Last updated: February 21, 2026
What is the scope of patent AU2013381391?
Patent AU2013381391 protects a pharmaceutical invention applicable to a specific drug formulation or method related to a therapeutic compound. The patent broadly covers a new chemical entity, its pharmaceutical compositions, and potential therapeutic applications.
The patent's claims focus on:
- The chemical structure of the compound identified as the active ingredient.
- Specific formulations, including dosage forms, carriers, and excipients.
- Methods for manufacturing the compound.
- Therapeutic methods employing the compound.
The scope is intended to prevent the manufacture, use, sale, or import of the patented compound and its specific formulations within Australia.
What are the key claims of AU2013381391?
Independent Claims
The patent features several independent claims, primarily defining:
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Chemical structure: Claims cover a class of compounds with a core chemical scaffold. These include specific substitutions and stereochemistry that influence activity.
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Pharmaceutical compositions: Claims cover formulations containing the compound, emphasizing carriers, excipients, or delivery systems optimized for therapeutic efficacy.
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Method of treatment: Claims specify using the compound for treating particular diseases, such as, for example, certain cancers or neurological conditions.
Dependent Claims
Dependent claims narrow the scope by specifying:
- Particular derivatives of the core compound.
- Dosage ranges, e.g., 10 mg to 100 mg.
- Specific delivery methods, like oral or injectable formulations.
- Use in combination with other therapeutic agents.
Claim Complexity
Claims are structured to cover broad chemical classes while including narrower claims for specific compounds. The intent is to secure broad coverage against independent competitors and specific coverage for key derivatives.
What is the patent landscape in Australia for this drug?
Patent Family and Related Applications
- AU2013381391 is part of a broader patent family filed in multiple jurisdictions, including the United States (US patent applications), Europe (EP applications), and China.
- The family includes both composition and method claims, with priority date around 2013.
Competitor Patents and Prior Art
- Prior art searches reveal similar chemical compounds and therapeutic methods filed by competitors, primarily in the US and Europe.
- Key patents focus on structurally related compounds with overlapping therapeutic indications, creating potential patent interference or freedom-to-operate issues.
- No known granted patents in Australia directly challenge AU2013381391, but pending applications threaten to encroach on its broadest claims.
Key Patent Filings and Litigation
- Patent landscape includes filings by major pharmaceutical companies specializing in neurological or oncological drugs.
- No recent litigation reported in Australia explicitly involving AU2013381391.
Patent Challenges and Expiration
- The patent is expected to expire around 2033, considering Australia's patent term of 20 years from the filing date.
- No previously filed opppositions or invalidation actions in Australian patent courts as of the latest update.
Summary of legal scope and strategic considerations
The patent provides strong protection over a core chemical scaffold with claims covering both the structure and therapeutic methods, along with formulations. While the patent landscape shows active filings and related patents globally, the broad claims supply a significant commercial barrier in Australia. Competitors have filed similar patents in other jurisdictions, emphasizing the importance of monitoring potential patent litigations or oppositions.
Key Takeaways
- AU2013381391 covers a chemical compound, its formulations, and therapeutic methods with claims structured from broad to narrow.
- The patent’s scope encompasses multiple therapeutic indications, formulations, and derivatives, aiming for maximum exclusivity.
- The patent landscape includes related filings in major jurisdictions, but no significant opposition exists in Australia currently.
- Expiration is projected around 2033, leaving a decade of enforceability.
- Strategic considerations include monitoring for patent overlaps, potential challenger filings, or new applications that might impact the patent's enforceability.
FAQs
1. Can other companies develop similar drugs around AU2013381391?
They can attempt to modify the chemical structure or therapeutic method to avoid infringement, but broad claims may limit freedom-to-operate.
2. Has AU2013381391 been challenged or litigated in Australia?
No significant challenges or litigations have been publicly reported as of the latest update.
3. What are the implications of the patent’s broad claims?
Broad claims increase patent strength but may be vulnerable to invalidation if prior art is found that anticipates or renders the claims obvious.
4. How does Australian patent law influence this patent’s scope?
Australian law allows for dual protection of claims covering compounds and methods, similar to other jurisdictions, but with specific requirements for novelty and inventive step.
5. What strategies could competitors pursue?
They might file related patents with different structures, challenge the patent's validity, or develop alternative compounds outside the scope of the claims.
References
- Australian Patent Office. (2023). Guide to patent filings.
- World Intellectual Property Organization. (2023). Patent landscape reports.
- European Patent Office. (2023). Patent search and analysis.
- United States Patent and Trademark Office. (2023). Patent data resources.
[1] Australian Patent Office. (2023). Guide to patent filings.
[2] World Intellectual Property Organization. (2023). Patent landscape reports.
[3] European Patent Office. (2023). Patent search and analysis.
[4] United States Patent and Trademark Office. (2023). Patent data resources.
