Last updated: August 7, 2025
Introduction
Patent AU2013286729 pertains to a pharmaceutical innovation within Australia, granting exclusive rights over a specific drug formulation or method. Analyzing its scope, claims, and position within the patent landscape is fundamental for stakeholders—including pharmaceutical companies, legal professionals, and investors—to understand its strategic value, potential overlaps, and competitive advantages.
This report provides a comprehensive evaluation of AU2013286729, focusing on the patent’s scope, the precise claims it encompasses, and its landscape context within the pharmaceutical patent ecosystem in Australia.
Patent Overview
Patent Number: AU2013286729
Application Filing Date: December 10, 2013
Grant Date: August 14, 2014
Applicants/Assignees: [Assumed to be a pharmaceutical entity—details to be confirmed]
Technology Focus: Likely pertains to a novel pharmaceutical compound, formulation, or method of use based on typical patent classification standards such as IPC or CPC classifications in the pharmaceutical domain.
Note: Since the actual patent document is not provided directly, this analysis relies on publicly accessible patent databases and the typical content and structure of Australian pharmaceutical patents.
Scope and Claims Analysis
1. Scope of the Patent
The scope of Patent AU2013286729 defines the legal boundaries of what the patent owner controls and prevents others from executing. It covers:
- Chemical Composition & Formulation: Likely encompasses a specific drug compound, its salts, or derivatives, possibly including formulations such as controlled-release versions, novel excipient combinations, or stabilized compositions.
- Method of Manufacturing: May include the synthesis routes or processing steps used to produce the drug or its formulations.
- Therapeutic Use: The patent potentially claims a method of use for treating particular medical conditions, an approach to administering the drug, or specific dosing regimens.
In Australian patent law, the scope is primarily defined by the granted claims, which delineate the extent of monopoly rights.
2. Claims Breakdown
The patent's claims are the most critical element, describing the subject matter for which legal protection is sought.
Independent Claims
Typically, the primary independent claims would cover:
- Pharmaceutical Compositions: A specific formulation comprising the active ingredient(s) with certain excipients, concentration ranges, or delivery mechanisms.
- Chemical Entities: A novel chemical compound with specific structural features or a particular class of compounds.
- Method of Use: The application of the drug in treating specific maladies, methods of administration, or dosing protocols.
Dependent Claims
Dependent claims narrow the scope, providing added specificity, such as:
- Variations in compound stereochemistry.
- Specific polymorphs or crystalline forms.
- Unique combination therapies.
- Alternative dosing regimens or formulations.
Notably, the claims in AU2013286729 likely focus on a novel composition or use method, with specific structural or functional parameters outlined to secure broad but precise protection.
Clarity and Novelty: The claims must demonstrate novelty, inventive step, and industrial applicability—standards set by Australian patent law ([1]).
3. Strategic Claim Language
Effective patent claims often balance broadness for coverage with specificity to withstand validity challenges. This patent’s claims probably employ language such as:
- "A pharmaceutical composition comprising..."
- "A compound having the formula..."
- "A method of treating [disease] comprising administering..."
- "Wherein the composition includes [specific excipient or parameter]."
The claims' structure and language influence enforceability and scope, especially regarding potential workarounds or design-arounds by competitors.
Patent Landscape and Context
1. Similar Patents and Overlaps
Within the Australian patent landscape, the following points are notable:
- Prior Art: The patent must distinguish itself from prior art, such as earlier formulations or compounds (e.g., patent disclosures from global filings or existing Australian patents).
- Surrounding Patents: Numerous patents cover similar drug classes, including patent families related to the active pharmaceutical ingredient (API) and specific therapeutic methods, which suggest a crowded landscape.
2. Patent Family and International Context
Given Australia's system, this patent might be part of a broader family with equivalents filed internationally, e.g., in the US, Europe, or China. This provides strategic coverage for the patent holder for global commercialization.
3. Legal and Regulatory Considerations
Australian patent law (Patents Act 1990) emphasizes patentability criteria:
- Novelty: The claimed invention must not be disclosed publicly before filing.
- Inventive Step: It should involve an inventive technical contribution.
- Utility: The invention must be useful and industrially applicable.
The patent’s claims must withstand potential oppositions or validity challenges, with prior art searches highlighting relevant prior patents and disclosures.
Assessment of Patent Strength and Risks
- Breadth of Claims: Broad claims increase market control but risk invalidation if too encompassing. Narrow claims provide validation but limit scope.
- Innovative Step: The patent must demonstrate a significant inventive step over known compounds or methods.
- Potential Exposure: Competitors may develop similar formulations if claims are narrow or target specific features.
Implications for Stakeholders
- Drug Developers: Should evaluate whether AU2013286729 covers core formulations or methods related to their pipeline.
- Legal Teams: Need to assess enforceability, potential invalidity grounds, and freedom-to-operate.
- Investors: Must consider patent’s enforceability scope in valuation and strategic planning.
Key Takeaways
- AU2013286729 likely claims a specific pharmaceutical composition or method of treatment, with detailed structural or functional parameters.
- Its scope depends heavily on the language and breadth of independent claims, which balance broad protection with validity resilience.
- The patent is situated within a competitive landscape, with prior art necessitating strategic consideration in infringement or licensing scenarios.
- Protection strength hinges on the novelty, inventive step, and industrial utility of its claims, with potential for both broad market exclusivity and vulnerability to challenges.
- Innovation providers should analyze the claims’ specifics thoroughly to identify freedom-to-operate or potential infringement risks.
FAQs
1. What is the primary focus of Patent AU2013286729?
It likely covers a novel pharmaceutical compound, formulation, or method of use associated with a specific therapeutic application, as common in drug patents.
2. How broad are the claims in AU2013286729?
The claims probably range from broad composition or method definitions to narrower specific embodiments, depending on the patent strategy.
3. Can this patent be challenged or invalidated?
Yes, through prior art references demonstrating lack of novelty or inventive step, especially if similar compounds or methods exist in the prior art landscape.
4. How does AU2013286729 relate to international patent filings?
It may be part of a broader patent family filed internationally, extending territorial coverage and strategic patent protection.
5. What are the implications for competitors interested in similar drugs?
They must carefully analyze the claims for potential infringement or design-around opportunities, considering the scope and validity of the patent.
References
- Australian Patents Act 1990.
- Patent AU2013286729 Document.
- World Intellectual Property Organization (WIPO) Patent Database.
- Australian Patent Office (IP Australia) patent search resources.
- Patent landscape reports on pharmaceutical patents in Australia.
Note: Precise claim language and detailed patent specifications are necessary for an in-depth legal analysis. This overview synthesizes publicly available details and standard patent practices within Australia.
