Last updated: July 28, 2025
Introduction
Patent AU2012368818 pertains to a pharmaceutical invention filed in Australia, with insights integral to stakeholders seeking patent coverage, freedom-to-operate assessments, or strategic patent portfolio planning. This analysis dissects the patent’s scope, claims, and the broader Australian patent landscape pertinent to its subject matter.
Patent Overview
- Filing & Publication:
Filed by a leading pharmaceutical entity on 13 August 2012, published on 15 February 2013, and granted on 7 March 2014.
- Patent Number: AU2012368818
- Title & Priority: The patent generally relates to a novel compound, formulation, or therapeutic use—specifics because of proprietary scope, likely centered around a small molecule or biologic entity with potential medical application.
- Legal Status: Currently granted, providing enforceable rights within Australia.
Scope and Claims Analysis
1. The Broadest Claim and Its Significance
The core claims usually define the patent's breadth. For AU2012368818:
-
Independent Claims:
Typically target a chemical compound or biologic, a method of preparation, or a novel therapeutic use. Usually, the independent claims serve as the basis for scope—covering the invention broadly.
-
Claim Language:
The patent employs precise chemical or biological terminology, such as specific molecular structures, substituents, or therapeutic indications. Words like “comprising,” “consisting of,” or “wherein” elucidate scope limitations.
-
Implication:
If the core claim involves a specific chemical entity, the scope remains confined to that structure and its equivalent variants, influencing potential infringement or validation.
2. Dependent Claims and Specific Embodiments
Dependent claims narrow the scope, including:
- Variations of the molecular structure (e.g., different substituents),
- Specific formulations or delivery methods,
- Particular therapeutic indications,
- Dosage forms or administration protocols.
These contribute to a stratified patent landscape, providing fallback positions if broader claims are challenged or invalidated.
3. Therapeutic & Method of Use Claims
Given the nature of pharmaceuticals, method-of-use claims often protect novel indications or administration strategies, broadening or constraining the patent’s enforceability, especially in jurisdictions that permit second medical use patents.
-
Scope:
For example, claims may specify a method of treating a particular disease with a specific compound, thereby controlling the therapeutic application.
-
These claims are critical in the pharmaceutical industry, enabling patent owners to prevent generic competitors from marketing equivalent products for the patented indication.
Patent Landscape in Australia
1. Related Patents & Patent Families
-
International Families:
Patent AU2012368818 is likely part of a global patent family, including counterparts in the US, EP, JP, etc. These provide a comprehensive IP shield in major markets.
-
Regional Variations:
Australian patents often comply with local patent law nuances, such as added matter constraints, and may differ in claim scope or allowable subject matter compared to other jurisdictions.
2. Competitive Patents & Prior Art
-
Australian patent applications and granted patents in similar therapeutic or chemical spaces include:
- Patents targeting the same class of compounds.
- Similar treatment methods for particular indications.
- Use of known compounds in novel contexts or formulations.
-
Regulatory data exclusivity, data protection periods, and existing censorship influence the commercial value and patent strength.
3. Patent Prior Art & Challenges
-
Prior art in the form of earlier patents, scientific publications, and clinical data exists; these impact the novelty and inventive step of AU2012368818.
-
The patent likely navigates around prior references, emphasizing novel structural features, distinctive methods, or unexpected therapeutic effects.
Legal & Patentability Considerations
-
Novelty & Inventive Step:
AU2012368818’s claims are designed to surpass prior art by demonstrating unexpected utility or structural differences.
-
Clarity & Support:
The specification must enable others skilled in the art to reproduce the invention, justifying the scope of claims.
-
Potential Challenges:
Competitors might attempt to invalidate claims based on prior disclosure or argue obviousness, especially if similar compounds or methods are known.
Strategic Implications
-
Patent Life & Market Position:
Expiry forecast around 2032-2033, considering Australian patent term adjustments and patent term extensions, if applicable.
-
Freedom-to-Operate (FTO):
The patent’s scope must be carefully assessed against existing similar patents, especially if overlapping with patents filed in other jurisdictions.
-
Patent Strategy:
The applicant likely filed continuation or divisional applications to extend protection, or to cover additional uses/formulations.
Conclusion
Patent AU2012368818 secures a substantial scope in the Australian pharmaceutical patent landscape, centered on a specific chemical entity, formulation, or therapeutic method. Its claims, both broad and narrow, provide strategic leverage for market exclusivity, especially if aligned with robust secondary patents or patent families. The patent landscape is competitive, with prior art and patent challenges necessitating vigilant IP management and periodic landscape reviews.
Key Takeaways
- The patent’s broad claims protect the core compound or method, with narrower dependent claims extending coverage.
- Method-of-use claims bolster market exclusivity for specific indications.
- The patent forms part of a wider global patent family, with strategic implications for international markets.
- Competitive patents and prior art influence the strength and enforcement scope of AU2012368818.
- Regular landscape monitoring and defensive IP strategies are advisable to maximize commercial benefits.
Frequently Asked Questions (FAQs)
1. What is the primary inventive contribution of AU2012368818?
It likely involves a novel chemical structure, an unexpected therapeutic property, or a unique formulation that distinguishes it from existing patents or prior art.
2. How does the scope of AU2012368818 compare to similar international patents?
Australian claims are generally crafted to align with global patent structures but must adhere to local law, potentially leading to narrower or broader coverage depending on patent prosecution outcomes.
3. Can competitors still produce similar drugs without infringing this patent?
Yes, if they develop compounds or methods outside its scope—by designing around structural features, alternative formulations, or different indications.
4. How long does the patent protection last in Australia?
Typically 20 years from the filing date, subject to maintenance fees; expiry can be extended if regulatory delays apply.
5. What challenges could potentially invalidate AU2012368818?
Prior art disclosures, obviousness arguments, or lack of inventive step, especially if similar compounds or uses are well-documented before the filing date.
References
- Patent AU2012368818 official document (grant details and claims).
- Australian Patent Office guidelines on patentability and claim interpretation.
- Global patent databases (e.g., Espacenet, IP Australia) for related filings and family members.
- Scientific literature on similar therapeutics or compounds.
