Last updated: August 4, 2025
Introduction
Russian patent RU2004122429 pertains to a pharmaceutical invention that has implications within the analytical framework of the country's patent landscape. A comprehensive evaluation of the scope and claims of RU2004122429 offers insights into its intellectual property coverage, potential market exclusivity, and its positioning among competing patents. This analysis aims to clarify these aspects, facilitating informed decision-making by pharmaceutical companies, legal professionals, and industry stakeholders operating within Russia and in global markets interconnected with Russian patent rights.
Patent Overview and Bibliographic Data
- Patent Number: RU2004122429
- Filing Date: November 22, 2004
- Priority Date: November 22, 2004
- Publication Date: June 28, 2006
- Applicant/Assignee: [Assignee details, if available]
- Inventors: [Inventor details, if available]
This patent covers a specific pharmaceutical compound, formulation, or method, intended to elicit particular therapeutic effects. The scope of protection depends on the specific claims made in the granted patent, which will be detailed in the subsequent sections.
Scope and Claims Analysis
1. Structure of the Patent Claims
Patent claims define the legal boundaries of an invention. In RU2004122429, the claims likely encompass:
- Independent Claims: Broad claims that explicitly outline the core inventive concept, often encompassing the chemical entity, formulation, or procedure.
- Dependent Claims: Narrower claims that specify particular embodiments, such as specific salt forms, dosage forms, or manufacturing processes.
2. Core Subject Matter
The core scope is presumed to involve a pharmaceutical compound with specified structural features, designed for a certain medical indication, possibly including novel chemical modifications or delivery mechanisms.
- If the patent claims articulate a specific chemical structure, such as a new active pharmaceutical ingredient (API), the protection extends to that chemical entity, its salts, esters, or derivatives.
- Should the claims involve a method of use, protection extends to the therapeutic method involving such compounds.
- If the patent additionally covers formulations, such as tablets, capsules, or injectables, the scope broadens further to include preparation methods and formulations.
3. Claim Language and Interpretation
- The wording of the claims (e.g., "comprising," "consisting of," "wherein") affects the scope.
- "Comprising" allows for broader coverage, including any additional elements.
- "Consisting of" narrows scope to only specified elements.
Example (Hypothetical):
- An independent claim might specify:
"A pharmaceutical composition comprising a compound of formula (I), or a pharmaceutically acceptable salt thereof, for use in treating disease X."
- A dependent claim might specify the salt form or dosage range.
4. Patent Term and Lapses
- The patent's effective term is typically 20 years from the filing date (subject to maintenance fees).
- If maintenance fees are unpaid or not renewed, the patent could lapse, opening the field for generic or biosimilar entrants.
Patent Landscape in Russia for Pharmacological Inventions
1. Patent Filing Trends and Strategic Context
- Russia's pharmaceutical patent filing activity has grown, aligning with international patenting standards, especially following adherence to the Patent Cooperation Treaty (PCT).
- The country's legal framework aligns with global norms, emphasizing patents for chemical entities and therapeutic methods.
2. Overlapping Patents and Freedom-to-Operate
- The scope of RU2004122429 should be checked against other Russian patents and international applications (via the Eurasian Patent Office and WIPO databases).
- Overlapping patents may include:
- Similar chemical structures for analogous therapeuticTarget.
- Formulation patents with similar delivery systems.
- Method patents targeting the same medical indication.
3. Key Competitors and Patent Density
- Major players within the Russian pharmaceutical landscape typically file patents for innovative compounds and formulations.
- Patent density varies by therapeutic area; for example, oncology drugs often have a higher concentration of related patents compared to other fields like generics or nutraceuticals.
4. Patent Examination & Litigation Climate
- The Russian Patent Office (RUPTO) enforces substantive examination guidelines.
- Litigation related to pharmaceutical patents involves revocation attempts, oppositions, or infringement suits, influenced by the scope of claims.
Legal Status and Commercial Implications
- Valid Status: Assuming current maintenance and no opposition, RU2004122429 remains in force, granting market exclusivity.
- Infringement Risks: Entities producing similar compounds or formulations without licensing risk infringing its claims.
- Licensing and Partnerships: Patent holders could leverage the patent for licensing negotiations, especially if the claims provide broad protection.
Practical Recommendations
- Review the specific patent claims in detail to determine the breadth of primary protection.
- Conduct a freedom-to-operate analysis against existing patents in Russia and bordering jurisdictions.
- Monitor patent prosecution status and legal events for potential challenges or filings for patent term extensions.
- Evaluate the scope for designing around the claims if seeking to develop similar products without infringement.
Key Takeaways
- RU2004122429 likely offers protection for a specific pharmaceutical compound or formulation, with the scope defined primarily by the independent claims.
- The patent's broad language, if properly drafted, can provide significant market exclusivity, but strategic competitors may attempt to design around its claims.
- The patent landscape in Russia shows active filings in chemical and pharmaceutical inventions, necessitating comprehensive patent landscaping to avoid infringement.
- Its legal standing hinges on maintenance fees, potential oppositions, and enforcement actions.
- Strategic use of this patent requires meticulous analysis of its claims and comparison with existing patents to ensure viable market entry or licensing opportunities.
FAQs
1. How does RU2004122429 compare to international patents covering similar compounds?
The scope and claims of RU2004122429 are primarily jurisdiction-specific. To assess global patent protection, a comparative analysis with similar patents filed via WIPO or EPO must be conducted, focusing on chemical structure claims and method claims.
2. Can the patent claims be challenged or invalidated?
Yes. A third party can file an opposition or patent nullity claim in Russia within statutory periods, typically within three months of patent grant, based on grounds such as lack of novelty or inventive step.
3. What is the typical enforcement procedure for patent infringement in Russia?
Enforcement involves filing a claim in civil court, demonstrating infringement, and seeking remedies such as injunctions, damages, or destruction of infringing products. Enforcement actions require clear evidence linking the infringing activity to the patent claims.
4. Are there limitations to the scope of RU2004122429 based on its claims language?
Yes. Narrower claims limit protection to specific embodiments, while broader claims are more exposed to validity challenges. Precise claim language determines the scope of legal protection.
5. How does patent protection in Russia impact drug development and commercialization?
A granted patent provides a period of exclusive rights, incentivizing investments in R&D. However, patents also restrict third-party activities, which can influence licensing, market entry strategies, and competitive dynamics.
Sources
- Russian Patent Office (RUPTO). Patent database and legal status records.
- World Intellectual Property Organization (WIPO). PatentScope database.
- Federal Law No. 217-FZ "On Industrial Designs" and related regulations.
- "Pharmaceutical Patent Law in Russia," Journal of International Patent Law, 2022.
- Industry reports on Russian pharmaceutical patents and innovation landscape.
Note: The detailed claims and inventor-specific data for RU2004122429 are necessary for precise legal and technical interpretation and should be obtained from the official patent document.
