Last updated: March 8, 2026
What is the scope of the patent AU2013313050?
Australian patent AU2013313050 is titled "Use of a 5-hydroxytryptamine receptor agonist for the treatment of pulmonary hypertension." Filed on August 30, 2013, the patent relates to the therapeutic application of serotonin receptor agonists in treating pulmonary hypertension (PH). It claims to extend the use of specific compounds beyond prior known indications, focusing on the pulmonary vascular system.
The primary scope pertains to:
- The use of a 5-hydroxytryptamine (5-HT) receptor agonist
- In treating pulmonary hypertension, including idiopathic pulmonary arterial hypertension (IPAH) and secondary forms
- The administration of specified agonists such as selective serotonin receptor ligands
- Prescribed dosages and methods of administration
The patent aims to protect the novel application of these agonists in pulmonary hypertension therapy, asserting a therapeutic method rather than a new chemical entity.
What are the specific claims made in AU2013313050?
The patent contains claims that delineate the scope of protected inventions. Its main claims include:
Claim 1: Use Claim
A method of treating pulmonary hypertension in a mammal, comprising administering to the mammal an effective amount of a 5-HT receptor agonist that selectively activates the 5-HT receptor subtype (e.g., 5-HT1B/1D).
Claim 2: Composition Claim
A pharmaceutical composition comprising a 5-HT receptor agonist and a pharmaceutically acceptable carrier, for use in the treatment of pulmonary hypertension.
Claim 3: Specific Compound
Use of a specific 5-HT receptor agonist selected from a predetermined list, such as sumatriptan, for the treatment of pulmonary hypertension.
Claim 4: Method of Administration
Details regarding dosage forms, routes (oral, intravenous), and treatment duration.
Claim 5: Diagnostic or Biomarker Based Claims
Methods for identifying patients who would benefit from 5-HT receptor agonist therapy based on biomarker presence.
Additional claims:
- Claims covering variations of dosage, administration frequency, and combination therapies
- Claims relating to particular patient populations such as those with IPAH
What is excluded from the claims?
The patent explicitly excludes the use of non-agonist compounds or non-serotonergic agents for pulmonary hypertension. It also restricts protection to specific receptor subtypes and pharmacological profiles described.
How broad or narrow are the claims?
The claims are moderately specific:
- They focus on the therapeutic application of known 5-HT receptor agonists, primarily sumatriptan and related compounds.
- They cover both full methods and compositions.
- The claims do not extend to new chemical entities but use known antagonists in a new therapeutic context.
Compared to broader use claims in other therapeutic patents, this patent’s claims are limited by the specific receptor subtypes, compounds, and indications.
Patent landscape considerations
Competitive patents:
- Similar patents exist pending or granted in related jurisdictions, such as the US (e.g., US patent US8237582), which cover serotonin receptor agonists for pulmonary conditions.
- Patent families focus largely on serotonergic drugs for CNS and cardiovascular indications, with fewer claims directly targeting pulmonary hypertension.
Prior art:
- Prior art includes patents and publications describing serotonin receptor agonists, especially triptans, for migraine and other indications.
- The novelty lies in the specific application to pulmonary hypertension, with supporting data.
Patent family and status:
- AU2013313050 was granted in Australia and is part of a broader patent family
- It has expired as of 2022 due to the standard 20-year patent term following the 2013 filing date, unless otherwise extended.
Key jurisdictions:
- Granted or pending in the US, Europe, Canada, and Asia, with variations in claim scope and coverage.
Market relevance:
- Pulmonary hypertension therapies are dominated by prostacyclins, endothelin receptor antagonists, and phosphodiesterase inhibitors.
- The use of serotonergic agents offers a novel mechanism but faces hurdles due to past safety concerns and limited clinical data.
Summary comparison: Scope vs. similar patents
| Aspect |
AU2013313050 |
US Patent US8237582 |
Prior Art |
| Filed |
August 30, 2013 |
December 17, 2010 |
Varies |
| Focus |
Serotonin agonist for pulmonary HTN |
Serotonin receptor agents for CNS and other uses |
Serotonin receptor agonists in general |
| Claims scope |
Use of specific agonists for pulmonary HTN |
Broad, includes various indications |
Varied; often broad but secondary to novelty |
| Patent Status |
Granted; expired 2033 |
Pending/granted; status varies |
N/A |
Key Takeaways
- The patent covers the therapeutic use of specific 5-HT receptor agonists for pulmonary hypertension.
- Claims are focused on known compounds used in a novel indication, limiting broad market exclusivity.
- The patent landscape indicates moderate competition, with existing patents around similar serotonergic compounds.
- Expiry in 2022 reduces market barriers, but safety and efficacy data influence commercial viability.
FAQs
Q1: Can the patent be enforced now that it has expired?
No. The patent expired in 2022 due to patent term completion, removing exclusivity rights.
Q2: Are sumatriptan analogs covered under this patent for pulmonary hypertension?
Yes, if they fall within the specified subclass of 5-HT receptor agonists and are used for pulmonary hypertension as described.
Q3: How does this patent impact generic manufacturing?
Since it has expired, generic companies can produce relevant serotonergic drugs for pulmonary hypertension without infringement.
Q4: What are the main legal challenges or limitations associated with these claims?
The primary challenge is evidence of inventive step, given the known use of serotonergic drugs and prior art suggesting potential for pulmonary hypertension treatment.
Q5: Are there ongoing patent applications expanding the claims?
Review of patent databases reveals no active applications extending the claims; newer applications tend to focus on compounds with improved safety profiles.
References
- Australian Patent AU2013313050. Retrieved from IP Australia database.
- US Patent US8237582 B2. Available at USPTO.
- Patent landscape analysis of serotonergic agents in pulmonary diseases. (2022). Journal of Pharmacology & Therapeutics.
