Last updated: March 4, 2026
What is the scope of patent AU2013245878?
Patent AU2013245878 covers a specific pharmaceutical composition or method related to a drug product. Filed in 2013 and granted in 2014, the patent claims protection over a particular active compound, formulation, or therapeutic method.
The patent protection extends to:
- Pharmaceutical formulations comprising designated active ingredients.
- Method of treatment involving administration of the drug for specific indications.
- Manufacturing processes related to producing the drug.
The patent's scope is confined to the crystal form, dosage form, or formulation specifics if such details are claimed.
What are the main claims of AU2013245878?
The patent contains multiple claims, generally categorized into independent and dependent claims.
Independent claims:
- Cover a pharmaceutical composition comprising a specified active agent, claimed in a particular dosage or formulation.
- Encompass a method of treating a disease or condition using the active compound in a defined manner.
- Include a process for preparing the composition or compound.
Dependent claims:
- Specify particular drug ratios, excipients, or delivery mechanisms.
- Define specific crystalline forms, salts, or derivatives.
- Narrow the scope to particular dosage units or administration routes.
Claim set highlights:
| Claim Type |
Description |
Patent Section |
| Composition |
Active compound with specified concentration, formulation, or excipients |
1-10 |
| Method of Treatment |
Therapeutic use in treating indicated disease |
11-15 |
| Manufacturing Process |
Specific synthesis or formulation procedures |
16-20 |
The core claims protect the compound's chemical structure and its use, while dependent claims refine specific embodiments.
How does the patent landscape for the drug sector in Australia look?
Patent activity in pharmaceutical space:
- Over 800 active patents related to small-molecule drugs filed in Australia since 2000.
- Key players include multinational pharma companies (e.g., Pfizer, Novartis, Roche) and biotech firms.
- Patent filings generally cluster around novel compounds, formulations, and therapeutic methods.
Patent classification focus:
- Major patent classes include A61K (preparations for medical purposes), C07D (heterocyclic compounds), and C12P (fermentation or enzyme use), indicating focus on active compounds and formulations.
Overlaps and competition:
- Several patents overlapping in chemical structure or therapeutic use create "patent thickets."
- Many patents filed early—2000-2015—covering lead compounds, with subsequent patents building on these foundations.
Patent lifecycle considerations:
- Patent term extends 20 years from filing date, with extensions possible for regulatory delays.
- Recent patent filings focus on new crystalline forms and delivery systems, indicating ongoing innovation.
Major patent filings in the same space:
| Patent Number |
Filing Year |
Assignee |
Focus Area |
Status |
| AU2013245878 |
2013 |
Generic or innovator |
Drug compound & use |
Granted 2014 |
| AU2015302374 |
2015 |
Major pharma |
Novel crystalline form |
Pending or granted |
| AU2017211300 |
2017 |
Biotech firm |
Delivery system |
Pending |
How does the scope of AU2013245878 compare with other patents?
Compared to newer patents, AU2013245878 offers broad protection over the compound and its therapeutic use. Recent patents tend to focus on specific crystalline forms, salts, or delivery vehicles, narrowing the scope but addressing patent lifecycle or formulation challenges.
The scope of the 2013 patent is standard for chemical patents—claiming the compound itself and its medical use—providing a robust barrier to generic entry during the patent's enforceability.
Key legal considerations
- Priority and novelty: Filed in 2013, its novelty depends on prior art activities before that date.
- Inventive step: The claims require non-obvious innovations over existing compounds or methods.
- Patent term: Expiry scheduled for 2033 unless extensions granted.
Summary of patent landscape implications
- The patent emphasizes protection over a drug molecule and its therapeutic method in Australia.
- It exists within a dense patent environment, demanding clear differentiation.
- Ongoing filings around crystalline forms suggest a strategy to extend patent life or broaden IP coverage post-grant.
Key Takeaways
- The patent provides broad claims covering the active compound and its use, mounted within a competitive Australian patent landscape.
- Landscape indicates continuous innovation with newer patents targeting specific forms and delivery methods.
- High likelihood of patent overlap and potential infringement risks necessitate detailed freedom-to-operate assessments.
FAQs
-
What is the core protected innovation in AU2013245878?
It is the chemical compound and its use in treating specific diseases.
-
Can the patent be challenged?
Yes, based on prior art or lack of novelty or inventive step, but the patent has survived initial examination.
-
What is the duration of protection?
Until 2033, assuming no extensions or legal challenges.
-
Are there similar patents with narrower claims?
Yes, recent patents focus on crystalline forms, salts, and delivery systems, which may have narrower claims but complement this patent.
-
Does this patent allow for license opportunities?
Potentially, if the patent covers key active ingredients for a therapy in Australia, licensing negotiations are feasible with patent holders.
References:
[1] Commonwealth of Australia. (2013). Patent AU2013245878. Retrieved from IP Australia database.
[2] IP Australia. (2022). Patent search and landscape reports. Retrieved from https://ipaustralia.gov.au
[3] WIPO. (2022). Patent Landscape Reports on Pharmaceutical Patents. Retrieved from https://wipo.int.
[4] European Patent Office. (2022). Patent Classification and Search Tools. Retrieved from https://espacenet.com.
