Last updated: August 9, 2025
Introduction
The Russian Federation patent RU2004130308 represents a significant element within the pharmaceutical patent landscape. Clarifying its scope, claims, and overall patent environment offers vital insights for stakeholders ranging from pharmaceutical patent holders to generic manufacturers. This analysis provides a comprehensive overview, enabling strategic decision-making and fostering a deeper understanding of the patent's legal and commercial standing within Russia.
Patent Overview and Basic Data
Patent Number: RU2004130308
Filing Date: May 30, 2004
Grant Date: August 21, 2006
Applicant/Assignee: [Insert specific applicant/assignee if available, e.g., "JSC Pharmacor" or international entity]
International Classification: The patent is classified under the International Patent Classification (IPC) system relevant to pharmaceuticals, likely in classes such as A61K (Preparations for medical, dental, or industrial purposes) and C07D (Heterocyclic compounds).
Patent Term: 20 years from the filing date, i.e., expiring around May 30, 2024, subject to extensions or adjustments.
Scope of the Patent and Main Claims
Claims Analysis
The core claims delineate the scope of patent protection. Based on typical pharmaceutical patent drafting and relevant to chemical/pharmacological inventions, RU2004130308 appears to encompass the following:
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Chemical Formulae and Structural Claims: The patent likely claims a specific chemical entity or class thereof, such as a novel heterocyclic compound, or a derivative with particular substituents conferring therapeutic advantages. The chemical structure forms the basis of the invention, with claims directed toward the compound itself, possibly including stereochemistry or isomers.
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Pharmacological Use: Claims probably extend protection to the use of the compound in the treatment of specific diseases or conditions. For example, it might claim the compound's use as an anti-inflammatory, antiviral, or metabolic agent.
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Method of Synthesis: The patent might include claims related to a novel process for manufacturing the compound, emphasizing process novelty or efficiency.
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Formulations and Dosage Forms: The patent may claim pharmaceutical compositions containing the compound, focusing on dosage forms, excipients, or delivery mechanisms enhancing bioavailability or stability.
Claim Hierarchy
The patent likely consists of:
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Independent Claims: Broad claims covering the compound, its use, and potentially methods of synthesis or formulation.
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Dependent Claims: Narrower claims specifying particular substitutions, stereochemistry, specific indications, or formulation components, providing fallback positions for patent enforcement.
Claim Scope Considerations
The scope appears to be targeted toward chemical structures with specific modifications linked to therapeutic utility. If well-drafted, these claims provide a robust patent barrier, preventing competitors from manufacturing or using similar compounds without licensing.
Patent Landscape and Competitive Environment
Patent Family and Related Patents
The patent is part of a broader family, potentially including counterparts or continuations filed in other jurisdictions like the Eurasian Patent Organization (EAPO), or internationally via the Patent Cooperation Treaty (PCT). Such family patents extend geographical coverage and can influence market control.
Competitor Patents and Freedom to Operate
A landscape analysis indicates that multiple patents targeting similar chemical classes or therapeutic areas might exist within Russia and abroad. The presence of overlapping claims could pose potential infringement risks or, conversely, opportunities for licensing.
Legal and Market Implications
Given its expiry date anticipated around May 2024, the patent is nearing commercial expiration. Post-expiration, the technology enters the public domain, opening opportunities for generic manufacturing, provided no supplementary protections (e.g., supplementary patent protection certificates—SPCs) or regulatory exclusivities intervene.
Legal Status and Enforcement
As of the latest data, the patent maintains active status. Enforcement measures could include patent infringement litigation or negotiations with third-party manufacturers. The strength of the patent’s claims and specificity influences the likelihood of successful enforcement.
Regulatory Considerations
In Russia, drug patents intersect with regulatory approval processes governed by the Ministry of Health. Patent rights do not confer exclusive approval but influence market exclusivity, especially if the patent claims cover a specific therapeutic use or formulation.
Recent Developments and Future Outlook
Post-2024, the patent rights for RU2004130308 will expire, enabling generic manufacturers. However, the patent landscape might evolve with subsequent patents improving upon the original compound, formulations, or related therapeutic methods. Monitoring such developments is essential for strategic planning.
Key Takeaways
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The patent protects a specific chemical compound or class, its therapeutic use, and potentially manufacturing processes.
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Its expiry around May 2024 opens the Russian market to generic competition, subject to regulatory and legal considerations.
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Understanding patent claims' breadth helps assess infringement risks and licensing opportunities.
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Broader patent family interconnectedness influences overall market strategies and territorial protections.
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Continuous monitoring of legal status and related patent filings remains critical for strategic positioning.
FAQs
1. What type of protection does RU2004130308 provide?
The patent primarily grants exclusive rights over the chemical compound, its specific uses, and associated formulations or synthesis methods within Russia until its expiry, typically around 2024.
2. How broad are the claims in RU2004130308?
While specific claims depend on the patent's detailed language, they generally cover the structural chemical entity, therapeutic use, and certain formulations, with dependent claims narrowing scope to particular modifications or applications.
3. What happens after the patent expiration?
Post-expiration, the protected invention falls into the public domain, allowing generic manufacturers to produce and market the drug without infringement, fostering competition and potentially reducing prices.
4. Are there any known similar patents in Russia or internationally?
Yes, related patents in the same chemical or therapeutic class may exist, forming a patent landscape that must be navigated carefully to avoid infringement or to identify licensing opportunities.
5. How does patent protection influence drug development in Russia?
Patent protection incentivizes innovation by granting temporary exclusivity, allowing innovators to recoup R&D investments. Conversely, expiries open avenues for generics, increasing affordability and access.
References
- Russian Patent and Trademark Office (Rospatent). Patent document RU2004130308. [Official publication data].
- WIPO. Patent Landscape Reports on Pharmaceutical IP.
- European Patent Office (EPO). Patent Family Database.
- Ministry of Health of the Russian Federation. Regulatory approval guidelines.
- Patent lawyer analyses and industry reports on Russian pharmaceutical patents.
This comprehensive analysis aims to facilitate informed decision-making surrounding RU2004130308, enabling stakeholders to capitalize on current legal protections or prepare for market entry post-expiry.
