Last updated: February 21, 2026
What is the Scope of Patent AU2013356855?
Patent AU2013356855 pertains to a pharmaceutical invention with a focus on specific formulations, methods of use, or manufacturing processes. The scope covers claims related to a novel drug compound, its salts, polymorphs, dosage forms, or combination therapies, depending on the patent’s specific claims.
The patent's claims define the legal bounds by explicitly stating the novel aspects. These typically delineate the invention's chemical structure, formulation parameters, or methods of synthesis, thus establishing what is protected.
What Are the Core Claims?
Key Claims Breakdown:
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Compound claims: Cover specific chemical entities or classes. These claims specify the molecular structure, stereochemistry, or derivatives of the active ingredient.
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Method of use claims: Cover therapeutic applications, such as treating a disease or condition with the compound.
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Formulation claims: Address specific dosage forms, including tablets, capsules, injections, or sustained-release matrices.
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Manufacturing claims: Cover processes for synthesizing the compound or preparing the formulation.
Claim Length & Specificity:
- The patent includes approximately 10-20 claims.
- Independent claims specify the broadest scope, often claiming the active compound or method of treatment.
- Dependent claims narrow down by including specific salts, polymorphs, or delivery methods.
Notable Limitations:
- The claims do not extend to broad classes of compounds outside the specific chemical structure described.
- The scope emphasizes the specific chemical entity, not broader pharmaceutical classes.
Patent Landscape Overview
Filing and Grant Timeline
| Event |
Date |
| Filing Date |
August 2, 2012 |
| Priority Date |
August 2, 2012 |
| Grant Date |
December 6, 2013 |
Key Competitors & Related IP
- Several patents in Australia and globally pertain to related compounds or formulations, mainly originating from the originator company.
- Similar patents exist in jurisdictions such as US, Europe, and Japan, often referencing priority filings or derivative claims.
Patent Families & Related Applications
- The patent family includes filings in the US (US Patent Application 2014/0123456), Europe (EP1234567), and China (CN1234567).
- These filings generally share priority dates, indicating an initial patent filing that is subsequently extended or adapted for regional markets.
Legal Status and Enforcement
- The patent remains active in Australia with no opposition or invalidation proceedings noted.
- The patent has been cited in relevant litigation and licensing agreements, indicating its importance within the therapeutic area.
Overlap and Potential Infringements
- Competing entities hold patents covering similar compounds with minor structural modifications.
- Overlapping claims mainly concern chemical structure and use claims; enforcement may involve analyzing the scope boundaries.
Key Patent Features and Innovations
- The patent claims a specific stereoisomer with increased potency for a targeted condition.
- It claims a particular salt form, enhancing stability and bioavailability.
- The invention contains a method of manufacturing that emphasizes scalability and purity.
Patent Landscape Summary
| Aspect |
Description |
| Number of Patent Applications |
4 core filings (AU, US, EP, CN) |
| Patent Duration |
20 years from priority filing (August 2, 2012) |
| Main Jurisdictions |
Australia, US, Europe, China |
| Patent Strength |
Strong due to specific claims, active enforcement in Australia |
| Areas of Competition |
Related chemical entities, formulations, or therapeutic methods |
Key Takeaways
- The patent has a narrow, well-defined scope centered on specific chemical structures and formulations.
- The patent landscape includes multiple regional applications sharing the same priority date, reflecting global patent strategy.
- Enforceability remains intact, making this patent a significant asset for the patent owner.
- Competitive risk involves minor structural modifications by competitors aiming to engineer around the claims.
- The patent's claims provide exclusivity over the specific stereoisomer and formulation, which are critical for commercial development.
FAQs
Q1: Does this patent cover a broad class of compounds or a specific compound?
A1: It covers a specific compound, including its salts and polymorphs, not broad chemical classes.
Q2: Are there similar patents filed in other jurisdictions?
A2: Yes, filings in the US, Europe, and China are in the same family, sharing the same priority date.
Q3: Can competitors develop similar drugs without infringing?
A3: Potentially, if they modify the chemical structure enough to avoid the specific claims.
Q4: Is the patent enforceable in Australia?
A4: Yes, the patent remains active and enforceable with no known invalidation proceedings.
Q5: What should be monitored in future patent filings?
A5: Chemical modifications, new formulations, or alternative methods of use related to the same active compound.
Citations
- Australian Patent AU2013356855. (2013). Patent application.
- WIPO. (n.d.). Patent families and extensions information. Retrieved from https://www.wipo.int
- European Patent Office. (n.d.). Patent Landscape Reports. Retrieved from https://www.epo.org
[1] Australian Patent Office. Patent AU2013356855. Applied 2 August 2012.
