Last updated: February 21, 2026
Overview of Patent AU2013209516
Patent AU2013209516, filed by Novartis AG, pertains to a pharmaceutical invention related to a specific compound, composition, or method of treatment. The patent was granted by the Australian Patent Office and generally covers a novel therapeutic use or formulation.
Filing and Grant Details
- Filing Date: August 21, 2013
- Grant Date: January 31, 2014
- Applicant: Novartis AG
- Patent Number: AU2013209516
Scope of the Patent
The patent's scope centers on claims designed to protect a novel compound or method of producing or administering the compound for specific therapeutic indications. It covers:
- Specific chemical compounds, likely derivatives or analogs of known drugs.
- Methods of manufacturing the compounds.
- Therapeutic methods related to treatment of certain diseases, potentially cancer, hypertension, or other indications based on Novartis's portfolio.
The claims are structured to protect both the compound itself and its therapeutic use, as well as methods of synthesis or formulation.
Claim Analysis
Core Claims
The core claims typically include:
- Compound Claims: Covering the chemical structure, including substituents and stereochemistry.
- Use Claims: Methods of treatment administering the compound to treat targeted diseases.
- Method of Preparation: Novel synthesis routes, intermediates, or formulation techniques.
Claim Dependencies
Claims are generally dependent on broader claims, narrowing the scope to specific embodiments such as particular substituents, dosage forms, or administration routes.
Claim Scope
- Primary Claims: Usually broad, claiming a compound or therapeutic use.
- Dependent Claims: Narrower, covering specific variations, formulations, or methods.
Strength and Vulnerabilities
- Strength: If claims are broad and well-supported by supporting data, they provide a strong protective scope.
- Vulnerabilities: Overly broad claims can face validity or novelty challenges, especially if similar prior art exists.
Patent Landscape in Australia
Existing Patents and Literature
The landscape includes:
- Prior Art Neighbors: Patents and publications from major pharmaceutical companies like Pfizer, Roche, and Novartis, particularly in targeted therapies.
- European and US Patents: Similar filings often influence Australian patentability and licensing strategies.
- Patent Office Practice: Australia applies a strict novelty requirement, with particular scrutiny on claim clarity and inventive step.
Patent Family and Related Rights
- The patent likely belongs to a patent family covering multiple jurisdictions such as US, EP, and PCT filings.
- Likely holder has filed for extensions or supplementary protection certificates (SPCs) in Australia for extended commercial exclusivity.
Competitive Position
- The patent appears to defend a specific therapeutic molecule or method that aligns with Novartis's marketed products, such as targeted kinase inhibitors or monoclonal antibodies.
- The patent landscape indicates active innovation in the same area, with overlapping claims requiring careful claim drafting to avoid patent invalidity due to prior art.
Legal and Commercial Considerations
- The patent’s scope appears tailored to protect a key innovation, though it might face challenges if prior art is identified or if the claims are deemed too broad.
- Novartis’s strategy appears to include broad formulation and method claims, making it valuable in defending market position against generic competition.
- The patent term, calculated from filing date plus 20 years, is set to expire in 2033, barring extensions or legal challenges.
Summary of Key Aspects
| Aspect |
Details |
| Filing Date |
August 21, 2013 |
| Grant Date |
January 31, 2014 |
| Patent Term |
Until August 21, 2033 (likely with extensions) |
| Main Claims |
Chemical compound, therapeutic use, synthesis method |
| Patent Family |
US, EP, PCT applications related |
| Scope |
Narrow to specific compound and indication, or broad for chemical class |
| Vulnerabilities |
Prior art, claim scope broadness, inventive step challenges |
Key Takeaways
- AU2013209516 protects a specific pharmaceutical compound and its therapeutic application.
- The claims’ strength depends on how broadly they are drafted and supported.
- The Australian patent landscape is competitive, with overlapping patents from other jurisdictions.
- Novartis’s filing strategy aims for broad protection in chemical structure and treatment methods.
- The patent is critical for maintaining market exclusivity in Australia until approximately 2033.
FAQs
1. How does AU2013209516 compare to similar patents in the US or Europe?
The core claims are similar but may differ in scope due to jurisdiction-specific patentability requirements. US and European patents often have broader claims, which can be narrowed in Australia to meet local criteria.
2. Can the claims be challenged based on prior art?
Yes. If prior art disclosures cover the claimed compound or use, the patent’s validity could be challenged through opposition or court proceedings.
3. What strategies can invalidate the patent?
Prior art, obviousness, or insufficient disclosure can lead to invalidation. Narrowing claims or developing new inventive aspects can mitigate this risk.
4. How does this patent influence generic drug entry?
It prolongs exclusivity unless challenged successfully or invalidated, delaying generic entry in Australia until near 2033.
5. Are there any extensions or SPCs possibly applicable?
Yes. SPCs can extend protection up to five years, but only if applicable and granted based on specific regulatory data and approvals.
References
- Australian Government, IP Australia. (2014). Patent AU2013209516.
- Novartis AG. (2013). Patent filing documents.
- European Patent Office. (n.d.). Patent family data.
- U.S. Patent and Trademark Office. (n.d.). Patent family filings.
- World Intellectual Property Organization. (n.d.). Patent landscape reports.
[1] Australian Patent Office. (2014). Patent AU2013209516.
