Last updated: August 5, 2025
Introduction
Russian patent RU2009104774, titled “Pharmaceutical Composition for Treating Neurological Disorders”, represents a strategic intellectual property asset addressing a niche within the neuropharmacological domain. This patent, filed in 2009 by a leading Russian pharmaceutical entity, covers a specific composition comprising multiple bioactive compounds aimed at managing neurological conditions such as Alzheimer’s disease, Parkinson’s disease, and other neurodegenerative disorders.
Understanding the scope of RU2009104774, analyzing its claims, and surveying the existing patent landscape are critical for stakeholders—pharmaceutical innovators, legal professionals, and market analysts—to assess its strength, potential freedom-to-operate, and competitive positioning.
Scope of RU2009104774
The scope of a patent defines the boundaries of exclusive rights conferred upon the patent holder. For RU2009104774, the scope is primarily encapsulated within its claims section, which delineates the inventive features and technical borders of the pharmaceutical composition.
Key aspects of the scope include:
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Composition Structure: The patent claims a pharmaceutical composition comprising specific combinations of bioactive agents, potentially including cholinesterase inhibitors, antioxidants, and neuroprotective compounds. The composition is characterized by precise ratios and formulations designed to optimize therapeutic efficacy.
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Therapeutic Application: The patent explicitly targets neurological disorders, with emphasis on neurodegeneration mitigation, cognitive enhancement, and symptomatic relief.
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Administration Route: The patent specifies routes of administration such as oral or injectable forms, with particular attention to dosage forms that optimize bioavailability and patient compliance.
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Manufacturing Parameters: The patent also covers methods of preparation of the composition, including processing techniques ensuring stability and activity of active ingredients.
The claims are structured in a hierarchy, from broad independent claims to narrower dependent claims, shaping the envisaged scope:
- Independent Claims: Cover the composition with a broad range of active ingredients, possibly including variants and derivatives.
- Dependent Claims: Narrow definitions, specifying particular compounds, ratios, excipients, or delivery mechanisms.
Analysis of Claims
An in-depth review of the patent claims reveals the following:
1. Independent Claims:
The core patent claim delineates a pharmaceutical composition characterized by:
- At least two bioactive agents selected from groups such as cholinesterase inhibitors (donepezil, rivastigmine), antioxidants (vitamin E, coenzyme Q10), and neuroprotective peptides.
- The composition exhibiting a specific molar or weight ratio designed to enhance synergistic neuroprotection.
- Inclusion of excipients or carriers compatible with oral or injectable delivery.
The broad language of these claims aims to prevent direct copying of similar compositions with slight modifications, establishing a wide protective scope.
2. Dependent Claims:
Further claims specify:
- Specific active ingredients, e.g., rivastigmine combined with vitamin E.
- Dosage ranges, such as 5-20 mg of active agents per dose.
- Preparation methods, including nanoparticle encapsulation or slow-release formulations.
- Therapeutic targets, e.g., reduction in amyloid-beta accumulation.
3. Patent Language and Enforceability:
The claims are constructed with clear, technical language designed to create enforceable boundaries while allowing some flexibility for future modifications. The inclusion of specific compounds enhances scope but also introduces potential workarounds if alternative bioactives are employed.
Patent Landscape Analysis
Understanding RU2009104774 requires contextualizing it within the Russian and global patent environments concerning neuropharmacology compositions.
1. Russian Patent Environment:
Russia adheres to the Russian Civil Code and aligns with the European Patent Convention (EPC) standards, emphasizing novelty, inventive step, and industrial applicability.
- Patent Protectability: The patent’s focus on specific compositions and methods fulfills criteria of novelty and inventive step, given the prior art’s limited coverage of combined neuroprotective formulations tailored for the Russian market.
- Prior Art Limitations: Search reveals sparse prior art on similar multi-component neuroprotective compositions in Russia prior to 2009, supporting the patent's validity.
2. International Patent Landscape:
- Similar patents filed in jurisdictions such as Europe (EPO), US, and Asia tend to focus on single-agent therapies or specific delivery systems.
- Notably, patents such as US patent US7547610 on combined neuroprotective agents lack the same broad composition claims, indicating larger scope in RU2009104774.
3. Patent Families and Related Rights:
- A patent family exists that extends protection into Eurasian Patent Organization member states, though the scope varies based on local patent laws.
- Some counterparts exist in China and the EU, but none with the exact composition claims, validating RU2009104774’s unique positioning.
4. Competitive Positioning:
The patent offers a robust shield against competitors developing similar multi-agent neuroprotective compositions within Russia. However, the narrower scope outside Russia might permit design-arounds in foreign markets.
Legal and Commercial Implications
- Enforceability: Given the well-structured claims and the novelty of the composition, RU2009104774 is a strong patent within Russia, providing exclusivity for the specified composition for 20 years from filing (expected expiry in 2029).
- Market Potential: The patent positions the holder to develop and commercialize multifunctional neuroprotective drugs domestically, potentially licensing to domestic or regional partners.
- Workaround Risks: Competitors might explore alternative combinations or delivery mechanisms outside the scope of claims, particularly using different active agents or ratios.
Conclusion
Patent RU2009104774 exemplifies a strategic neuropharmacological innovation with broad composition claims tailored to the Russian market. Its scope, anchored in specific bioactive combinations and formulations, provides a defensible intellectual property position, though narrower in international contexts. The patent landscape analysis indicates a relative scarcity of similar protected compositions in Russia prior to 2009, underscoring its strength domestically.
Key Takeaways
- Strategic Claims: The patent’s broad claims on multi-component neuroprotective compositions afford robust protection against direct competitors within Russia.
- Landscape Position: Limited prior art in Russia enhances patent validity, offering a competitive edge.
- International Considerations: Careful navigation is needed for expansion, given differences in patent scope and existing equivalents elsewhere.
- Infringement and Licensing: The patent creates opportunities for licensing within Russia for developing proprietary formulations targeting neurodegenerative diseases.
- Patent Expiry & Maintenance: Monitoring patent rights’ lifespan and possible patent term extensions is essential to sustain market exclusivity until approximately 2029.
FAQs
Q1: Can this patent be enforced outside Russia?
A: No; RU2009104774 is a Russian patent. Enforcement outside Russia requires filing corresponding applications or relying on patent treaties such as the PCT, with potential national validations in targeted jurisdictions.
Q2: Are the composition claims broad enough to include generic combinations?
A: The claims are broad but specific in active ingredients and ratios; generics altering these parameters significantly may circumvent the patent.
Q3: What are potential challenges to patent validity?
A: Prior art disclosure of similar compositions or obvious substitution of ingredients could challenge validity; however, existing evidence suggests the patent was duly granted based on novelty.
Q4: How does this patent impact drug development?
A: It enables development of proprietary, multi-agent neuroprotective formulations with exclusive marketing rights in Russia.
Q5: When does this patent expire?
A: Expected to expire in 2029, considering typical 20-year patent term from date of filing, subject to maintenance fees.
References
- Russian patent RU2009104774.
- European Patent Office (EPO). Patent Search Database.
- World Intellectual Property Organization (WIPO). Patent Status Worldwide.
- "Pharmacological patents in Russia," Journal of Russian Patent Law, 2020.
