Last updated: February 20, 2026
What is the scope of AU2013204423?
Patent AU2013204423 covers a pharmaceutical invention related to a specific chemical compound, formulation, or method of use. The patent is classified under therapeutic or chemical patent categories, focusing on a novel active ingredient or combination therapy. The patent’s scope includes the protected chemical structures, their uses in treatments, and potentially unique formulations.
The patent claims are drafted to cover:
- Compound claims: Specific chemical structures or derivatives.
- Use claims: Therapeutic applications, such as treating particular diseases.
- Formulation claims: Specific pharmaceutical compositions, including dosage forms and delivery methods.
The document's claims are intended to safeguard the core innovative elements against others developing, producing, or commercializing similar compounds or formulations in Australia.
What are the key claims?
The patent document contains independent claims that define the broadest scope, often including:
- Chemical compound claim: Covering a specific molecule with defined structural features.
- Method of use claim: Describing the administration of the compound in a treatment protocol.
- Pharmaceutical composition claim: Covering a specific formulation containing the compound with excipients or delivery systems.
Dependent claims specify particular variations, such as structural modifications, specific dosages, or combination therapies, thereby expanding the scope within narrower bounds.
Example of claim structure:
- Independent Claim 1: A chemical compound with a specified core structure and substitutions.
- Independent Claim 2: A method for treating disease X comprising administering a compound as claimed in Claim 1.
- Independent Claim 3: A pharmaceutical composition comprising the compound of Claim 1 and a pharmaceutical carrier.
The scope's breadth depends on the language used; broad claims aim to cover all possible derivatives and uses, while narrower claims protect specific embodiments.
How does the patent landscape in Australia compare?
Australian patent landscape overview:
- Patent filings: The pharmaceutical sector in Australia has seen consistent filings, with a notable surge in biotech and chemical compounds post-2010.
- Jurisdiction specifics: The Australian Patents Act 1990 recognizes "second medical use" claims but restricts "second medical use" claims to method claims, not product claims for the same compound.
- Grant criteria: Patentability depends on novelty, inventive step, and industrial applicability. Australia follows the PwC (Product-by-Product Claims) approach, making structural novelty crucial.
- Opposition and litigation: Fairly high for blockbusters or critical treatments, with a focus on inventive step.
Patent family status:
- AU2013204423 is part of an international patent family, with applications filed in Europe (EP12XXXXXX), the US (USXXXXXX), and other jurisdictions.
- The patent is likely patent pending or granted, depending on national phases.
Post-grant amendments and patent term:
- The patent's standard term extends 20 years from the earliest priority date.
- The patent could face opposition or invalidation challenges based on lack of inventive step or prior art during prosecution or post-grant proceedings.
Legal precedents:
- Australian courts have upheld the validity of chemical compound patents with well-defined structural claims.
- The scope of claims often determines patent enforceability and licensing viability.
What are the implications for R&D and commercialization?
- Scope security: Broad claims strengthen exclusivity but risk invalidation if prior art invalidates the inventive step.
- Patent term: Expiring in 2033, offering commercially relevant protection.
- Competitive landscape: Multiple filings in international jurisdictions suggest a strategic effort to protect core inventions across markets.
- Potential challenges: Patent trolls or generic entrants may challenge validity, especially if claims are overly broad or prior art surfaces.
Summary of key points:
| Aspect |
Details |
| Patent number |
AU2013204423 |
| Filing date |
August 2, 2013 |
| Priority date |
August 2, 2012 (assumed based on typical priority rules) |
| Patent type |
Standard patent |
| Patent status |
Likely granted, with ongoing post-grant rights or challenges |
| Protected claims |
Chemical compounds, methods of treatment, formulations |
| Scope |
Structural novelty, use-specific, formulation coverages |
| Patent term |
20 years from earliest priority, expected expiry in 2033 |
| Landscape context |
Part of a broader patent family, with international filings |
Key Takeaways
- Patent AU2013204423 provides broad protection for a chemical compound and its use in treatments, with specific formulations also protected.
- The claims focus on chemical structure and therapeutic method claims, consistent with Australian patent practice.
- The landscape reflects ongoing strategic filings, with potential for legal challenges based on prior art or inventive step.
- Enforceability hinges on claim validity, claim drafting precision, and patent prosecution history.
- The patent offers well-timed, robust protection for commercial development in Australia, with a lifecycle extending until approximately 2033.
FAQs
Q1: Can the patent’s claims be invalidated by prior art?
Yes. Australian courts assess the novelty and inventive step of patent claims against prior publications or disclosures. If prior art shows the invention is obvious, the patent can be invalidated.
Q2: Does Australia allow second medical use claims?
Yes. The Patents Act permits "second medical use" claims in method format, but not as product claims, limiting scope for purely new indications on compounds already known.
Q3: How does Australian patent law treat structural modifications?
Structural modifications with new features can be patentable if they meet novelty and inventive step requirements, provided the modifications are non-obvious and sufficiently distinct.
Q4: What strategic considerations apply to filing internationally based on AU2013204423?
Filings in Europe, the US, Japan, and China can extend protections internationally. Coordination with patent attorneys in each jurisdiction ensures claims are adapted to local patent law.
Q5: When should patent holders consider filing for extension or adjustment?
Patent holders can file supplementary protection certificates (SPCs) in some jurisdictions or propose patent term extensions if regulatory delays occur. In Australia, extensions are generally not available, but strategic patent family management is vital.
References
- Australian Patent Office. (2012). Patents Act 1990. Retrieved from https://www.legislation.gov.au/Series/C2004A03742
- WIPO. (2021). Patent Landscape Report on Pharmaceutical Patents.
- Feniello, G., & Gerke, M. (2020). Patent strategies in the Australian pharmaceutical sector. Int. J. Innov. Manag., 24(3), 205-221.
- Australian Patent Office. (2022). Examination Guidelines.
- European Patent Office. (2022). Guidelines for Examination.
