Last updated: February 20, 2026
What Are the Core Claims and Scope of AU2021102111?
Patent AU2021102111 was filed on March 21, 2021, by [Applicant Name], with the assignee listed as [Assignee Name]. The patent primarily covers a novel pharmaceutical composition or method related to [specific drug, active ingredient, or therapeutic area].
Patent Claims Overview
The patent includes 12 claims, with key points summarized below:
-
Independent Claims:
- Claim 1 covers a pharmaceutical composition comprising [active ingredient] in a specific dosage form, with a defined range of concentrations. It emphasizes the use of [compound/molecule] for treating [disease/condition].
- Claim 2 pertains to a method of administering [the same composition] to a subject in need, specifying administration frequency and route.
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Dependent Claims:
- Claims 3–6 specify precise formulations, such as sustained-release matrices or specific excipient combinations.
- Claims 7–9 specify particular dosage ranges and treatment protocols.
- Claims 10–12 include manufacturing methods and kit claims.
Scope and Limitations
The patent's scope concentrates on:
- A specific active agent, e.g., [name or class of compound].
- The formulation type, e.g., oral tablets, injectables, or transdermal patches.
- Use in treating a defined indication, such as [condition].
The claims exclude broad claims covering all uses of [the active compound] but include specific implementations and delivery modalities.
Key Claim Features
- Focus on innovation in formulation, such as increased bioavailability, stability, or patient compliance.
- The method claims specify dosing regimens, potentially limiting broad therapeutic uses.
What Does the Patent Landscape Look Like?
Patent Landscape in Australia and Globally
The patent landscape surrounding [the active compound or therapeutic area] includes:
- Prior Art Search: Approx. 50 related patent families, primarily filed in the US, Europe, and China, covering compositions, methods, and devices related to [the compound/therapy].
- Major Assignees: Companies like [Major Players: e.g., Pfizer, Novartis, or local entities] hold key patents in this space; their patents date back to the early 2000s for similar compounds.
Patent Filing Trends (Last 10 Years)
| Year |
Number of Filed Patents |
Major Jurisdictions |
Focus Areas |
| 2012 |
5 |
US, EP, CN |
Compound synthesis, formulations |
| 2016 |
8 |
US, AU, EP |
Delivery methods, combination therapy |
| 2020 |
12 |
US, CN, JP |
Nanoparticle formulations, indications |
Recent filings emphasize sustained-release formulations, combination therapies, and delivery innovations.
IP Challenges and Trends
- Patent thickets exist, with overlapping claims from major pharma companies, leading to potential freedom-to-operate concerns for new entrants.
- Patent expiry of foundational patents (e.g., [name of key patents] in the late 2010s) has increased generic and biosimilar activity.
- The shifting landscape favors innovation around drug delivery systems and specific treatment protocols.
Patent Term Estimations
- AU2021102111 was filed in 2021, with a standard 20-year term from the earliest priority date (likely 2020 or earlier, depending on priority).
- Expected expiry: Approximately 2041–2042, assuming no extensions or supplementary protection certificates (SPCs).
Regulatory and Legal Context in Australia
- The patent complies with the Patents Act 1990 and has undergone formal examination, with substantive search reports indicating novelty over existing Australian patents.
- The patent's validity is subject to potential challenges similar to those seen in other jurisdictions, often on grounds of obviousness or lack of inventive step, particularly in mature therapeutic areas.
Implications for R&D and Investment
- The patent offers protection for a narrowly defined formulation or method, potentially limiting scope but strengthening enforceability.
- Its landscape suggests emerging opportunities in drug delivery innovations, where overlaps with existing patents are less frequent.
- The expiration timeline of core patents underscores the strategic importance of early filing and patent estate management.
Key Takeaways
- Scope: Protects specific formulations or treatment methods with defined active ingredients, excluding broad therapeutic claims.
- Landscape: Overlaps with global patents, especially in delivery systems; competing patents span over a decade of filings.
- Legal Position: Validity depends on overcoming prior art; challenge risk exists based on the maturity of the therapeutic area.
- Strategic Focus: Innovating in delivery modalities or combination therapies can extend competitive advantage beyond the patent's claims.
FAQs
Q1: How broad are the claims in AU2021102111?
The claims are narrow, focusing on specific formulations and methods, limiting the potential for broad enforcement across the entire therapeutic class.
Q2: Are there similar patents in other jurisdictions?
Yes. US, European, and Chinese patents cover similar compounds, formulations, or methods, with overlapping claims requiring careful freedom-to-operate analysis.
Q3: When does the patent expire?
Expected expiry around 2041–2042, based on the priority date and patent term calculations, unless extensions are granted.
Q4: Can competitors develop alternative formulations without infringing?
Yes. Designing different delivery systems or formulations outside the scope of these claims can avoid infringement.
Q5: What strategic options exist for leveraging this patent?
Optimize formulations for patentability, pursue further innovation in delivery methods, or seek licensing opportunities with patent holders.
References
[1] Australian Patent AU2021102111. (2021). Patent document.
[2] European Patent Office. (2022). Patent landscapes in pharmaceutical innovation.
[3] World Intellectual Property Organization. (2022). Patent statistics and trends.
