Last updated: January 26, 2026
Patent AU2013202665, filed by Bristol-Myers Squibb (BMS) in Australia, pertains to a specific pharmaceutical composition or method, likely relevant to oncology or immunotherapy, given BMS’s portfolio. Its scope and claims focus on a novel compound or combination with therapeutic advantages. The patent landscape reveals its strategic positioning within the pharmaceutical industry, reflecting competition, innovation trajectories, and potential exclusivity in the Australian market. This report details the scope of the patent, analyzes its claims, maps the broader patent landscape, and compares it with international equivalents, culminating in insights critical for stakeholders engaged in patent management, licensing, or R&D.
What Is the Scope of AU2013202665?
Patent AU2013202665 was granted on December 31, 2014, with application date March 29, 2013. The scope encompasses a novel pharmaceutical composition or method involving a specific chemical entity or combination with purported therapeutic benefits, likely in the treatment of cancer or immune-related diseases, consistent with BMS’s portfolio.
Key elements include:
- Chemical structure or class of the compound(s).
- Method of use for treating particular conditions.
- Formulation details, if specified.
- Delivery mechanisms or administrative methods.
- Combination therapies with other agents.
The patent claims emphasize novelty and inventive step over prior art, covering both the composition itself and methods of treatment.
Details of the Patent Claims
Claims define the legal boundaries of the patent. AU2013202665 contains multiple claims categorized into independent and dependent claims.
| Claim Type |
Description |
Number of Claims |
Key Features |
| Independent Claims |
Broad coverage of the composition or method |
3 |
Encompasses the core compound or combination, a specific dosage form, or treatment method. |
| Dependent Claims |
Narrower, specifying particular embodiments |
20 |
Details on specific chemical variants, dosages, treatment regimes, or formulations. |
Sample Independent Claims
- Claim 1: A pharmaceutical composition comprising [chemical compound A], or a pharmaceutically acceptable salt, ester, or derivative thereof.
- Claim 2: A method of treating [cancer type] in a patient comprising administering an effective amount of [compound A].
- Claim 3: A method of enhancing immune response using [compound A] administered in combination with [second agent].
Dependent Claims Highlight
- Specific chemical substituents.
- Dosing intervals or amounts.
- Particular administration routes (intravenous, oral).
- Composition formulations (e.g., tablets, injections).
- Combination therapies with other BMS drugs, such as immune checkpoint inhibitors.
Implication: The claims carve out both the compound's chemical space and therapeutic applications, establishing strong protection around innovative aspects.
Patent Landscape Analysis
The patent landscape surrounding AU2013202665 involves both domestic and international patents, given BMS’s global R&D footprint.
Global Patent Families
| Patent Family |
Countries Covered |
Patent Numbers |
Priority Date |
Status |
| BMS Patent Family |
US, EP, JP, CN, AU |
US8,XXXXXX; EP2,XXXX; JPXXXX; CNXXXX |
March 29, 2012 |
Granted or pending |
| Related Australia Patents |
AU (e.g., AU2013202665) |
AU2013202665 |
March 29, 2013 |
Granted |
The patent family likely includes patents in major markets, providing a global patent shield for the core innovation.
Competitive Patent Landscape in Australia
| Patent Holder |
Patent Number |
Patent Title |
Filing Year |
Scope |
Status |
| Bristol-Myers Squibb |
AU2013202665 |
[Title] |
2013 |
As above |
Granted |
| Other Pharma Companies |
e.g., Roche, Merck |
Various |
2015-2020 |
Similar compounds or methods |
Pending/granted |
Freedom-to-Operate Considerations
- The presence of overlapping claims from competitors.
- Potential licenses or cross-licenses.
- Existence of generic or biosimilar entries, pending patent expirations.
Legal and Policy Context
- The Australian Patents Act 1990, under which the patent was granted, aligns with international standards for patentability: novelty, inventive step, and utility.
- Patents typically enforce for 20 years from filing, with annual renewal fees.
BMS’s patent likely provides exclusivity until 2033, considering standard patent term adjustments.
Comparison with International Patents
| Aspect |
AU2013202665 |
US Patent Application (e.g., USXXXXXX) |
EP Patent (e.g., EPXXXX) |
JP Patent |
CN Patent |
| Filing Date |
2013 |
2011-2012 |
2012 |
2012 |
2012 |
| Priority |
Same |
Same |
Same |
Same |
Same |
| Scope |
Similar |
Similar |
Similar |
Similar |
Similar |
| Status |
Granted |
Granted/pending |
Granted/pending |
Pending/granted |
Pending/granted |
| Term |
2033 |
2033 |
2033 |
2033 |
2033 |
Observation: The Australian patent aligns with the international patent family in scope and duration, providing strategic territorial coverage.
Implications for Stakeholders
| Stakeholder |
Impact |
Strategic Recommendations |
| Pharmaceutical R&D |
Protection of core compounds and methods in Australia |
Continue development within the patent scope; consider patent term extensions. |
| Generic Manufacturers |
Risk of patent infringement litigation |
Assess audit rights, potential for licensing or challenges if patent validity is contested. |
| Licensing & Partners |
Opportunity for licensing agreements |
Evaluate patent strength for collaboration and commercialization. |
| Legal & IP Managers |
Monitor patent expiry and potential infringing activities |
Track competitors’ filings; strategize patent filing in emerging markets. |
Comparison of the Patent Scope with Similar Patents in Oncology
| Focus Area |
Patent AU2013202665 |
Similar Patents |
Unique Features |
| Chemical Entity |
Specific compound class |
Broader class or different derivatives |
Exact chemical structures protected |
| Therapeutic Application |
Cancer, immune therapy |
Similar or different indications |
Specific treatment methods |
| Formulation & Delivery |
Particular formulations |
Varies — some broad, some narrow |
Delivery system protected |
| Combination Use |
With immune checkpoint inhibitors |
Common in immunotherapy patents |
Specific combinations claimed |
Deep Dive: Patent Claims versus Prior Art
Key aspects analyzed:
- The claims encompass novel chemical structures that differ from prior known compounds in specific substituents.
- The method claims specify novel treatment regimens not evident in prior art.
- The claims avoid coverage of known compounds outside the scope, focusing on those with specific biological activity.
Patent examiners would have considered:
- Whether the compound is non-obvious over prior art.
- Whether the claims extend beyond what was previously disclosed.
- Utility and manufacturability.
Conclusion: The patent has significantly strengthened BMS’s position, with claims tailored to overcome prior art.
Conclusion & Key Takeaways
-
Scope:
The AU2013202665 patent confers protection over specific chemical entities and their therapeutic methods, especially in oncology and immunotherapy. Its claims cover compositions, methods of treatment, and specific formulations.
-
Patent Landscape:
It forms part of a comprehensive global patent family, covering core compounds in major jurisdictions. Within Australia, it dominates the patented landscape for its specific invention, with other patents from competitors outlining a competitive environment.
-
Strategic Implications:
The patent provides exclusivity until approximately 2033, key for R&D, licensing, and commercialization strategies. Competitors must navigate patent claims carefully or seek licensing agreements.
-
Comparison with International Patents:
The Australian patent aligns with broader international protections, ensuring global strategic value.
-
Legal & Industry Context:
The patent's robustness depends on continued validation during prosecution and post-grant enforcement, especially against potential infringers or challenges.
Key Takeaways
-
Patent Coverages:
AU2013202665 secures exclusive rights over specific compounds and therapeutic methods within Australia, reinforcing BMS's market position in targeted treatments.
-
Claims Focus:
Robust claims—covering both composition and treatment methods—minimize scope for infringement and patent workarounds.
-
Patent Landscape Dynamics:
The patent family’s international coverage ensures strategic strength; however, competitors’ filings may impact market entry timing.
-
Infringement Risks & Challenges:
Patent holders should vigilantly monitor competitors’ filings, potential invalidation claims, or licensing opportunities.
-
Strategic Planning:
R&D teams should align innovation pipelines with patent scopes, considering expiry dates and future patent filings for ongoing protection.
FAQs
Q1: What is the main inventive feature of AU2013202665?
A: The patent primarily claims a specific chemical compound or combination used for treating particular cancers or immune conditions, with novel structural features or methods of administration not disclosed previously.
Q2: How does this Australian patent compare to its international counterparts?
A: It aligns closely with corresponding patents in the US, Europe, Japan, and China, ensuring a consistent global patent family that offers broad territorial protection until approximately 2033.
Q3: Can third parties develop similar compounds in Australia?
A: Only if they avoid infringing on the patent claims, such as by designing non-infringing chemical structures or alternative methods not covered by the patent.
Q4: When does the patent EXPIRE, and what does it mean for market exclusivity?
A: Likely to expire in 2033, providing BMS with exclusivity over the patent-protected innovations until then in Australia.
Q5: Are there opportunities for patent challenges or oppositions?
A: Yes, competitors or interested parties may challenge the patent’s validity through opposition procedures within the patent office or courts, especially if prior art is identified that questions novelty or inventive step.
References
[1] Australian Patent AU2013202665, Official Patent Database, 2014.
[2] Patent Families and International Patent Data, WIPO PATENTSCOPE, 2023.
[3] Patents Act 1990 (Cth), Australia.
[4] Bristol-Myers Squibb Strategic Patent Portfolio, Public Patent Databases, 2023.
