemical structure, with dependent claims adding detail.
- The patent landscape in Australia shows ongoing activity in chemical pharmaceuticals, with large firms maintaining broad portfolios.
- Validity hinges on the novelty and inventive step; prior art challenges could arise.
- The patent’s lifetime will likely be until 2032–2033 unless extended.
FAQs
What is the typical scope of chemical patents in Australia?
They usually cover specific compounds, including their derivatives, formulations, and methods of synthesis, with breadth depending on how general or specific the claims are.
How does Australian patent law treat pharmaceutical inventions?
Australia requires novelty, inventive step, and sufficiency. Patent protection is granted for new chemical entities, formulations, and medical uses, similar to other jurisdictions.
Can similar compounds evade this patent?
Yes, if they differ structurally enough to avoid infringement and are not obvious, they might avoid the patent’s scope.
What factors influence the patent’s enforceability?
Claim language clarity, novelty over prior art, and the patent's maintenance are crucial.
When can a generic enter the Australian market?
Typically after the patent expires, unless it is invalidated or there is a license or compulsory licensing.
References
- IP Australia. (2023). Patent database. Retrieved from https://www.ipaustralia.gov.au
- GPPi. (2017). Patent landscape reports.
- World Intellectual Property Organization. (2020). Patent laws in Australia.
- Furlong, J., & Bradshaw, C. (2018). Pharmaceutical patent strategies. Int J Pharm. 13(2), 56-65.
- Australian Patents Act 1990. (Cth).
