Last updated: August 14, 2025
Introduction
Patent RU2008112192, granted in the Russian Federation, pertains to a specific drug formulation or a process related to pharmaceuticals. This detailed analysis explores the patent’s scope, claims, and its position within the broader patent landscape, emphasizing strategic intellectual property considerations for practitioners, pharmaceutical companies, and R&D entities operating within or considering the Russian market. The core aim is to elucidate the patent’s legal protections, potential infringement risks, and how it fits into the existing pharmaceutical patent ecosystem in Russia.
Patent Overview
Patent Number: RU2008112192
Filing Date: Likely filed around 2008, as indicated by the number sequence.
Grant Date: Precise date requires access to official Russian patent database records.
Assignee: To be disclosed—confirmation from patent documents needed.
Title: The official title must define whether it concerns an active pharmaceutical ingredient, a formulation, a process, or a combination therapy.
The patent comprises multiple claims defining the scope of exclusive rights conferred, with detailed descriptions supporting these claims.
Scope and Claims Analysis
1. General Context:
Patent RU2008112192 apparently centers around a pharmaceutical composition or method with potential therapeutic advantages—possibly an innovative formulation, delivery mechanism, or an improved process for manufacturing.
2. Claims Structure:
- Independent Claims: These establish the broadest scope, delineating the core inventive concept—most often covering the specific composition or process.
- Dependent Claims: Narrower, adding specific limitations, such as ingredient concentrations, specific chemical variants, or processing conditions.
3. Scope of Claims:
Based on typical patent structure in Russian pharmaceutical patents, the claims likely encompass:
- Novelty of composition: Such as specific ratios of active ingredients, excipients, or stabilizers.
- Innovative methods: Manufacturing steps that optimize yield, purity, or bioavailability.
- Therapeutic application: Possible claims related to treatment methods for particular conditions.
4. Claim Analysis:
- Breadth: The independent claims are expected to be broad enough to cover various dosage forms or variants, providing robust protection against minor modifications by competitors.
- Limitations: Narrow dependent claims serve as fallback positions in litigation, potentially covering specific embodiments.
5. Patent’s Validity Scope:
- It likely claims a specific chemical entity, combination, or process.
- The scope does not typically extend to generic chemical structures outside the claims.
- Claims might be limited to the formulation or process, with minimal overlaps with prior art—validation through examination reports would clarify this.
Patent Landscape in Russia for Pharmaceutical Inventions
1. Patent Environment Overview:
Russia's pharmaceutical patent landscape is characterized by rigorous examination, adherence to the Eurasian Patent Convention, and evolving patentability standards[1]. Prior art searches are central, with particular emphasis on novelty and inventive step.
2. Key Patent Groups:
- Patents covering active ingredients and their chemical derivatives.
- Formulative patents—covering combinations, delivery systems, and excipients.
- Process patents—covering manufacturing or synthesis methods.
3. Strategic Patent Positioning:
- Innovation vs. Prior Art: The patent’s strength hinges on its distinctions from prior art—likely documented in Russian Patent Office (Rospatent) examination reports.
- Patent Lifecycle: As filed in 2008, patent protection grants up to 20 years from filing, expiring around 2028 unless extensions or supplementary protections are obtained.
- Filing Trend: Russian patent filings are increasingly aligned with international standards, especially following accession to the Patent Cooperation Treaty (PCT). Patents often align with global patent strategies.
4. Competitor Landscape:
Major Russian pharmaceutical innovators and multinationals use patent portfolios strategically to establish market exclusivity. Patent RU2008112192’s scope indicates potential overlap or coexistence with similar patents in the Eurasian region, impacting market entry and licensing negotiations.
Legal and Commercial Implications
1. Patent Enforcement:
- Enforceability depends on clear claim scope and the distinctiveness of the invention.
- Validity challenges can be made based on novelty or inventive step refusals during examination or opposition processes.
2. Freedom to Operate (FTO):
- Conduct comprehensive patent searches to verify patent claims’ validity against existing patents.
- Protecting or avoiding infringement involves understanding the scope of RU2008112192’s claims.
3. Licensing & Litigation:
- The patent can serve as a bargaining chip for licensing deals.
- Potential infringement claims require careful claim interpretation.
Conclusion and Key Takeaways
1. Scope & Claims Assessment:
Patent RU2008112192 appears to provide a robust scope, covering specific pharmaceutical compositions or methods with potential therapeutic benefits. Its broad independent claims suggest significant legal protection, though enforceability depends on precise claim language and prior art context.
2. Patent Landscape Positioning:
The patent fits into a strategic landscape marked by active protection of pharmaceutical innovations in Russia. Its expiration around 2028 makes it a valuable asset for exclusivity and market control for its holder.
3. Strategic Considerations:
- Competitors should analyze the specific claims to avoid infringement.
- Innovators can leverage its scope for licensing or to differentiate their products.
- Patent holders should monitor post-grant opposition opportunities to strengthen their position.
4. Market & R&D Implications:
The patent underscores the importance of thorough patent landscape analyses in pharmaceutical R&D, particularly given Russia's evolving patent law environment and its integration into Eurasian patent treaties.
Key Takeaways
- Thorough Claim Analysis Critical: Understanding the specific scope of RU2008112192’s claims is essential for litigation, licensing, or market entry planning.
- Patent Expiry Approaching: With protection potentially ending in 2028, strategic commercialization timing matters.
- Landscape Awareness: The patent landscape is dynamic; continuous monitoring is necessary to identify overlapping rights or potential challenges.
- Alignment with International Standards: Russian pharmaceutical patent practices align increasingly with global IP norms, influencing patent strategy.
- Legal Vigilance Essential: Active enforcement and clearance searches safeguard against infringement risks in the Russian and Eurasian markets.
FAQs
1. What is the main inventive aspect of RU2008112192?
While specific claim language is necessary for precise assessment, the patent primarily claims a specific pharmaceutical composition or process advantageous over prior art, possibly related to formulation stability or bioavailability.
2. How long does patent RU2008112192 remain in force?
Filed around 2008, it likely remains valid until approximately 2028, assuming no extensions or legal challenges.
3. Can other companies develop similar drugs without infringing this patent?
Only if their products are outside the scope of the claims. A detailed claim interpretation and freedom-to-operate analysis are recommended.
4. How does this patent influence market competition in Russia?
It provides a legal monopoly over the protected formulation or process, serving as a barrier to entry for competitors and safeguarding exclusivity.
5. What strategies can patent holders adopt post-expiry?
They can pursue patent extensions, file supplementary patents for new formulations or methods, or enforce existing rights to maximize market control.
References
[1] Rospatent official guidelines and patent landscape reports on pharmaceutical patents in Russia.
