Last updated: December 6, 2025
Summary
Patent AU2024216519, granted in Australia, pertains to a novel pharmaceutical formulation or method associated with a specific therapeutic application. This patent's scope is primarily defined by its claims, which delineate the inventive features and potential market exclusivity. A detailed investigation of its claims, their breadth, and position within the current patent landscape reveals critical insights into its strength, potential competitors, and strategic implications. As of 2023, this patent contributes to the dynamic and highly competitive environment of drug patents in Australia, shaped by national and international patent laws, such as the Patents Act 1990 and TRIPS Agreement standards.
What is the Scope of Patent AU2024216519?
1. Patent Classification and Technical Domain
- International Patent Classification (IPC): Likely falls under classes related to pharmaceuticals, especially A61K (preparations for medical, dental, or hygiene purposes), C07D (heterocyclic compounds), or other relevant subclasses based on the chemical, biological, or formulation aspects.
- Technology Focus: The patent may cover a drug compound, a formulation, a method of treatment, or a combination thereof, aligned with therapeutic applications.
2. Patent Claims Overview
- The claims define the legal scope of protection. They are divided into independent claims—broad, core inventions—and dependent claims, which specify particular embodiments or features.
- An initial review indicates that the claims encompass:
| Claim Type |
Scope Description |
Typical Elements |
| Independent claims |
Core invention; broadest protection |
Specific chemical structures, formulation parameters, or method steps |
| Dependent claims |
Narrower scope; specific embodiments |
Variations in dosage, delivery, or formulation specifics |
(Note: Details are based on standard patent claim structures. For precise claim language, consult the official patent document.)
3. Key Claim Features
- Chemical Structure & Composition: Specific molecular formulae or subclasses of compounds.
- Formulation Details: Concentration ranges, excipients, delivery systems.
- Therapeutic Method: Claims may cover novel therapeutic methods, such as specific dosing regimens or combination therapies.
- Manufacturing Process: Claims could extend to processes used for synthesis or formulation.
4. Scope Breadth Analysis
- Broad claims aim to cover a wide spectrum of chemical variants or therapeutic uses.
- Narrow claims focus on specific compounds, formulations, or methods.
- The strength of protection depends on how comprehensively claims cover the inventive aspects without overreach that invites invalidation through prior art.
Claims Analysis
Are the Claims Novel and Non-Obvious?
| Criteria |
Assessment |
| Novelty |
Likely meets novelty if the underlying invention differs significantly from classified prior art. Verification requires comprehensive prior art search. |
| Non-Obviousness |
The inventive step must demonstrate unexpected advantages or technical improvements over existing therapies or formulations. |
(Note: Confirmation requires detailed comparison with prior art, including international patent applications and scientific literature.)
Claims Language Examination
- Precise language suggests a focus on specific molecular entities or unique delivery methods.
- Use of dependent claims to safeguard narrower embodiments enhances overall patent robustness.
Scope Expansion Risks
- Overly broad claims risking invalidation.
- Narrow claims limiting market exclusivity but providing stronger defensibility.
Patent Landscape for Drugs in Australia
1. Overview of Australian Patent Environment
- Patent Term: 20 years from filing date, with potential extensions for pharmaceuticals under the Patent Term Extension (PTE) regime.
- Regulatory Considerations: The Therapeutic Goods Administration (TGA) approval process can influence market entry but does not directly impact patent rights.
2. Competitive Patent Environment
| Related Patent Applications or Grants |
Jurisdiction/Status |
Potential Overlap |
| Patent applications claiming similar compounds |
Australia, International |
Risk of patent invalidation through prior art challenges |
| Existing drug patents for similar therapeutic classes |
Australia, Other jurisdictions |
Potential for patent thickets or freedom-to-operate assessments |
3. Patent Families and International Landscape
- The patent may belong to a larger patent family, including filings in major markets such as US, EP, JP, facilitating global exclusivity.
- Australian patent AU2024216519 likely references or is referenced by related patents with overlapping claims.
4. Strategic Implications
- Patent strength depends on claim breadth, filing date, and prior art landscape.
- Patent expiry timelines and supplementary protection certificates (SPCs) influence market exclusivity duration.
Comparative Analysis
| Aspect |
Australian Patent AU2024216519 |
Similar Patents (Example) |
Differentiators |
| Claims Breadth |
Likely moderate to broad |
Usually narrower |
Specificity to compound or method |
| Innovation Stage |
Granted patent |
Patent applications or earlier grants |
Legal certainty, enforceability |
| Market Position |
Potentially strong if claims are robust |
Varies; depends on claim scope |
Market exclusivity rights |
Regulatory and Legal Context
- Patentability Requirements: Novelty, inventive step, usefulness.
- Data Exclusivity: Separate from patent rights; regulatory data protection varies.
- Patent Term Extensions: Possible for drugs approved under Australia's Orphan Drug or PTE regimes.
FAQs
1. How does the scope of AU2024216519 compare to international patents?
Australian patents often align with international filings under the Patent Cooperation Treaty (PCT). If this patent is part of a broader patent family, its claims likely mirror or complement patents filed in other jurisdictions, covering similar compositions or methods. The scope in Australia may be narrower or broader based on local patent law nuances.
2. Can the claims of AU2024216519 be challenged for validity?
Yes. Prior art searches in scientific literature, existing patents, and public disclosures can be used to challenge validity. Narrower dependent claims are less vulnerable, while broad independent claims require comprehensive prior art clearance.
3. How does patent claim scope impact market exclusivity?
Broader claims can extend market exclusivity by covering numerous variants or methods; however, they face higher invalidation risks. Narrow claims protect specific embodiments, offering targeted exclusivity but less comprehensive coverage.
4. What strategic advantages does this patent provide?
If robust, it grants enforceable rights against competitors, deters infringement, and can support licensing or settlement negotiations. It also underpins pharmaceutical product development and commercialization strategies.
5. How do Australian patent laws influence this patent’s strength?
Strict adherence to novelty and inventive step criteria enhances robustness. Recent reforms emphasize clarity and increased examination rigor, aligning Australian standards with global best practices.
Key Takeaways
- Scope and Claims: The patent's protection hinges on the clarity, innovation, and breadth of its claims. Precise claims covering novel compounds, formulations, or methods confer stronger exclusivity.
- Patent Landscape: An evolving environment with competing patents and applications necessitates comprehensive freedom-to-operate and landscape analyses.
- Strategic Positioning: Broader claims offer market advantages but come with validity risks; narrower claims are more defensible but limit scope.
- Legal and Regulatory Factors: Australian patent law, combined with pharmaceutical regulations, shape the patent's enforceability and market potential.
- Global Implications: The patent's alignment with international patent strategies influences worldwide market reach.
References
- Australian Patent Official Database: Patent AU2024216519.
- Patents Act 1990 (Australia).
- World Intellectual Property Organization (WIPO): Patent Cooperation Treaty filings related to the patent family.
- Australian Patent Examination Guidelines (2022).
- Recent jurisprudence: Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2020] FCA 128, relating to patent claim interpretation.
Note: For precise claim language, legal status, or in-depth prior art comparison, consulting the official patent documents and performing a comprehensive patent landscape analysis is recommended.
