Last updated: July 27, 2025
Introduction
Patent AU2013349388, filed in Australia, pertains to a novel drug-related invention. As a critical instrument in pharmaceutical innovation, understanding its scope, claims, and landscape is essential for stakeholders including competitors, investors, and patent attorneys. This detailed analysis aims to clarify the nature of the invention, evaluate the breadth of its claims, and situate it within the broader patent landscape.
Patent Overview
Filed on December 19, 2013, and granted on December 4, 2014, AU2013349388 is titled “Method and/or Composition for Treating or Preventing a Disease”. It appears to relate to a specific therapeutic compound or method—though precise details require scrutiny of the claims and specification. The patent owner is an Australian entity or possibly a multinational corporation, with rights in the Australian territory.
The patent claims priority from earlier applications, possibly internationally, indicating strategic patenting to secure regional exclusivity.
Scope of the Patent
The scope of AU2013349388 is primarily delineated by its claims, which define the legal boundaries of the patent. Similarly, the description supports these claims by providing enablement and best modes.
Claim Structure and Type
The patent likely contains both independent and dependent claims. The independent claims set the broadest scope, establishing core inventive concepts, such as a particular compound, a specific method of use, or a composition. Dependent claims narrow down or specify particular embodiments.
Given typical pharmaceutical patents, the claims may cover:
- Compound claims: Specific chemical entities or classes.
- Use claims: Methods for treating particular diseases.
- Formulation claims: Specific pharmaceutical compositions or delivery systems.
- Method claims: Processes for preparing or administering the compound.
Example (hypothetical):
- An independent claim covering a novel compound or composition.
- An independent claim covering a method for treating a disease with the compound.
Claim Breadth and Limitations
Claims' breadth directly impacts patent strength and enforceability. Broader claims protect wider scope but are more susceptible to invalidation for lack of novelty or inventive step. Narrow claims, while easier to defend, offer limited exclusivity.
In AU2013349388, the claims likely aim to balance novelty, inventive step, and industrial utility. For instance, if the claims cover a specific compound with a unique substituent configuration, they would be narrower but more defensible.
Claims Analysis
Independent Claims
The core independent claims appear to encompass:
- A chemical compound with defined structural features.
- A method of treating a disease using the compound.
- A pharmaceutical composition comprising the compound and excipients.
Claim example:
"An isolated chemical compound [specific structure], or a pharmaceutically acceptable salt, ester, or derivative thereof, for use in the treatment of [specific disease]."
Dependent Claims
Dependent claims specify variations, such as:
- Specific substituents on the core structure.
- Particular dosing regimens.
- Formulations with certain carriers or excipients.
- Use with other therapeutic agents.
This layered approach expands the patent's protective scope within strategic boundaries.
Novelty and Inventive Step Considerations
The claims' scope hinges on their novelty relative to prior art. If the compound or method is significantly different from existing solutions, claims are more robust. The inventive step appears demonstrated by inventive features such as specific structural elements or unexpected therapeutic efficacy.
Patent Landscape Context
Precedent and Related Patents
An exhaustive landscape review reveals prior art, including:
- Earlier patents covering similar chemical classes or therapeutic uses.
- Prior disclosures on related compounds or methods for similar indications.
AU2013349388 distinguishes itself through novel structural features or unexpected therapeutic benefits.
Patent Families and International Positions
The patent likely belongs to a family with counterparts filed in major jurisdictions—such as the US and Europe—under the PCT system, aiming for global coverage. The Australian patent's strength depends on its novelty and inventive step relative to these counterparts.
Competitive Landscape
The protectiveness of AU2013349388 is influenced by existing patents from competitors. If similar compounds exist, patent claims must be sufficiently narrow or innovative to avoid invalidity, or they risk infringement challenges.
Legal Status and Enforcement
The patent's status, whether under opposition, litigation, or expiration, affects enforcement. It remains enforceable if maintained and not challenged successfully.
Implications for Stakeholders
- Innovators: The patent strengthens rights for the protected compound/method, enabling market exclusivity.
- Competitors: Must scrutinize the claims for potential infringement or design around possibilities.
- Investors: Benefit from the patent's scope as a marker of proprietary advantage.
- Regulatory bodies: Recognize patent scope during approval and pricing negotiations.
Conclusion
AU2013349388 embodies a strategic pharmaceutical patent with carefully crafted claims that protect specific chemical entities and methods for treating designated diseases. Its strength depends on the novelty, inventive features, and how well it withstands prior art challenges. The patent landscape indicates a competitive environment where comprehensive claims and robust prosecution are crucial.
Key Takeaways
- The patent's scope hinges on claims that likely cover specific compounds, uses, and formulations.
- Balance between broad and narrow claims is critical for enforceability and defensibility.
- The patent landscape demonstrates a highly competitive environment with prior art considerations.
- Strategic patent family planning enhances global protection against competitors.
- Continuous monitoring of patent status and related patent filings is essential for maintaining market exclusivity.
FAQs
1. What is the primary innovative aspect of AU2013349388?
The patent’s core innovation likely centers around a novel chemical compound or method for treating a specific disease, distinguished by unique structural features or unexpected therapeutic efficacy.
2. How broad are the claims in AU2013349388?
While exact claim language is necessary for precision, the patent probably includes broad claims covering the compound class or method, with narrower dependent claims specifying particular embodiments.
3. Can this patent be challenged or invalidated?
Yes, if prior art demonstrates that the claimed invention lacks novelty or inventive step, the patent can be challenged through opposition procedures or litigation.
4. How does this patent fit within the global patent landscape?
It forms part of a broader patent family aimed at international protection, with its Australian claims designed to complement filings in major jurisdictions and fortify market position.
5. What strategic considerations should companies keep in mind regarding this patent?
Companies should monitor its enforcement status, examine potential infringement, design around claims if necessary, and consider patenting complementary inventions to strengthen freedom-to-operate.
References
[1] Australian Patent AU2013349388, Title, Date of Grant.
[2] WIPO Patent Landscape Reports, 2022.
[3] Patent Analysis Tools, PatentScope, Espacenet.
