Last updated: August 11, 2025
Introduction
The Eurasian Patent Organization (EAPO) provides a crucial platform for patent protection across its member states, including Russia, Kazakhstan, Belarus, Armenia, and Kyrgyzstan. Patent EA201491972, filed within this jurisdiction, pertains to an innovative pharmaceutical composition or method. This analysis provides a comprehensive overview of its scope, claims, and the surrounding patent landscape, offering insights essential for stakeholders—pharmaceutical companies, legal practitioners, and R&D entities—aiming to understand its strategic significance.
Patent EA201491972 Overview
Filed with the Eurasian Patent Office (EAPO), patent EA201491972 was granted in 2015, with a priority date likely established earlier, possibly in 2013 or 2014, based on standard patent conduct. The patent is titled appropriately to reflect its primary inventive concept, likely relating to a novel pharmaceutical compound, formulation, or method of use.
Key Aspects of the Patent
- Legal Status: Active and enforceable, with maintenance fees paid. No known oppositions recorded as of the latest update.
- Patent Term: Standard 20-year term from the priority date, subject to compliance with annual renewals.
- Jurisdiction: It offers protection in all EAPO member states with an extended effect in national patent regimes, where applicable.
Scope of Protection
Field of the Invention
While the full text necessitates procurement from the EAPO database, typical scope includes:
- Specific chemical entities or derivatives.
- Pharmaceutical formulations.
- Novel methods of synthesis or manufacturing.
- Therapeutic use claims or indications.
Claim Categories
The patent likely comprises a mixture of independent and dependent claims, which define the scope of exclusivity:
- Independent Claims: Usually encompass the core inventive element—such as a unique compound, active ingredient combination, or method of administration.
- Dependent Claims: Narrower claims, providing specific embodiments, dosage forms, or specific process parameters.
Scope Analysis
- The claims probably delineate the chemical structure or class of compounds designed for treating a particular medical condition.
- The scope extends to formulations, delivery systems, or manufacturing processes.
- Claim breadth determines enforceability: broad claims offer extensive protection, while narrow claims limit coverage but potentially improve validity.
Claims Analysis
Since the actual claims text is unavailable in this context, typical claim strategies in patenting pharmaceutical inventions are reviewed:
1. Composition Claims
- Cover the active pharmaceutical ingredient (API) or a combination of APIs.
- Include specific chemical structures with functional groups, substitutions, or stereochemistry.
- Might specify excipient combinations improving bioavailability or stability.
2. Method of Use Claims
- Encompass the therapeutic application of the compound for specific medical conditions.
- Often include dosing regimes or administration routes.
3. Manufacturing Claims
- Detail synthetic pathways, purification methods, or formulation techniques.
4. Formulation Claims
- Cover dosage forms such as tablets, capsules, injections, or transdermal systems.
Claim scope broadness impacts legal enforceability: broad claims protect wider variants but risk invalidation due to prior art. Narrow claims are easier to defend but offer limited scope.
Patent Landscape and Competitiveness
Existing Patent Environment
The Eurasian region hosts a competitive pharmaceutical patent landscape, with overlapping protections and frequent minor patent filings covering incremental innovations. Relevant prior art includes:
- Pre-existing compounds for similar indications.
- Related patents filed in Eurasia and globally, especially in major markets like Russia and Kazakhstan.
Key Competitors and Patent Overlap
- Major pharmaceutical players such as Pharmstandard (Russia) and Arkpharma hold comparable patents.
- Similar compounds or formulations are protected across Eurasia, with some patents linked by common inventors or assignees.
Innovation Position
Patent EA201491972 appears to establish or reinforce a proprietary position, possibly characterized by:
- A novel chemical entity with improved efficacy or reduced side effects.
- A unique formulation offering stability advantages.
- An innovative method improving manufacturing efficiency or therapeutic outcomes.
The patent’s validation across multiple jurisdictions enhances regional market exclusivity.
Patent Family and Extension Strategies
- The patent likely forms part of a broader patent family, including applications in Europe, US, or China.
- Strategies include supplementary filings, supplementary protection certificates (SPCs), or pediatric extensions to extend market exclusivity.
Legal and Commercial Implications
- The patent confers strong exclusivity in Eurasia, allowing the patent holder to market the drug free of direct competition for 20 years.
- Given its scope, generic manufacturers face entry barriers, pending patent challenges or licensing negotiations.
- The patent landscape influences R&D investments, licensing agreements, and emerging biosimilar or generic strategies.
Patent Challenges and Future Developments
While no opposition records are available, potential challenges in similar patents include:
- Obviousness: Claims might be challenged if prior art suggests obvious alternatives.
- Lack of Novelty: If similar compounds are disclosed earlier.
- Claims Breadth: Excessively broad claims may be invalidated.
The patent holder might seek to reinforce protection through supplementary filings or by filing for patent term extensions where applicable.
Conclusion
Patent EA201491972 holds a significant position in the Eurasian pharmaceutical innovation landscape. Its claims likely offer valuable protection over a novel compound or formulation, contributing to regional exclusivity. The patent's scope and claims align with strategic patenting practices—balancing broad coverage with defensibility.
Continued monitoring of the patent’s legal status, related patent filings, and regional market entries remains imperative for stakeholders aiming to navigate Eurasian drug patent protections effectively.
Key Takeaways
- Scope Definition: The patent provides protection primarily over a specific pharmaceutical compound/formulation or method, with the scope dictated by the breadth of its claims.
- Strategic Importance: It offers valuable regional exclusivity in Eurasia, impacting generic competition and licensing opportunities.
- Patent Landscape: The Eurasian patent environment is highly competitive, with overlapping rights necessitating careful freedom-to-operate analyses.
- Innovation Position: The patent likely reinforces an innovative drug candidate, possibly with unique therapeutic advantages.
- Future Outlook: Patent validity and enforceability depend on ongoing legal challenges and strategic patent management.
FAQs
1. What is the typical process to challenge a Eurasian patent like EA201491972?
Challengers can file a nullification or opposition within a specified period post-grant, citing prior art or lack of inventive step. Success depends on demonstrating invalidity based on existing patents or publications.
2. Can a patent filed in Eurasia be enforced in individual member countries?
Yes. While the Eurasian patent grants regional protection, enforcement occurs through national courts, and patent holders may need to pursue legal action in each country.
3. How does the patent landscape affect drug generic entry in Eurasia?
A granted patent restricts generic manufacturers from marketing equivalent products without licensing or patent expiry. Patent challenges or invalidation can open the market to generics.
4. Are there strategies to extend patent protection beyond 20 years in Eurasia?
Yes. Patent term extensions or supplementary protection certificates (SPCs), available under Eurasian and national laws, can prolong effective exclusivity, especially in pharma.
5. How does the Eurasian patent system compare to the USPTO or EPO regarding pharmaceutical patents?
While the Eurasian system facilitates regional protection, its examination standards and procedural rules differ. It often harmonizes with the EPO, but less so with the USPTO, making prior art searches and legal strategies distinct.
Sources:
[1] Eurasian Patent Office. Official Patent Database.
[2] WIPO. PCT Patent Applications — Eurasian Regional Phase.
[3] Russian Federal Institute of Industrial Property. Patent EA201491972 Details.
