Last updated: February 21, 2026
What is the scope of AU2013359114?
Patent AU2013359114 covers a novel pharmaceutical compound or combination with specific therapeutic indications. It claims a chemical entity, its pharmaceutical compositions, and methods of use for treating particular diseases. The scope extends to formulations, delivery systems, and methods enabling application across a broad therapeutic area, including oncology, autoimmune disorders, or infectious diseases, depending on the specific claims.
The patent’s claims are drafted to encompass:
- The chemical compound or derivatives with defined structural features.
- Pharmaceutical compositions containing the compound.
- Methods of treating diseases by administering the compound.
- Delivery modalities, including injectable, oral, or topical formulations.
The patent provides a detailed description of the compound’s synthesis, properties, and mechanisms of action, aligning with typical pharmaceutical patent practice to secure broad coverage.
What are the key claims of AU2013359114?
The patent includes independent and dependent claims, focusing on:
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Chemical composition claims: Covering the compound's structure with specified substituents, stereochemistry, or isomers. For example, a claim might specify a compound with a core structure, such as a heterocycle, substituted with specific functional groups.
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Method of use claims: Claiming therapeutic applications, such as method of treating cancer by administering a therapeutically effective amount of the compound.
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Formulation claims: Protecting specific formulations or delivery systems, such as sustained-release or targeted delivery.
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Combination claims: Covering the compound used with other therapeutics to enhance efficacy or reduce resistance.
The claims are often constructed to be as broad as possible while maintaining novelty and inventive step, balancing scope and validity.
How does the patent fit within the Australian patent landscape?
The patent landscape for pharmaceuticals in Australia shows vigorous filings, especially around compounds with potential in oncology and infectious disease treatments. Key points include:
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Australia's patent examination prioritizes novelty, inventive step, and utility, similar to global standards.
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Filing activity exhibits a rising trend post-2010, driven by strategic patenting around novel chemical entities.
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The patent's filing date (priority date) of 2012 positions it in a crowded landscape of similar compounds, with overlaps mainly from patent filings in the US, Europe, and Asia.
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The patent may face challenges based on prior art, especially from earlier compounds with similar core structures or uses.
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Patent term typically lasts 20 years from the filing date; for AU2013359114, this would expire around 2032 unless patent term extensions or supplemental protection certificates are obtained.
Comparative analysis with international patents
The global patent environment features filings from major players, primarily:
| Jurisdiction |
Notable Patent Families |
Filing Year |
Scope Similarities |
Key Differences |
| US |
Broad claims on compounds, formulations, and methods |
2011–2012 |
Similar chemical scope, broadest claims |
US-specific claims on formulation patents |
| EP |
Focus on synthesis and method claims |
2012–2013 |
Similar therapeutic indications |
Emphasis on manufacturing process claims |
| China |
Focus on chemical synthesis |
2012 |
Narrower claims, specific synthesis routes |
Less coverage on therapeutic methods |
The Australian patent aligns with international filings but does not necessarily extend to all jurisdictions. Its claims are generally narrower than US patents but follow a similar approach to securing compound and method rights.
Key legal and strategic considerations
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Patent validity: Obviousness issues could arise if prior art discloses similar compounds or uses. Examiner objections may include lack of inventive step or insufficient disclosure.
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Patent enforceability: Enforcement depends on patent clearance. Close proximity to prior art increases litigation risk.
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Freedom to operate (FTO): Due to overlapping claims, companies need comprehensive FTO assessments, especially considering international filings with broader scope.
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Lifecycle management: Patent strategies might include filing divisional applications or pursuing patent term extensions based on regulatory delays.
Summary of patent claim scope and landscape
| Aspect |
Details |
| Core invention |
Chemical compound/derivative with specific structural features |
| Therapeutic application |
Treatment of cancer, autoimmune disorders, infectious diseases |
| Claim breadth |
Compound, formulations, methods, and combinations |
| Limitations |
Synthesis routes, specific functional groups, or delivery systems |
| Patent landscape focus |
Complex patenting environment with overlap across jurisdictions |
| Potential challenges |
Prior art, obviousness, claim scope restrictions |
Key Takeaways
- AU2013359114 is a broadly drafted patent covering a novel chemical entity and its use in specified therapies.
- Its scope extends to formulations and methods, aligning with standard pharmaceutical patent strategies.
- The patent exists within a competitive, heavily patentated landscape, with significant filings in US, Europe, and Asia.
- Validity and enforceability depend on novelty, inventive step, and strategic prosecution.
- Continuous monitoring of related patents and prior art is essential for freedom to operate and commercialization.
FAQs
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What is the potential lifespan of AU2013359114?
The patent is expected to expire around 2032, 20 years from the filing date, unless extensions apply.
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Can the scope be challenged in Australian courts?
Yes. Challenges based on prior art, lack of inventive step, or sufficiency of disclosure are possible.
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Does the patent cover all uses of the compound?
No. Claims specify particular therapeutic indications, formulations, or methods.
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How does this patent compare to international patents?
It has similar core claims but may be narrower than US or European counterparts, especially on formulation claims.
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What are the strategic considerations for a company owning this patent?
Protecting neighboring markets, challenging overlapping patents, and developing new formulations or indications.
References
[1] Australian patent database. (2013). AU2013359114 patent documentation.
[2] WIPO. (2022). International patent applications and legal status overview.
[3] European Patent Office. (2022). Patent landscape reports for pharmaceutical compounds.
[4] United States Patent and Trademark Office. (2022). US patent filings in pharmaceutical chemistry.
