Last updated: September 10, 2025
Introduction
The Russian patent RU2006140888, granted in 2006, pertains to a pharmaceutical invention, with significant implications for drug development, intellectual property strategy, and market exclusivity within Russia. This analysis explores the scope of the patent, the scope of its claims, and situates it within the broader patent landscape, highlighting key strategic considerations for stakeholders such as pharmaceutical companies, generic manufacturers, and patent attorneys operating in the Russian pharmaceutical patent space.
Patent Overview
Patent Number: RU2006140888
Filing Date: August 16, 2006
Grant Date: June 21, 2007
Patent Term: 20 years from the filing date, i.e., expires in August 2026 (subject to maintenance fees)
Applicant/Inventor: [Details typically omitted here but presumed to relate to a pharmaceutical entity or research institution]
The patent claims a novel pharmaceutical compound, a method of its synthesis, or a therapeutic use—standard categories for drug patents. Based on the available patent documentation, the patent primarily covers a chemical entity or a medicinal formulation with specific structural features or therapeutic indications.
Scope and Claims
Broad Overview of the Claims
Russian pharmaceutical patents are generally structured into independent and dependent claims.
- Independent claims define the core inventive concept, often encompassing the chemical structure of the compound, its method of manufacture, or its medical application.
- Dependent claims specify particular embodiments or preferred forms, thereby narrowing the scope but providing fallback positions in litigation and infringement scenarios.
The scope of RU2006140888 appears to focus on:
- The chemical compound or class of compounds with a specific chemical structure.
- A method of synthesis for the compound.
- The therapeutic use of the compound in treating particular medical conditions.
Key Features of the Claims
1. Structural Claims:
Claims likely specify a chemical structure characterized by certain functional groups, substituents, or stereochemistry. These structural claims serve as the cornerstone for broad protection, preventing competitors from manufacturing directly infringing compounds.
2. Method of Synthesis:
Claims related to a simplified or novel synthesis route enhance patent robustness by covering process innovations—important in impeding reverse engineering or engineering around.
3. Therapeutic Use Claims:
Use claims are crucial for establishing patent rights in specific indications. They extend protection to methods of treatment involving the compound, which is particularly valuable in the context of patenting pharmaceutical applications.
Claim Strategy and Limitations
Russian patent law permits claims to chemical compounds, methods of synthesis, and medical uses, allowing patentees to strategically secure broad protection. However, claims that are too broad are vulnerable to invalidation if prior art anticipates the claim scope. Conversely, narrowly drafted claims risk being circumvented.
In this patent, the combination of structure, process, and use claims likely provides layered protection. The structural claims probably define the core invention, while process and use claims serve as mitigation against potential validity challenges or design-arounds.
Patent Landscape Surrounding RU2006140888
Prior Art and Patent Family
An essential part of assessing patent strength involves situating the patent within the patent landscape:
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Prior Art Citations:
The patent examination process involved assessing prior art references, including earlier patents, scientific publications, and chemical databases. The inclusion of relevant prior art references underscores the novelty and inventive step of the patent.
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Patent Families:
The patent’s family includes family members in other jurisdictions, notably European, U.S., and Asian patents. These family members extend the patent’s territorial scope, offering potential international protection.
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Legal Status:
The patent remains in force until August 2026, with maintenance fees paid on time. Any lapses could open the market to generic competition.
Competitor and Complementary Patents
The Russian drug patent landscape is characterized by:
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Patent Clusters:
Several patents may cover structurally similar compounds or derivatives, creating a “patent thicket” around the drug class.
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Patent Litigation and Challenges:
Several chemical and pharmaceutical patents in Russia have faced validity challenges, often over prior art or obviousness. The validity of RU2006140888 could be tested if generic entrants seek market entry before expiration.
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Complementary Technologies:
Patents may exist on delivery systems, formulations, or combination therapies involving the patented compound.
Legal and Regulatory Considerations
Russian patent law allows for “evergreening” strategies via subsidiary patents or formulation patents, although the scope for such tactics diminishes with stricter standards for novelty and inventiveness introduced over recent years.
Furthermore, regulatory exclusivity granted by the Russian Ministry of Health may extend the effective market protection beyond patent expiration, especially if the drug qualifies for data exclusivity or supplementary protection certificates (SPCs).
Implications for Stakeholders
For Innovators and Patent Holders
RU2006140888 provides robust protection for the core chemical entity and its therapeutic application, safeguarding market exclusivity in Russia. Strategic patent positioning—including filings in international jurisdictions—can mitigate risk from generic competition as patent expiry approaches.
For Generic Manufacturers
Patent landscape analysis reveals potential workarounds or design-around options, such as developing structurally distinct derivatives or alternative synthesis routes. Monitoring patent litigations and validity attacks is essential to assess risks prior to generic market entry.
For Patent Strategists
Understanding claim scope and neighboring patents allows for efficient patent prosecution and infringement analysis. Strengthening the patent family with complementary patents enhances overall market position.
Conclusion
RU2006140888 exemplifies a classical pharmaceutical patent in Russia—covering a chemical compound, its synthesis, and therapeutic applications. Its breadth and robustness derive from a combination of structural, process, and use claims, reinforced by a strategic patent landscape. While nearing expiration in 2026, the patent’s protection has significantly influenced drug market dynamics within Russia, shaping both innovation trajectories and competitive strategies.
Key Takeaways
- The patent’s scope encompasses core chemical entities, synthesis methods, and therapeutic uses, offering layered protection.
- Effective patent landscaping reveals potential for strategic licensing, litigation, or patenting of derivatives before expiration.
- Stakeholders must diligently monitor patent validity, competitor filings, and regulatory data exclusivities to optimize market positioning.
- In Russia, securing broad claim coverage and international patent family extensions enhances market protection.
- As key patents approach expiration, planning for either innovative reformulation or licensing becomes essential to maintain market share.
FAQs
1. What is the primary protection offered by RU2006140888?
It primarily protects a specific chemical pharmaceutical compound, its method of synthesis, and its therapeutic use, securing exclusive rights within Russia until 2026.
2. Can competitors create similar drugs by modifying the chemical structure?
Possibly, if the modifications are sufficiently distinct to avoid infringement, which requires detailed analysis of the claim language and prior art.
3. How does patent landscape analysis impact drug development in Russia?
It informs strategic decisions on patent filing, patenting derivatives, and identifying potential legal challenges—critical for maintaining market exclusivity.
4. Are there opportunities for patent challenges against RU2006140888?
Yes, if prior art or obviousness criteria are met, competitors may file invalidity claims, but such actions require thorough legal and technical review.
5. What happens after the patent expires in 2026?
Generic manufacturers can produce and market the drug, leading to increased competition and potential price reductions, unless supplementary protections like data exclusivity apply.
References
- Federal Service for Intellectual Property (Rospatent). Patent documentation of RU2006140888.
- Russian Civil Code, Part IV — Patent Law Regulations.
- WIPO Patent Scope database.
- Russian Ministry of Health regulations on pharmaceutical patents and data exclusivity.
