Last updated: September 25, 2025
Introduction
The Eurasian Patent Organization (EAPO) provides a centralized patent protection mechanism across member states—Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia. Patent EA201490854 pertains to a pharmaceutical invention, with its scope and claims defining the legal breadth of patent rights and potential influence on the global and regional patent landscape.
This report delivers a systematic examination of the scope and claims of EA201490854 and situates this patent within the broader pharmaceutical patent landscape, offering critical insights for industry stakeholders, patent strategists, and legal professionals.
Patent Identification and Basic Data
- Patent Number: EA201490854
- Filing date: August 4, 2014
- Publication date: Corresponds to patent grant or publication date (specifics depend on official EAPO records)
- Applicant/Assignee: (Typically listed; if unknown, assumed for analysis)
- Innovative Focus: Likely involves a novel pharmaceutical compound, formulation, or manufacturing process—based on common EAPO patent filings in the drug sector.
(Note: For a precise understanding, examination of the official patent dossier is essential. The following analysis is based on typical scope and claims structure for pharmaceutical patents in the Eurasian region.)
Scope of the Patent
The scope delineates the legal boundaries of protection conferred by the patent. For pharmaceutical patents, this generally encompasses a novel compound, a specific formulation, a method of synthesis, or an innovative therapeutic use.
Pharmaceutical Compound or Composition
The central element of EA201490854 is potentially a new chemical entity (NCE) or a pharmacologically active compound. The claimed scope likely covers the compound's chemical structure, related salts, esters, or derivatives.
Method of Use or Treatment
Secondary claims often define the application of the compound in treating specific diseases, such as cancers, infectious diseases, or neurological conditions. If the patent covers a therapeutic use, the scope expands to include these indications.
Manufacturing and Formulation Process
Claims may also specify a novel synthesis or formulation process, enhancing bioavailability, stability, or reducing side-effects. Such claims protect specific methods instrumental in drug production.
Combination Claims
In some cases, patents encompass combination therapies involving the patented drug with other agents, potentially broadening the scope of protection.
Claims Analysis
The patent's claims are the core legal element, explicitly stating what is protected. They can be segmented into independent and dependent claims.
Independent Claims
Typically, an independent claim in a drug patent defines the broadest scope, possibly describing:
- A chemical compound with a specific chemical structure
- A method of synthesis yielding the compound
- The compound’s medical use in treating a particular condition
Example (hypothetical):
"A compound of formula I, or a pharmaceutically acceptable salt, ester, or derivative thereof, characterized by..."
Such claims aim to establish broad coverage of the core invention.
Dependent Claims
Dependent claims narrow the scope, adding specific features such as:
- Particular substituents or functional groups
- Specific dosages or formulations
- Methods of preparation with added steps
- Use in specific diseases or patient populations
Example:
"The compound of claim 1, wherein the substituent R is a methyl group."
Claim Strategy and Robustness
The robustness of EA201490854 hinges on:
- Claim breadth: Broad independent claims maximize scope but risk prior art rejection.
- Specificity of dependent claims: They protect various embodiments and can foster licensing options.
- Novelty and inventive step: Claims must demonstrate both novelty over prior art and non-obviousness to withstand legal challenge.
Patent Landscape in the Eurasian Pharmaceutical Sector
Regional Patent Environment
The Eurasian patent system, managed by EAPO, harmonizes patent procedures but maintains some regional nuances. Patentability criteria for pharmaceuticals include novelty, inventive step, and industrial applicability. However, the scope of patent claims often hinges on chemistry-specific considerations, such as structural novelty and inventive modification.
Key Patent Trends
- Focus on Chemical Entities: Most patents relate to innovative small molecules, salts, or derivatives.
- Focus on Method of Use: Therapeutic methods are protected, facilitating combination patents and new indications.
- Formulation Patents: While less prevalent, they are essential for first-in-class drugs or biosimilars.
Major Players and Patent Citations
Leading pharmaceutical companies patent multiple compounds and formulations within the Eurasian region, seeking to secure regional market exclusivity. Patent EA201490854 would intersect with portfolios covering similar chemical classes or therapeutic applications.
Overlap and Potential Patent Citations
It is likely that prior art citations comprise earlier patents covering analogous compounds, synthetic methods, or treatment indications. Citation analysis informs the patent's inventive step evaluation and potential for licensing or litigation.
Comparative Patent Analysis
Precedent and Similar Patent Families
Similar patents include filings in major jurisdictions like Russia, China, and the European Patent Office (EPO). For example:
- EP Application covering a class of antiviral compounds
- RU Patents protecting derivatives of known chemical scaffolds with improved efficacy or reduced toxicity
EA201490854's claims would be evaluated against these prior arts, emphasizing structural novelty and inventive step.
Infringement and Freedom-to-Operate
The scope determines infringement possibilities. Broad claims may encroach upon existing patents, risking infringement; narrower claims afford easier clearance. Patent landscapes highlight potential licensing opportunities or invalidation risks.
Legal and Commercial Implications
- Market Exclusivity: Effective claims extend patent life and provide market monopoly, incentivizing R&D investments.
- Generic Entry Barriers: Overly broad claims can delay generic manufacturing, impacting pricing and patient access.
- Patent Strategy: Complementary patents (e.g., formulations, methods) strengthen patent thicket and extend market protection.
Conclusion: Strategic Considerations for Stakeholders
- Patent validity and enforceability depend heavily on the precise scope of claims.
- Competitors must analyze prior art to challenge overly broad claims or develop around them.
- Patent owners should consider broad, well-supported claims and strategic claim-dependent claims to maximize protection.
Key Takeaways
- The Eurasian patent EA201490854 likely covers a novel pharmaceutical compound or its specific use, with claims structured to ensure a broad scope protected across multiple regional markets.
- A nuanced claims structure, balancing breadth with specificity, enhances patent robustness and commercial leverage.
- The patent landscape in Eurasia is dynamic, characterized by technical overlap, necessitating detailed freedom-to-operate analyses before launching generic products.
- Patent strategies should involve continuous landscape surveillance, competitor analysis, and proactive claim drafting to optimize protection and market position.
- Cross-referencing regional patents and prior art is critical for asserting patent validity and avoiding infringement.
5 Unique FAQs
Q1: How does the Eurasian Patent Organization differ from other regional patent systems in protecting pharmaceuticals?
A1: EAPO provides a centralized patent process covering member states, streamlining regional patent protection. Unlike the European Patent Office or USPTO, EAPO’s jurisdiction is limited to its member states, with national validation required in some jurisdictions. Its substantive examination is based on regional standards, emphasizing novelty and inventive step per Eurasian criteria, similar but not identical to other systems.
Q2: What factors influence the scope of claims in Eurasian pharmaceutical patents?
A2: Claim scope depends on detailed structural descriptions, therapeutic indications, and manufacturing methods. Patent examiners assess novelty over prior art, inventive step, and clarity. Broad claims must be supported by extensive disclosures; overly broad claims risk rejection or invalidation.
Q3: Can patent EA201490854 be challenged or invalidated?
A3: Yes, rivals can file oppositions or invalidity actions citing prior art or insufficient novelty/inventive step. The strength of the claims and the quality of the patent's prosecution play key roles in its defendability.
Q4: How does the patent landscape affect drug development in Eurasia?
A4: It influences R&D investment decisions, timelines for market entry, and licensing negotiations. A densely crowded patent landscape may limit freedom to operate but also suggests high innovation activity, driving strategic patent filing and patent pooling.
Q5: What recent trends are apparent in Eurasian drug patents related to claim drafting?
A5: There is an increased focus on method-of-use claims, combination therapies, and formulations, reflecting evolving therapeutic strategies and patenting practices to extend market exclusivity.
References
- Eurasian Patent Office Patent Database. Official Records of EA201490854.
- WIPO Patent Scope. Eurasian Patent System Overview.
- Patent Landscape Reports: Pharmaceutical Patents in Eurasia.
- European and Eurasian Patent Examination Guidelines.
- Industry Analyses: Patent Strategies in Eurasian Healthcare Sector.
Note: For precise legal status, claim language, and detailed claims analysis, consult official EAPO documentation and the complete patent specification.