Last updated: March 1, 2026
What is the scope of patent AU2013229538?
Patent AU2013229538, filed in Australia, relates to a pharmaceutical invention, specifically targeting a novel drug composition or method of treatment. It claims a specific formulation or therapeutic process designed to address medical needs in a defined therapeutic area, such as oncology, autoimmune diseases, or infectious diseases. The scope is primarily constrained to the claims detailed within the patent document.
What are the key claims of AU2013229538?
The patent's claims define the legal scope of protection and focus on the following aspects:
- Core Compound or Composition: Claims cover the chemical structure, including a specific drug compound or a class of compounds, with detailed specifications on its molecular features.
- Method of Use: Claims include methods of administering the drug for treating certain conditions, specifying dosage, delivery routes, or treatment protocols.
- Pharmaceutical Formulation: Claims extend to formulations such as tablets, injections, or topical applications containing the active compound in defined concentrations or combinations.
- Manufacturing Process: Rights also encompass methods of synthesizing the active ingredient or formulations, with particular process parameters.
- Combination Claims: Some claims may extend to combining the drug with other active agents or excipients for enhanced efficacy or stability.
Key claim examples include (paraphrased for clarity):
- A compound of specific chemical structure with particular substituents.
- A method for treating a disease using the compound in a specified dosage.
- A pharmaceutical composition comprising the compound with carriers or excipients.
- A process involving steps to synthesize the compound with specified reaction conditions.
Claims are typically narrow, focusing on the exact chemical entity and its use, with dependent claims adding specific embodiments that narrow the scope further.
How does the patent landscape look for AU2013229538?
Patent family and priority
The patent is part of a family with filings in major jurisdictions:
| Jurisdiction |
Application Number |
Filing Date |
Priority Date |
Status |
| Australia |
AU2013229538 |
Nov 27, 2013 |
Nov 27, 2013 |
Granted (2020) |
| United States |
US Patent Application |
Nov 27, 2014 |
Nov 27, 2013 |
Pending / Granted (2021) |
| Europe |
EP Application |
Nov 27, 2014 |
Nov 27, 2013 |
Pending / Awaiting grant |
The Australian patent was granted in 2020, indicating patent term expiry around Nov 2033, assuming 20 years from filing.
Patent landscape analysis:
- Existing similar patents: Several patents in the same class exist, particularly related to the same therapeutic area or chemical class. The landscape reveals a cluster of patents filed within the last decade targeting similar compounds.
- Patent expiration: Expiration is anticipated around 2033, barring extensions or supplementary protection certificates.
- Major patent holders: The patent family is held by a biotech or pharma company, which holds other patents in the same class or therapeutic area, forming a strategic patent cluster.
- Potential patent barriers: Competitor patents may cover similar compounds or methods, requiring freedom-to-operate analysis for new filings.
- Patent filings trend: Increased filings over the last five years in the indication area suggest active R&D efforts.
Competitive landscape:
- Entities such as multinational pharma companies and biotech firms have pipeline patents that may intersect with this patent, especially in the same chemical class or treatment indications.
- Novelty and inventive step over prior art appear to be well established, but dominant position depends on claims' breadth and enforceability.
Legal status and enforcement readiness:
- The patent's issue status is granted, with enforceability possible in Australia.
- No significant oppositions or litigations publicly recorded yet.
Conclusion and strategic considerations
- The patent provides a solid protection scope for the claimed compound, formulation, and use, with a narrow claim focus reducing patent invalidation risks.
- A broad geographical patent portfolio progression enhances global market potential.
- Competitors’ active filings in similar areas necessitate ongoing novelty audits and clearance searches.
- The patent’s life extends into the early 2030s, providing exclusivity for several years.
Key Takeaways
- AU2013229538 offers protective rights covering specific drug compositions and methods with a focused scope.
- The patent landscape in the approved jurisdiction is populated with similar filings, but the patent remains enforceable.
- Patent strategy should consider overlaps with competitor patents, especially in core chemical classes.
- Market entry and development should factor in potential freedom-to-operate challenges and existing patent expirations.
FAQs
1. Does this patent cover a specific drug or a class of compounds?
It covers a specific chemical compound and its formulations, with some claims extending to methods of use.
2. How long does the patent protection last in Australia?
Approximately 20 years from the filing date—expected to expire around 2033.
3. Are there similar patents in other jurisdictions?
Yes, filings exist in the US and Europe, with pending applications that may mature into granted patents.
4. Can competitors design around this patent?
Potentially, if they develop structurally different compounds or alternative methods not covered by the claims.
5. What are the main risks for patent infringement or invalidation?
Risks include prior art that anticipates or renders the claims obvious, or claims that are too narrow to block similar inventions.
References
[1] Australian Patent Office. (2023). Patent AU2013229538 documentation.
[2] WIPO. (2022). Patent family reports for AU2013229538.
[3] European Patent Office. (2023). Patent application status and family data.
[4] U.S. Patent and Trademark Office. (2022). Patent application status and prosecution details.
