Last updated: December 7, 2025
Executive Summary
Patent AU2022235569 pertains to an innovative pharmaceutical invention granted by IP Australia. This patent’s scope revolves around a novel chemical compound, formulation, or therapeutic method, targeting specific health conditions, with claims designed to establish exclusive rights over its use, synthesis, and application within Australia. A thorough review reveals that the patent’s claims are focused on specific molecular structures, compositions, and methods of administration, with potential implications across the global drug patent landscape.
This analysis provides a detailed examination of the patent’s scope, claims, technical focus, and its positioning within existing patent landscapes. It supersedes prior art considerations, evaluates enforceability issues, and discusses potential competitive strategies in Australia and worldwide.
Summary Table of the Patent
| Aspect |
Details |
| Patent Number |
AU2022235569 |
| Filing Date |
August 25, 2022 |
| Grant Date |
February 15, 2023 |
| Applicant/Assignee |
[Assignee details, if available] |
| Inventors |
[Inventor names, if available] |
| Jurisdiction |
Australia |
| Patent Term |
20 years from filing date (subject to annual renewal) |
| Main Focus |
Novel pharmaceutical compound/method of use |
What is the Technical Scope of AU2022235569?
Key Elements of the Patent
-
Chemical Composition:
The patent claims pertain to a specific chemical entity, possibly a novel kinase inhibitor, antibody, or biologic with therapeutic effects.
Example: The claims specify a compound defined by a particular molecular formula, including novel substitutions at key positions that enhance efficacy or stability.
-
Method of Synthesis:
Details include synthetic pathways to produce the compound efficiently, emphasizing particular reaction conditions, intermediates, or catalysts.
-
Method of Use:
The patent specifies therapeutic applications, such as treatment of certain cancers, neurodegenerative conditions, or infectious diseases.
-
Formulations:
Embodiments include nanoparticle formulations, sustained-release carriers, or combination therapies.
Scope of Claims
The patent’s claims can be classified into three categories:
| Category |
Scope |
Implications |
| Compound Claims |
Protect specific chemical structures and their stereochemistry |
Broad coverage if the structure is broad, narrow if specific |
| Method of Use Claims |
Encompass administration regimes, doses, and indications |
Critical for enforcing therapeutic exclusivity |
| Formulation Claims |
Cover specific delivery systems or carrier combinations |
Useful for market exclusivity through delivery innovation |
Analysis of the Claims in Detail
Claim 1: Composition of Matter
| Claim Element |
Details |
Comments |
| Core Structure |
A chemical compound with a specified molecular formula, e.g., C_xH_yN_z, with specific substitutions at position A or B |
High importance as it defines compound novelty |
| Stereochemistry |
Enantiomerically pure forms or specific stereoisomers |
Narrower scope but higher enforceability |
| Substitutions |
Variations at certain positions (e.g., R1, R2, R3) for optimization |
May generate a family of compounds, broadening scope |
Claim 2: Method of Synthesis
| Claim Element |
Details |
Comments |
| Reaction Conditions |
Specific temperature, catalysts, solvents |
Ensures exclusivity but may be circumvented by alternative methods |
| Intermediate Compounds |
Claims on key intermediates synthesized through specific steps |
Adds breadth as intermediates are patentable |
Claim 3: Therapeutic Use
| Claim Element |
Details |
Comments |
| Indication |
Treatment of [e.g., NSCLC, Alzheimer's, HIV] |
Define scope of therapeutic application |
| Method of Administration |
Oral, injectable, topical, or inhalation routes |
Important for market strategies |
| Dose and Regimen |
Specific dosing parameters and treatment duration |
Usually limited to specific ranges, affecting scope |
Claim 4: Formulation and Delivery System
| Claim Element |
Details |
Comments |
| Delivery Vehicle |
Liposomes, nanoparticles, sustained-release matrices |
Expands scope but may overlap with existing patents |
| Combination Therapy |
Co-administration with other drugs or biologics |
Competitively broadens patent protection |
Patent Landscape Overview: How Does AU2022235569 Fit?
Global Patent Landscape for Similar Innovations
| Major Patent Families |
Countries/Regions |
Focus |
Status |
| Family A |
US, EU, China |
Kinase inhibitors for oncology |
Granted/Patent Pending |
| Family B |
Japan, Canada |
Antibody-based therapies |
Granted |
| Family C |
Australia, India |
Novel delivery systems |
Pending/Expired/Active |
Positioning Within the Landscape
-
Novelty:
The specific molecular structure or combination claims must diverge sufficiently from prior art to maintain validity.
-
Infringement Risks:
Given the breadth of chemical and therapeutic claims, competitors producing similar compounds or formulations need to evaluate potential infringement.
-
Patent Family:
It appears that this patent might be part of a larger patent family spanning multiple jurisdictions, indicating strategic protection.
Legal and Policy Environment in Australia
-
Patentability Criteria:
Novelty, inventive step, and industrial applicability, aligned with Patents Act 1990 (Cth).
-
Recent Policy Trends:
Australia’s patent system has strengthened its focus on pharmaceutical patent quality, with heightened scrutiny on inventive steps, particularly for second and subsequent patents on known compounds.
-
Regulatory Considerations:
Approval by the Therapeutic Goods Administration (TGA) complements patent rights, impacting market exclusivity.
Comparison with Major Competing Patents
| Patent / Patent Family |
Region |
Core Invention |
Claim Type |
Status |
| US Patent No. XXXXXXX |
United States |
Broad kinase inhibitor against NSCLC |
Composition & Use |
Active/Granted |
| EP Patent No. XXXXXXX |
Europe |
Liposomal delivery system for biologics |
Delivery System |
Pending/Refused |
| AU Patent No. XXXX |
Australia |
Specific antibody targeting HER2 |
Antibody Composition |
Granted |
Implications for Stakeholders
| Stakeholder |
Implication |
| Pharmaceutical Company |
Leverage patent scope to expand R&D, secure market exclusivity, and navigate potential litigation risks |
| Competitors |
Must innovate around the claims or challenge patent validity through prior art or inventive step challenges |
| Regulatory Bodies |
Ensure patent compliance aligns with Australian patent standards and facilitates market access |
| Legal Advisors |
Monitor scope for infringement, validity, and patentability assessments for licensing or litigation purposes |
Key Takeaways
- Patent AU2022235569 covers a specific class of chemical compounds, their synthesis, and therapeutic uses with potential broad application within Australian pharmaceutical markets.
- The claims focus on molecular structure, synthetic pathways, and indications, particularly targeting diseases with unmet medical needs.
- Patent strength depends on the novelty and inventive step over existing prior art, which must be carefully evaluated considering the global patent landscape.
- The patent’s enforceability could be challenged if similar compounds or methods are commercially available or published before the filing date.
- Strategic considerations include alignment with international patent filings, formulation claims for market exclusivity, and potential partnerships or licensing opportunities.
FAQs
Q1: How does the scope of AU2022235569 compare to similar international patents?
A: It is tailored to the specific chemical structure and therapeutic applications unique to Australia. While some claims may overlap with counterparts in the US or Europe, local patent laws necessitate precise claims and novelty, impacting scope.
Q2: Can a competitor develop a similar drug that avoids infringing this patent?
A: Yes, by modifying the chemical structure beyond the claims’ scope or employing different synthesis methods, competitors can design around the patent. A detailed freedom-to-operate analysis is advised.
Q3: What are the main risks to patent enforceability in Australia?
A: Challenges include prior art disclosures, insufficient inventive step, or claims that are overly broad or vague. The patent’s validity ultimately depends on judicial or patent office review.
Q4: How does the patent landscape influence drug development strategies?
A: It informs companies on existing patent barriers, opportunities for licensing, or areas where innovation can carve out new patentable niches.
Q5: What is the typical lifespan of this patent, and when can generics enter?
A: Available for 20 years from the filing date, generally until August 2042, subject to renewal. Generic entrants can patent-expiry or challenge validity, depending on legal proceedings.
References
- IP Australia. "Australian Patent System." https://www.ipaustralia.gov.au
- Patents Act 1990 (Cth). Australian legislation governing patent law.
- Patent Landscape Reports. Various industry reports, including WIPO and EPO publications.
- Prior Art Databases. PatentScope, Espacenet, and commercial patent analytics tools.
- Pharmaceutical Patent Strategies. World Intellectual Property Organization (WIPO) reports.
Disclaimer: This analysis is for informational purposes and does not substitute for professional legal advice specific to the patent and relevant jurisdiction.
