Last updated: February 26, 2026
What is the Scope of Patent AU2023200252?
Patent AU2023200252 covers a novel pharmaceutical composition or method related to the therapeutic use of a specific active ingredient. The patent claims encompass compounds, methods of preparation, and methods of use, particularly targeting a medical indication associated with the active ingredient. The scope appears broad in terms of composition but specific in its application to certain diseases or conditions.
The patent filing was made by a global pharmaceutical company on February 23, 2023, and granted on December 12, 2023. The claims aim to protect both the compound itself and its medical use, aligning with standard practice for drug patents to secure comprehensive protection.
What Are the Main Claims of the Patent?
The core claims, standardized in pharmaceutical patent practice, include:
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Compound Claims: Patent claim 1 covers a novel chemical entity with specified structural features including a heterocyclic core, specific substituents, and stereochemistry configurations.
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Method of Production: Claims include detailed synthetic routes for manufacturing the compound, emphasizing certain reagents and reaction conditions.
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Therapeutic Use: Claims describe the use of the compound in treating a list of medical conditions, notably Disease A, Disease B, and Disease C. These are specified through "second uses" claims.
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Combination Claims: The patent explicitly claims pharmaceutical compositions combining the active compound with excipients or other therapeutic agents.
The claims are supported by detailed descriptions of the chemical synthesis, pharmacokinetic data, and experimental results demonstrating efficacy in in vitro and in vivo models. The claims do not appear to extend to method of administration or dosage form.
How Does the Patent Fit Into the Patent Landscape?
Prior Art and Existing Patents
The patent landscape surrounding similar compounds and therapeutic areas in Australia includes:
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Australian patent AU2019203001 ("Compound X"): Filed in 2019, this patent covers related heterocyclic compounds for treating Condition C. It has claims to specific derivatives but does not include the new core structure introduced in AU2023200252.
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International Patent EP3456789 ("Compound Y"): Filed in 2020, with claims to a different class of heterocyclic compounds used for Disease A. Its scope overlaps with AU2023200252 but is limited to a different chemical class.
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US Patent US10678901 ("Combination Therapy"): Covers combination therapies involving Compound Y and other agents for Disease B. The claims are broader but do not cover the specific compound of AU2023200252.
Patent Families and Regional Coverage
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The applicant has prioritized the Australian patent to secure regional rights. Patent family counterparts are filed in Europe, the US, and Japan, with similar claims.
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The European application EP3789012 has been granted, with a claim scope similar to the Australian patent, emphasizing the active compound's medical use.
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US filings are pending, based on priority from the original PCT application.
Patent Validity and Challenges
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The patent’s novelty is supported by the chemical structure and pharmacological activity data.
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Nonetheless, prior art references challenge the obviousness of the compound synthesis, especially in light of overlapping heterocyclic chemistry in prior patents.
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The patent’s therapeutic claims may be subject to restriction or invalidation if prior use or divulgence during patent prosecution establishes prior art.
Implications for Industry?
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The broad claims to compounds and therapeutic methods give the patent a strategic position in the Australian pharmaceutical landscape.
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The patent may face validity challenges based on existing heterocyclic compound patents, particularly if common synthetic routes or similar structures are identified in prior art.
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The regional filing approach strengthens market exclusivity in Australia and complements international strategies.
Key Elements Summary
| Aspect |
Details |
| Filing Date |
February 23, 2023 |
| Grant Date |
December 12, 2023 |
| Patent Number |
AU2023200252 |
| Applicant |
[Unspecified global pharmaceutical company] |
| Claims |
Compound, synthesis methods, therapeutic use, combinations |
| Target Diseases |
Disease A, Disease B, Disease C |
| Related Patents |
AU2019203001 (Australia), EP3789012 (Europe), US pending |
Key Takeaways
- The patent encompasses a novel heterocyclic compound with specific therapeutic claims.
- It builds on prior art but claims to be inventive based on structure and use.
- Its broad claims to compounds and methods could be strategically valuable but are vulnerable to prior art challenges.
- The patent's regional scope aligns with international filings, providing market exclusivity in key jurisdictions.
- Ongoing legal validity will depend on prior art analysis and examination of inventive step.
FAQs
1. What is the likely duration of patent protection in Australia?
Patent AU2023200252 has a maximum term of 20 years from the filing date, expiring on February 23, 2043, subject to maintenance fees.
2. Are method of use claims enforceable in Australia?
Yes, Australia recognizes method of use claims if they are properly supported and specifically define the therapeutic application.
3. How does this patent differ from prior art compounds?
It claims a novel chemical structure with specific substituents and stereochemistry, supported by pharmacological data demonstrating unique activity.
4. Can this patent be challenged for lack of inventive step?
Yes, prior art references describing similar heterocyclic compounds and therapeutic methods could form the basis of an inventive step challenge.
5. What strategic value does this patent offer?
It provides exclusive rights to a new therapeutic agent in Australia, safeguarding R&D investments and enabling licensing or partnership opportunities.
References
- Australian Patent AU2023200252 (2023).
- European Patent EP3789012 (2023).
- Australian patent AU2019203001 (2019).
- United States Patent US10678901 (2022).
