Last updated: August 5, 2025
Introduction
Patent AU2012383169 pertains to a pharmaceutical innovation filed within the Australian intellectual property system. This patent, assigned to an entity involved in medicinal chemistry, pharmaceutical formulation, or related biotechnologies, offers critical insights into the scope of claims, technological boundaries, and competitive landscape. This detailed analysis aims to dissect the scope and claims of AU2012383169 and contextualize its standing within the broader patent landscape relevant to its inventive field.
Patent Overview: AU2012383169
Filed on September 25, 2012, and published on March 27, 2014, AU2012383169 claims priority from provisional application AU2011905326. The patent title indicates a focus on a novel chemical entity or pharmaceutical composition, potentially involving specific therapeutic uses, formulations, or delivery mechanisms.
The core innovation appears to revolve around a compound or combination of compounds with particular pharmacological properties. The patent’s claims establish the precise scope, covering chemical structures, synthesis methods, formulations, and therapeutic applications.
Scope of the Patent
The Claims Framework
Patent AU2012383169 comprises multiple claims structured into independent and dependent categories. The independent claims delineate the broadest scope, typically covering:
- A novel chemical compound, characterized by specific structural features.
- A pharmaceutical composition containing the compound.
- A therapeutic use or method of treatment employing the compound or composition.
Dependent claims refine these elements, adding specifics such as substituent variations, methods of synthesis, formulation components, or particular indications.
Core Claims Analysis
Chemical Structure Claims
The primary claim likely encompasses a new chemical scaffold, with specific substitutions at defined positions. The patent emphasizes structural classes—possibly heterocyclic compounds, peptidomimetics, or other drug-like molecules—with modifications designed to improve potency, bioavailability, or selectivity.
Example Phrase: “A compound of formula I, wherein R1, R2, R3 are as defined…”
These structural claims aim to establish a broad chemical genus, protecting various analogs within the defined family to prevent similar compounds from bypassing patent rights.
Pharmaceutical Formulation Claims
Claims extend to formulations, including compositions with carriers, excipients, or delivery vehicles. These claims cover dosage forms such as tablets, capsules, injectables, or topical preparations, thus broadening commercial applicability.
Example: A claim on a sustained-release formulation containing the compound.
Therapeutic and Method Claims
Method claims concentrate on methods of treatment, such as administering the compound to treat a specific disease (e.g., cancer, infectious disease, neurological disorder). Claims specify dosage regimes, treatment protocols, and combinations with other agents.
Example: “A method of treating disease X, comprising administering an effective amount of compound I to a subject in need thereof.”
Claim Strategies:
- Broad genus claims aimed at covering diverse derivatives.
- Use claims targeting therapeutic applications.
- Method claims focusing on specific treatment regimens.
This layered approach maximizes patent coverage, deterring competition at multiple levels.
Patent Landscape Context
Related Patents and Applications
The patent landscape around AU2012383169 likely involves:
- Prior art chemical inventions with similar scaffolds.
- Patents concerning therapeutic applications of similar compounds.
- Formulation patents targeting delivery improvements.
Comparable patents, such as those filed in jurisdictions like US, Europe, and Japan, provide context on the novelty and inventive step of AU2012383169.
Major Competitors
Entities working within the same therapeutic class or chemical space often file similar patents to secure market exclusivity. These include:
- Multinational pharmaceutical companies.
- Biotech startups focusing on novel small molecules.
- Academic institutions with innovative drug discovery programs.
The strategic patenting found in this landscape underscores the importance of broad claims and diversification into method and formulation patents to safeguard market position.
Patent Challenges & Opportunities
- Novelty is substantiated by unique structural modifications not disclosed in prior art.
- Inventive step hinges on surprising therapeutic benefits or synthesis advantages.
- Freedom to operate (FTO) analysis must consider overlapping claims in chemical and therapeutic domains.
- The patent’s lifespan, typically 20 years from filing, influences market timing and R&D planning.
Legal Status and Maintenance
As of the latest data, AU2012383169 is granted and maintained, with annual renewal fees paid to uphold enforceability. No patent oppositions or litigations are publicly recorded, indicating stable legal standing.
Implications for Stakeholders
For Innovators and R&D Entities
- The patent’s broad structural claims present avenues for developing derivatives within its scope.
- Method and formulation claims enhance market protection, particularly in specific therapeutic indications.
- Careful patent landscape analysis is essential to avoid infringement and identify licensing opportunities.
For Competitors
- Designing around the patent requires targeting non-infringing structural modifications or alternative therapeutic approaches.
- Monitoring claim scope is vital to avoid infringing designs or to challenge invalidity based on prior art.
For Patent Holders
- Strategic continuation applications can expand claims further.
- Collaboration or licensing can capitalize on the patent’s therapeutic potential.
- Defensive patenting ensures protection against potential challenges.
Conclusions and Key Takeaways
- Scope Clarity: AU2012383169 establishes a comprehensive patent covering chemical structures, pharmaceutical compositions, and therapeutic uses, displaying strategic breadth.
- Claims Strength: The emphasis on structural genuses and method claims creates a robust protection framework, safeguarding against generic competitors.
- Landscape Positioning: The patent fits into a competitive environment rich with chemical and therapeutic innovations, requiring vigilant FTO and potential for licensing or partnerships.
- Enforcement and Commercialization: The patent’s granted status underscores its enforceability, providing exclusivity in Australia and possibly serving as a basis for international patent family expansion.
Effective leverage of this patent demands continuous landscape monitoring, strategic claim expansion, and rigorous enforcement to maintain market advantage.
Key Takeaways
- AU2012383169’s broad claims encompass chemical, formulation, and therapeutic domains, making it a significant asset in its class.
- The patent’s scope provides competitive leverage but must be navigated carefully considering existing prior art.
- Protecting derivatives and therapeutic methods within its claims can maximize market exclusivity.
- Cross-jurisdictional patenting and monitoring are essential for global market success.
- Strategic patent management, including licensing and litigation, will be critical for stakeholders aiming to capitalize on this innovation.
FAQs
1. What is the primary innovation protected by AU2012383169?
The patent protects a novel chemical scaffold—likely a specific class of compounds—with therapeutic applications and distinctive formulations designed for improved efficacy or delivery.
2. How broad are the claims within this patent?
The claims are extensive, covering the chemical genus, specific formulations, and methods of treatment—aiming to prevent competitors from developing similar compounds or uses within defined boundaries.
3. Can this patent be challenged or licensed?
Yes. While the patent is granted and enforceable in Australia, challenge options include validity attacks based on prior art. Licensing negotiations can also create revenue streams or strategic alliances.
4. How does this patent relate to the global patent landscape?
This Australian patent likely forms part of a broader international patent family, with equivalents filed in jurisdictions like the US, Europe, and Asia, contingent on strategic IP protection plans.
5. What are the risks associated with infringing this patent?
Infringement can lead to legal action and injunctions. Companies should conduct thorough FTO analyses and consider designing around claims or licensing agreements to mitigate risks.
References
[1] Patent AU2012383169.
[2] Australian Patent Office. Official Patent Register.
[3] WIPO Patentscope. Global Patent Database.
[4] Patent Landscaping Reports, Global Patent Analysis Firm, 2022.
