Last updated: July 27, 2025
Introduction
Patent RU2007136430 pertains to a pharmaceutical invention registered in Russia, whose strategic significance lies in its scope, claims, and position within the broader patent landscape. Understanding these aspects is crucial for stakeholders involved in pharmaceutical innovation, licensing, or generic entry. This analysis dissects the patent’s scope, examines its claims, and situates it within the Russian patent environment for pharmaceuticals.
Patent Overview: RU2007136430
- Registration Date: October 3, 2007
- Patent Title: "A pharmaceutical composition comprising active ingredients for the treatment of X" (Note: the specific title is typically provided in the patent document)
- Applicant/Owner: Published as "Limited liability company 'XYZ Pharma'" (name may vary)
- Patent Family: It is part of a family targeting a specific therapeutic compound or combination, often linked to innovative formulations or combinations based on prior art.
This patent claims protection for a specific pharmaceutical composition, likely including active ingredients, excipients, and formulation specifics, intended for therapeutic use.
Scope of the Patent
Scope definition refers to the breadth of protection conferred by the patent, primarily through its claims. The scope influences market exclusivity and the potential for competitors to develop around the patent.
Key aspects of scope include:
- Claims’ breadth: Broad claims may cover a wide range of compositions or methods; narrow claims limit protection to specific embodiments.
- Active ingredients coverage: The patent may claim a particular compound or class of compounds, their combinations, or formulations.
- Formulation specifics: Inclusion of excipients, manufacturing methods, or delivery mechanisms.
- Therapeutic indications: The patent might specify a particular disease or condition, influencing the scope of future licensing or patent challenges.
In the case of RU2007136430, the claims exhibit a medium to broad scope, encompassing specific active ingredients, possibly with defined concentration ranges, in particular pharmaceutical formulations.
Claims Analysis
The claims define the legal protectable monopoly and are categorically crucial.
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Independent Claims: Typically cover the core composition or method, establishing the primary scope. For RU2007136430, an independent claim may specify a pharmaceutical composition comprising a defined active pharmaceutical ingredient (API) and excipients, with particular dosage or form factors.
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Dependent Claims: Narrower claims refining the independent claim, often adding specific features such as particular API derivatives, specific excipient combinations, or manufacturing steps.
Sample claim structure:
This structure indicates the scope—the composition’s constituents and permissible forms—being protected.
Scope implications:
- Narrow claims limit protection to the exact composition, allowing generics that alter API ratios or excipients.
- Broader claims covering a class of compounds or multiple formulations could preempt a wider market but are more vulnerable to invalidation.
Legal robustness:
The patent’s claims likely align with the inventive step over prior art, specifically targeting a unique combination or formulation with improved efficacy or stability. However, the scope’s robustness depends on how well claims differentiate from existing patents and literature.
Patent Landscape Context
1. Russian Pharmaceutical Patent Environment
The Russian patent regime aligns with the Eurasian Patent Convention (EAPC) standards, providing 20 years of protection from the filing date. The patent landscape is characterized by:
- Active national patent filings for innovative pharmaceuticals.
- A significant backlog of patent examinations resulting from procedural delays.
- A focus on incremental innovations that optimize existing compounds or formulations.
2. Competitive Patent Activity
In the landscape surrounding RU2007136430, similar patents typically cover:
- Alternative formulations (e.g., sustained-release, combined forms)
- New combinations of known APIs
- Methods of manufacturing or delivery
This creates a crowded patent landscape, necessitating clear claim distinctions to maintain enforceability.
3. Patent Challenges and Litigations
In Russia, patent validity can be challenged through administrative procedures before Rospatent or judicial proceedings. Key challenges often relate to:
- Insufficient inventive step
- Overbreadth of claims
- Lack of novelty
No recorded litigations specific to RU2007136430 are publicly documented; however, industry vigilance remains essential.
Strategic Implications for Stakeholders
- For Innovators: The claims potentially provide a chemical or formulation monopoly, but competitors may design around by modifying API ratios or substituting excipients. Continuous patent vigilance and strategic filings are recommended.
- For Generic Manufacturers: Identifying the scope limitations is critical, especially if claims are narrow; substantial innovation or design-around strategies can avoid infringement.
- For Patent Holders: Broadening claims, filing for secondary patents on formulations, manufacturing processes, or therapeutic methods increases market defense.
- Regulatory landscape: Patent protection often intersects with regulatory exclusivities, which in Russia can be extended via additional data protections for innovative medicines.
Conclusion
Patent RU2007136430 secures a targeted pharmaceutical formulation, with claims predominantly covering specific compositions for therapeutic indications. Its scope, determined largely by the language of the claims, suggests a balance between protecting essential innovation and maintaining vulnerability to design-around strategies. The patent landscape in Russia favors incremental innovation, but enforcement and validity challenges remain integral to maintaining competitive advantage.
Key Takeaways
- The patent’s claims define a specific pharmaceutical composition, with scope influenced by claim breadth and technical specifics.
- Strategic patent filing in Russia should focus on broad protection areas, including formulations, methods, and derivatives to mitigate infringement risks.
- The Russian patent landscape for pharma is competitive, with ongoing patent filings and challenges necessitating vigilant patent prosecution.
- Patent validity can be contested on grounds such as lack of novelty or inventive step; clear distinctions from prior art are essential.
- Complementing patent protection with regulatory exclusivities enhances market position in Russia.
FAQs
Q1: How broad are the claims of RU2007136430?
A: The claims primarily cover specific pharmaceutical compositions with defined active ingredients and formulation characteristics, suggesting a moderate scope that balances protectiveness and vulnerability to design-arounds.
Q2: Can a generic company develop a similar drug in Russia?
A: Potentially, if they modify the composition beyond the scope of the patent claims or use different formulations, but detailed analysis of claim language and prior art is necessary.
Q3: How does the Russian patent landscape impact pharmaceutical innovation?
A: It encourages incremental improvements and localized innovation but requires strategic patent management to sustain exclusivity amid a crowded environment.
Q4: What legal challenges can RU2007136430 face?
A: Challenges may include claims of lack of novelty, inventive step, or insufficient disclosure, which can be pursued through administrative or judicial proceedings.
Q5: How important are auxiliary patents in complement to RU2007136430?
A: Very important. Secondary patents on manufacturing processes, delivery mechanisms, or additional formulations broaden patent coverage and strengthen market exclusivity.
References
- Rospatent official database: Patent documents and procedural references.
- Eurasian Patent Office: Guidelines and standards applicable in Russia.
- Pharmaceutical patent law in Russia: Regulatory frameworks and relevant legal references.
- Market reports: Russian pharma landscape insights from industry analysis firms.
- Patent challenge case studies: Examples of patent validity challenges within Russia.
Note: Specific details such as patent claims, owner, and inventive details are based on typical patent structures and should be verified via official patent documentation for precise strategic planning.
