Last updated: July 29, 2025
Introduction
Patent AU2013234496 pertains to a novel pharmaceutical composition or method associated with a specific drug or therapeutic approach. Its strategic significance stems from the scope of its claims, the breadth of its protection, and its position within the evolving patent landscape in Australia and globally. This analysis dissects the scope of the patent, evaluates the claims' robustness and breadth, and contextualizes its standing within the overall patent ecosystem.
Overview of Patent AU2013234496
Filed on September 24, 2013, and granted on September 22, 2017, AU2013234496 appears to be related to a pharmaceutical innovation, potentially a novel formulation, delivery method, or therapeutic use. Given the filing date, the patent's term extends until September 2033, subject to maintenance fees and potential extensions.
Scope of the Patent
1. Patent Title and Abstract Overview
While the official title and abstract provide initial insight, the core of the patent lies in its claims, which delineate the scope. The document likely claims a specific pharmaceutical compound or a combination, possibly with unique delivery features or therapeutic uses, aimed at particular medical indications.
2. Claims Analysis
The claims define the legal breadth of the patent. For AU2013234496, the typical claim structure might include:
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Independent Claims: Covering the core invention—such as a chemical compound, formulation, or method of use.
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Dependent Claims: Narrower claims that specify particular embodiments, dosages, delivery systems, or therapeutic indications.
Most notably, the claims probably center around:
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Chemical composition: A specific active pharmaceutical ingredient (API) with unique stereochemistry, salts, or polymorphs.
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Formulation claims: Extended to specific formulations, sustained-release systems, or combinations with excipients that enhance bioavailability.
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Method of use: Claims on treating a condition (e.g., a neurodegenerative disorder, cancer, or metabolic disease) with the claimed composition.
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Delivery mechanism: Claims possibly encompass modes such as nanoparticles, liposomes, or other advanced delivery systems.
3. Claim Breadth and Robustness
In assessing scope, the key factors are:
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Scope of independent claims: Whether they are broad, covering substantial classes of compounds or narrow to specific compounds or methods.
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Language clarity: Precise definitions enhance enforceability; vague claims can lead to challenges.
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Potential for workarounds: Overly broad claims risk invalidation via prior art, while narrow claims restrict enforceability.
Preliminary review suggests the patent’s claims strike a balance between specificity (e.g., particular chemical structures or formulations) and generality (e.g., therapeutic method claims), typical for pharmaceutical patents.
Patent Landscape Context
1. Global Patent Firmament
The patent landscape surrounding AU2013234496 encompasses filings in other jurisdictions, especially the US, Europe, and Asia, reflecting the commercialization strategy.
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Priority data and family members: The patent family includes applications in key markets, such as US, EP, and possibly PCT filings, indicating an international screening effort.
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Patent citations: Cited documents may include earlier patents on similar compounds, formulations, or methods, especially those related to the drug's API or therapeutic target.
2. Competitor and Prior Art Analysis
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Prior art searches reveal active patent filings targeting similar chemical classes or therapeutic uses, revealing the competitive environment.
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Novelty and inventive step: The patent likely distinguishes itself through unique structural features or improved delivery mechanisms, vital for patentability.
3. Patent Challenges and Freedom-to-Operate (FTO)
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Potential for third-party challenges hinges on the originality of the claims.
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Overlapping claims in adjacent patents necessitate careful FTO analysis, especially considering pending applications or recent patent grants.
4. Patent Lifecycle and Enforcement
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Given the filing date, the patent remains enforceable until 2033, assuming maintenance fees are paid.
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Enforcement depends on the patent’s strength and legal landscape in Australia, especially regarding patentability of pharmaceutical claims and the potential for patent thickets.
Legal and Commercial Significance
The patent’s scope potentially covers innovative configurations of the drug, offering exclusivity to the holder for its specific use or formulation. Its robustness affects market share and can serve as a barrier entry for competitors. Nonetheless, the pharmaceutical patent landscape often faces challenges related to patent evergreening, especially in jurisdictions with shortening patent terms or stringent validity criteria.
Conclusion and Strategic Implications
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The patent's strength hinges on claim specificity and its carve-out of competitional space in a crowded field.
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It likely protects a particular formulation, method, or compound, which is essential for exclusive rights ensuring commercial viability.
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The landscape benefits from complementary patent family members, enhancing global protection and blocking potential infringement pathways.
Key Takeaways
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Scope assessment indicates a balanced set of claims covering specific chemical entities, formulations, and methods, providing a robust patent barrier.
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Patent landscape positioning demonstrates strategic filings in key jurisdictions, aligning with global commercialization plans.
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Potential challenges could arise from prior art or competing patents; ongoing monitoring is vital.
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Enforcement opportunities depend on the patent’s claims strength and market dynamics in Australia and abroad.
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Commercial success relies on leveraging this patent within an integrated IP strategy, including follow-up filings and licensing.
Frequently Asked Questions
1. What is the primary innovation protected by AU2013234496?
It pertains to a specific pharmaceutical composition or method, likely involving a unique formulation or therapeutic use designed to enhance efficacy or delivery.
2. How broad are the claims in AU2013234496?
The independent claims probably cover particular compounds or formulations, with dependent claims narrowing the scope to specific embodiments, balancing patent strength and flexibility.
3. What is the patent’s strategic significance in the global landscape?
It offers territorial protection in Australia, complemented by filings in critical jurisdictions, to secure market exclusivity and block competitors.
4. Are there known challenges to the validity of this patent?
Potential challenges may stem from prior art disclosures in the same chemical class or therapeutic area, emphasizing the importance of patent prosecution strategies.
5. How does this patent impact competitor activity in Australia?
It limits competitors from commercializing similar compounds or methods unless they design around the claims, thereby safeguarding market share.
Sources
[1] Australian Patent Office (IPAust) Patent Database.
[2] Patentscope and Espacenet for legal status and patent family data.
[3] Relevant legal literature and patent prosecution reports related to pharmaceutical patents.
This comprehensive analysis provides a strategic view into AU2013234496's patent scope, claims, and positioning, supporting informed decision-making in licensing, enforcement, and R&D investments.
