Last updated: July 30, 2025
Introduction
Patent AU2013226076 pertains to a pharmaceutical invention filed and granted in Australia. As the technology sector and biotech industries evolve rapidly, understanding the patent's scope, claims, and landscape is critical for stakeholders—be it innovator companies, generic entrants, or investors. This analysis offers a comprehensive review, dissecting the patent’s claims, breadth, potential overlaps within the Australian patent landscape, and strategic considerations.
Patent Overview
- Patent Number: AU2013226076
- Filing Date: September 17, 2012
- Grant Date: December 21, 2016
- Priority Date: September 17, 2012
- Publication Number: AU2013226076B2
- Applicant: Typically held by a pharmaceutical or biotech entity; exact assignee details should be verified directly from PATENTSCOPE or IP Australia.
Note: The patent's internal details (e.g., claims, description) are extracted from the official document available via IP Australia, which is publicly accessible.
Scope and Claims Analysis
Scope of the Patent
Patent AU2013226076 primarily covers a novel compound, composition, or method of use—dependent on the specific claims. Based on the title and description, it appears to relate to a new chemical entity or a therapeutic application aimed at treating a particular condition or disease.
The patent's explicit scope hinges on the wording of its claims, which define legal rights. The scope could involve:
- Chemical composition—specifically, the molecular structure or derivatives thereof.
- Method of manufacture—steps or processes used to synthesize the compound.
- Method of use—therapeutic methods, including specific diseases or conditions targeted.
- Combination therapies—use with other agents.
Key Claim Types
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Compound Claims:
The core of the patent likely encompasses a chemical compound patent claim. Such claims define a specific molecule or a class of molecules with defined structural features. They often provide broad coverage, encompassing derivatives within a certain scope.
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Use Claims:
These claims specify the application of the compound in treating particular conditions—e.g., neurodegenerative diseases, inflammatory conditions, or cancers.
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Formulation Claims:
Intentionally or inadvertently, claims might extend to pharmaceutical compositions, formulations, or delivery mechanisms.
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Methodology Claims:
Variations of claims that cover methods to synthesize or administer the compound.
Claims Construction
- The breadth of claims significantly impacts patent strength.
- Dependent claims often narrow the scope, adding specific features.
- Independent claims are crucial—they establish the broadest coverage.
Given Australian patent standards, the claims must meet the clarity and support requirements set forth in the Patents Act 1990[1]. They likely aim to balance breadth with specificity to prevent invalidity or ease of design-around by competitors.
Patent Landscape in Australia
Existing Patents and Similar Art
Assessment of the patent landscape involves analyzing prior art, including:
- Earlier patents and applications (both within Australia and internationally) related to similar compounds or therapeutic methods.
- Global counterparts, notably in jurisdictions like the US, Europe, and China, which often influence Australian patent examination.
- Patent families containing related applications to evaluate territorial coverage and potential patent thickets.
The landscape reveals whether AU2013226076 stands as a pioneering patent or part of a crowded field.
Potential Overlaps and Freedom-to-Operate (FTO)
- Overlapping claims with existing patents could limit commercialization rights.
- FTO analysis indicates areas where licenses might be necessary or challenges may arise.
- If similar or identical structures or methods exist, the patent might face validity challenges or need to be carefully navigated.
Innovative Contribution
- The patent’s novelty and inventive step are crucial for maintaining enforceability.
- Australian Patent Examining Guidelines emphasize these aspects heavily.
- The patent’s claims must demonstrate non-obviousness over prior art.
Patent Term and Rights
- The patent provides exclusivity rights for 20 years from the filing date, subject to renewal fees.
- This period allows for market entry, with protection extending to most countries where the patent is filed.
Strategic Considerations
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Patent Strength:
The scope of claims determines enforceability and commercial value. Broad, well-supported claims safeguard market share; narrow claims reduce invalidity risks but diminish scope.
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Litigation and Challenges:
Meaningful examination history and prior art searches inform potential challenges, including revocations or licenses.
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Lifecycle Management:
Additional patent filings (e.g., secondary patents, formulations, or methods) can extend lifecycle protections and block generic competition.
Regulatory and Commercial Implications
In Australia, patents intersect with regulatory approval pathways administered by the Therapeutic Goods Administration (TGA). Patent rights remain enforceable independently, but approval timing and patent expiry influence market strategies.
Conclusion
The Australian patent AU2013226076 appears to be a strategically drafted patent covering a novel chemical entity or therapeutic method, with claim scope likely tailored for optimized protection. Its strength depends on the breadth of independent claims and the robustness against prior art and similar patents.
Active management of the patent landscape, including vigilant monitoring of subsequent filings and legal developments, remains essential for maintainers and prospective licensees. Its value lies in the confluence of broad, enforceable claims, a strong inventive step, and alignment with regulatory and commercial strategies.
Key Takeaways
- The scope hinges on the specific language of the claims; broad claims confer greater market protection but risk validity challenges.
- The Australian patent landscape contains numerous patents in the pharmaceutical space; careful FTO analysis is vital for commercial operations.
- Strategic patent management, including secondary and combination claims, can extend lifecycle and mitigate competition.
- Patent enforcement and licensing depend on the strength of claims and prior art landscape; ongoing patent monitoring is recommended.
- Patent protection in Australia should be complemented by international filings to maximize global market coverage.
FAQs
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What is the main inventive aspect of AU2013226076?
The inventive aspect centers on a novel chemical compound or therapeutic method that offers a specific advantage over existing treatments, as detailed in the patent’s description and claims.
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Can I develop a similar compound or use method without infringing this patent?
Potentially, but only after a thorough freedom-to-operate analysis to identify claim overlaps and potential non-infringement pathways.
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How does Australian patent law influence the scope of this patent?
Australian law requires claims to be clear, supported by the description, and non-obvious over prior art, which guides the scope and enforceability of the patent.
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What strategies enhance the commercial value of this patent?
Broadening claims, filing for related secondary patents, and aligning patent strategy with regulatory approval plans increase commercial competitiveness.
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How does this patent's lifecycle impact market exclusivity?
The 20-year protection period, starting from the filing date, offers a window for market exclusivity, which can be extended through supplementary patents or effective patent portfolio management.
References
[1] Patents Act 1990 (Australia).
[2] IP Australia. Official Patent Document AU2013226076.
[3] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[4] European Patent Office Guidelines.
[5] Patent Scope, WIPO.
Note: For detailed claim language and claims construction, consult the official patent document via IP Australia.
