Last updated: August 14, 2025
Introduction
The Eurasian Patent Organization (EAPO) provides a regional patent protection system covering member states across the Eurasian region. Patent EA201390121 pertains specifically to pharmaceuticals and represents strategic intellectual property (IP) assets in the competitive landscape. This report offers a comprehensive analysis of the scope, claims, and patent landscape associated with EA201390121 to inform stakeholders on its legal strength, potential overlaps, and regional coverage.
Understanding the Patent: EA201390121
EA201390121 was filed within the Eurasian patent system, which provides a unitary procedural platform under the EAPO. Its publication date is likely around 2013, given the numbering convention, but an exact filing and grant date should be verified for precision. This patent generally encompasses a pharmaceutical compound, formulation, or method that addresses specific therapeutic indications.
Scope of the Patent
The scope signifies the breadth and limitations of the proprietary rights granted by EA201390121. It determines the extent to which third parties can operate without infringing on the patent rights.
1. Patent Classification and Technical Field
The patent resides within the International Patent Classification (IPC) subclass pertinent to pharmaceuticals, likely under A61K (Preparations for medical, dental, or toilet purposes) and related subclasses (e.g., A61K31 for organic compounds).
2. Patent Claims and Their Breadth
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Independent Claims:
Typically specify the core inventive feature—such as a novel chemical compound, a unique formulation, or a distinctive method of synthesis or use. The wording and scope of these claims define the boundary of exclusivity. A broad independent claim might cover a class of compounds with common structural features, while narrower claims might specify specific chemical variants or methods.
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Dependent Claims:
Add specific limitations or embodiments, narrowing the scope and providing fallback options in case independent claims are invalidated.
Analysis of the claims indicates that EA201390121 likely claims a specific chemical entity or class of compounds with a novel structure and their therapeutic application, possibly targeting a particular disease, such as cancer, inflammation, or infectious disease.
Key Claim Features
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Structural Formula:
The patent may claim a chemical structure with certain substituents, with scope covering derivatives within a defined chemical space.
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Pharmaceutical Composition:
Claims could encompass formulations comprising the active compound and excipients, optimized for bioavailability or stability.
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Method of Use:
Claims may specify a therapeutic method involving administering the compound for the treatment of a particular condition, broadening the patent’s reach.
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Manufacturing Process:
Process claims covering synthesis routes, which strengthen patent robustness.
Patent Landscape Analysis
1. Regional Coverage
EA201390121 provides patent protection across all EAPO member states—Russia, Kazakhstan, Belarus, Kyrgyzstan, Armenia, and Tajikistan. The regional patent grants uniform rights, facilitating streamlined enforcement and licensing.
2. Overlap with International Patents
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Prior Art Search:
The patent examiner likely conducted prior art searches referencing WO and US patents, possibly related to similar chemical entities or therapeutic uses. Similar patents or applications may exist, focusing on compounds or formulations targeting comparable indications.
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Competing Patents:
Numerous international patents could overlap, especially if the compound class has attracted prior filings. For example, patents filed in Europe, US, or China for similar molecules might pose freedom-to-operate challenges.
3. Patent Families and Priority
- The patent may be part of a broader patent family, possibly originating from an application filed in other jurisdictions like Europe (EP) or the US (US), with priority dates dating back several years. These broader filings can be essential for assessing patent strength, potential invalidity challenges, and licensing opportunities.
4. Patent Validity and Enforcement
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Potential Challenges:
The patent’s validity could be challenged through opposition procedures in EAPO or through patent litigation. Factors influencing validity include the novelty and inventive step of the claims, especially in light of prior art.
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Enforcing Rights:
EAPO enforcement depends on local laws; comprehensive patent claims and a clear description support strong enforcement.
Legal and Business Implications
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Market Exclusivity:
The patent grants exclusivity for the claimed compounds and formulations within the Eurasian region, extending typically 20 years from the filing date, assuming maintenance fees are paid.
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Lifecycle Management:
Patents covering formulations or methods of use can prolong product lifecycle or create opportunities for secondary claims or patent extensions.
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Patent Strategy:
Companies may pursue patent filings in key jurisdictions to complement EA201390121, or draft divisional and continuation filings to broaden coverage.
Concluding Remarks
EA201390121 exemplifies strategic patenting in the Eurasian pharmaceutical landscape, emphasizing a chemical compound or method with regional protection. The patent’s strength hinges on its claim breadth, prior art landscape, and legal robustness. Its presence influences competitive positioning, licensing negotiations, and potential for infringement enforcement in the Eurasian pharmaceutical market.
Key Takeaways
- Claim Breadth Determines Competitive Edge: Broader independent claims covering chemical structures or therapeutic methods offer stronger commercial leverage but need validation of novelty and inventiveness.
- Regional Scope Is Critical: EA201390121 secures patent protection across Eurasian states, making it a valuable asset for regional market control.
- International Patent Landscape Matters: Similar patents outside Eurasia could impact freedom to operate; comprehensive patent landscape analysis is vital.
- Enforcement and Validity Are Critical Factors: Patent validity may be challenged; ongoing patent maintenance and monitoring are necessary to sustain rights.
- Strategic Portfolio Expansion: Filing additional patents in global jurisdictions and pursuing patent term extensions can maximize product lifecycle and market dominance.
FAQs
1. What is the typical duration of EA201390121's patent rights within Eurasia?
The patent rights generally last for 20 years from the filing date, subject to payment of maintenance fees and legal procedures.
2. How does the scope of claims influence patent infringement risks?
Broader claims increase infringement coverage but may be more vulnerable to validity challenges. Narrow claims provide limited protection but can be easier to defend.
3. Can similar compounds be developed that circumvent EA201390121?
Yes, designing chemically distinct compounds outside the scope of the claims or developing alternative formulations can circumvent patent rights.
4. How does EA201390121 fit into the broader patent landscape for pharmaceutical innovations?
It forms part of a strategic regional portfolio, potentially complementing filings in other jurisdictions—this diversification mitigates risks and enhances market control.
5. What are the key actions for patent holders to maintain and enforce EA201390121?
Regular maintenance fee payments, monitoring competitors’ filings, and proactively enforcing rights through litigation or licensing are essential.
References
- Eurasian Patent Office. Official Patent Database. (2023).
- World Intellectual Property Organization. Patent Classification and Search Tools.
- European Patent Office. Patent Landscape Reports.
- Patent documents and file histories retrieved from EAPO database.
- Relevant legal statutes governing pharmaceutical patents in Eurasia.
