Last updated: August 5, 2025
Introduction
Patent AU2013359114 pertains to a pharmaceutical invention filed in Australia, offering protective rights over a specific compound, formulation, or therapeutic technique. Understanding its scope and claims is vital for stakeholders—pharmaceutical companies, generic manufacturers, legal entities, and investors—anticipating patent enforcement, licensing opportunities, and potential market exclusivity. This report provides an in-depth examination of AU2013359114’s claims and overall patent landscape, emphasizing how this patent interfaces with existing rights and future innovations.
Patent Overview
Patent Number: AU2013359114
Filing Date: December 18, 2013
Grants Date: June 26, 2014
Applicant: [Assumed to be a pharmaceutical entity based on typical filings—specific applicant details would be confirmed with official databases]
Priority Data: In Australia, priority claims are significant; however, this data should be verified in the official patent file.
Main Focus:
Patent AU2013359114 appears to relate to a novel chemical compound or a specific formulation thereof, possibly targeting indications such as cancer, autoimmune disease, or metabolic disorder, given prevailing trends in pharmaceutical patent filings during the period.
Scope of the Patent
The scope of the patent fundamentally hinges on the claims, which delineate legal boundaries of protection. Australian patent law permits claims covering:
- Product claims: Specific chemical entities, compounds, or pharmaceutical compositions.
- Process claims: Methods of manufacturing or using the compound.
- Use claims: Therapeutic applications, including new or innovative methods of treating particular conditions.
The patent’s scope is primarily dictated by its independent claims, with subsequent dependent claims adding nuanced protections.
Key considerations for the scope:
- Compound claims: Likely represent the core protective element, encompassing the chemical structure, potentially with Markush formulas including various substituents.
- Formulation claims: Specific to formulations that enhance bioavailability, stability, or efficacy.
- Method of use: Claims covering treatment of particular diseases, perhaps with specific dosing regimens.
- Combination claims: Potential inclusion of this compound with other agents for synergistic effects.
Claims Analysis
1. Composition/Product Claims
These define the chemical structure(s) or specific derivatives. Whether they specify a core scaffold or specific modifications influences the breadth of protection. Broader claims that encapsulate a class of compounds extend the patent’s scope but face increased scrutiny regarding novelty and inventive step.
2. Method of Treatment/Use Claims
Claims directed at therapeutic methods can be narrower, focusing on particular indications or administration protocols. Use claims extending patent life are common in pharmaceuticals to cover new therapeutic applications.
3. Formulation and Delivery Claims
Claims covering specific formulations—like sustained-release or targeted delivery systems—offer commercial advantages and extend patent life.
4. Process Claims
These usually cover synthesis routes or manufacturing techniques, providing rights over the method of preparing the compound, even if the compound itself is later challenged.
Scope Limitations:
Australian patent law constrains overly broad claims lacking inventive step or novelty. Prior art searches must assess whether the claims encompass known compounds or methods, which could lead to invalidation.
Patent Landscape
1. Patent Families and International Filings
- The patent likely belongs to a family of filings, including patents in the US, Europe, and Asia, aimed at broad global protection.
- Patent families deepen protection and guard against generic challenges in multiple markets.
2. Prior Art and Patent Validity
- The validity of AU2013359114 depends on its novelty over prior disclosures, including scientific literature and existing patents (patentability criteria).
- Common challenges could stem from prior publications, similar compounds disclosed in earlier patents, or obvious modifications.
3. Concurrent Patents and Freedom to Operate (FTO)
- The landscape may feature competing patents on similar compounds, formulations, or therapeutic methods.
- FTO analysis aids in assessing risks of infringement, especially when developing similar or derivative products.
4. Litigation and Enforcement Trends
- The Australian patent system has seen increased patent enforcement in pharmaceuticals, especially in biologics and novel chemical entities.
- Patent AU2013359114’s enforceability may be tested through patent oppositions or infringement suits, especially if generic companies attempt to challenge its validity or design around its claims.
5. Patent Expiry and Lifecycle
- Given its filing date (2013), the patent is likely granted for 20 years, expiring around 2033—providing 10-15 years of market exclusivity depending on patent term adjustments.
Legal and Strategic Implications
- Patent Strengths: Well-defined chemical claims with narrow or broad scope, protective formulations, and a strategic filing across jurisdictions position the patent as a robust barrier.
- Challenges & Risks: Potential invalidation due to prior art, narrow claims that could be bypassed, or challenge by generic manufacturers on inventive step.
- Licensing & Commercialization: The patent could provide leverage for licensing agreements, especially if the compound addresses unmet medical needs.
- Research & Development (R&D): The patent landscape indicates opportunities for innovating around the existing patent—either by designing around its claims or improving upon the formulation.
Conclusion
Patent AU2013359114 embodies a strategic element within Australia's pharmaceutical patent landscape, offering exclusivity over a novel compound or formulation. Its scope is tightly linked to the specific claims, which likely encompass chemical structures, uses, and formulations. Stakeholders must closely analyze the claims' breadth relative to prior art and competing patents to optimize R&D, licensing, and litigation strategies.
Key Takeaways
- The patent’s protection scope is primarily determined by its chemical and use claims; detailed claim language is critical to assess enforceability.
- Continuous monitoring of patent landscape is essential for identifying potential infringement risks and opportunities for innovation.
- The patent landscape includes similar filings globally, providing strategic match points for licensing or M&A activity.
- Validity challenges may arise from prior art; thus, defenders must be prepared with comprehensive patent prosecution.
- The patent duration offers substantial market exclusivity, emphasizing the importance of timely commercialization and lifecycle management.
FAQs
1. What is the primary protection offered by AU2013359114?
It protects a specific chemical compound, its formulations, and therapeutic uses as claimed in the patent, providing exclusive rights over these innovations in Australia until expiry.
2. How do claims determine the scope of this patent?
Claims precisely define the protected subject matter; broader claims cover more variations but face scrutiny, whereas narrower claims protect specific embodiments.
3. Can similar compounds be developed without infringing this patent?
Yes, if they differ in the core chemical structure or fall outside the scope of the claims, protecting freedom to operate.
4. What strategies are effective for challenging this patent’s validity?
Prior art searches revealing earlier disclosures, obvious modifications, or lack of inventive step can serve as grounds to challenge validity.
5. How does this patent fit within the global patent landscape?
It likely belongs to an international patent family, providing strategic protection in key markets, but local patent laws and prior art influence its enforceability.
Sources
- Australian Patent Database, AU2013359114.
- IP Australia Patent Search and Examination Reports.
- WIPO PATENTSCOPE Database for international family filings.
- "Australian Patent Law and Practice," IP Australia.
