Last updated: August 1, 2025
Introduction
Patent RU2009118392 pertains to a pharmaceutical invention filed within the Russian Federation. As part of a strategic intellectual property (IP) review, understanding its scope, claims, and the existing patent landscape is crucial for stakeholders involved in drug development, licensing, or generic manufacturing. This report provides a detailed analysis based on publicly available patent documentation and explores the broader patent environment in Russia for this class of drugs.
Patent Overview and Bibliographic Data
- Patent Number: RU2009118392
- Application Filing Date: Likely 2009 (based on the patent number sequence)
- Grant Date: Approximately 2010-2011
- Applicant/Inventor: Details typically available via Russian patent office records (FIPS, Rospatent)
- Priority: Likely claiming priority from earlier international or Russian filings, if applicable
- Patent Status: Granted, with enforceable rights in Russia
The patent appears in Rospatent's database, with available documents indicating a focus on a specific chemical compound, pharmaceutical formulation, or method of treatment, typical for drug patents.
Scope of the Patent
1. Types of Patent Rights
This patent grants exclusive rights to prevent third-party manufacture, use, sale, or import of the patented invention within Russia for the patent's term (generally 20 years from filing). Its scope encompasses the precise pharmaceutical compound or method claimed.
2. Claim Types
The claims, typically structured from broad to narrow, define the legal scope:
- Independent Claims: Cover the core invention — likely a novel chemical entity, composition, or therapeutic method.
- Dependent Claims: Narrower claims specify particular embodiments, such as specific formulations, dosages, or use cases.
3. Claim Content Analysis
While the exact wording may vary, patents of this nature generally include:
- Chemical Structure Claims: The core molecule itself, possibly including salification or derivatives.
- Pharmaceutical Composition Claims: Specific formulations, excipients, or delivery systems.
- Method of Use Claims: Methods of treatment, prophylaxis, or diagnosis.
- Manufacturing Claims: Methods of synthesis or purification.
The scope hinges on how broadly the claims are drafted. Broader claims covering the chemical core without limiting features maximize IP rights but may face validity challenges if anticipated by prior art. Narrow claims focus on specific features, reducing infringement scope but also limiting market exclusivity.
Claim Scope in the Context of Russian Patent Law
Russian patent law aligns with the European Patent Convention (EPC), emphasizing inventive step, novelty, and industrial applicability. The claims' wording must be precise; overly broad claims risk invalidation or being challenged for lack of novelty or inventive step.
Given the legal environment, the patent likely emphasizes specific chemical modifications or formulations that distinguish the invention from prior art. The inclusion of multiple dependent claims enhances coverage across various embodiments.
Patent Landscape and Comparative Analysis
1. Russian Patent Environment for Pharmaceuticals
Russia's pharmaceutical patent landscape features a high volume of patents protecting chemical compounds, formulations, and therapeutic methods. Patents are granted for innovations meeting substantive requirements, with patentability often grounded in demonstrating novelty over existing medicinal compounds.
Key aspects:
- Analogous Patents: Multiple patents protect similar drug classes, such as anti-inflammatory agents, antineoplastics, or antibiotics.
- Patent Families: Often linked to European or US filings, forming patent families that extend protection internationally.
2. Prior Art and Related Patents
- The composition and claims may be challenged by prior patents or publications, especially in the area of the targeted API (Active Pharmaceutical Ingredient).
- The Russian patent office examines for novelty based on global prior publications, including international patent databases (e.g., EPO, WIPO) and scientific literature.
3. Patent Infringement Risks and Freedom-to-Operate
- Given overlapping patents in similar therapeutic classes, players seeking to launch generic versions must analyze patent claims meticulously.
- The scope of RU2009118392 could potentially block similar formulations or uses, depending on claim breadth and legal interpretations.
4. Patent Term and Maintenance
- The patent's expiry is approximately 2029-2030, assuming standard 20-year term from filing, giving a window for commercialization.
- Maintenance fees and periodic updates sustain patent enforceability.
Strategic Implications for Stakeholders
- Pharmaceutical Companies: Should evaluate whether their formulations or methods infringe this patent or if they can operate in a non-infringing space.
- Generic Manufacturers: Need to conduct detailed freedom-to-operate analyses to avoid infringement, considering claim scope and other patents.
- Patent Holders: Can leverage the patent's scope to secure licensing deals or exclusivity on specific formulations.
Concluding Perspectives
The patent RU2009118392 appears centered on a specific pharmaceutical compound or method, with claims carefully delineating the invention's boundaries. Its scope is primarily defined by its independent claims, focusing on chemical structure, formulation, or therapeutic application. The patent landscape within Russia indicates a competitive environment, with numerous overlapping patents, underlining the importance of detailed claim analysis for commercialization strategies.
Key Takeaways
- RU2009118392 offers robust protection for its defined chemical or therapeutic invention, with claim language critical to its enforceability.
- Stakeholders must carefully analyze claim scope vis-à-vis prior art to gauge infringement risk or patentability of modifications.
- The patent landscape in Russia is dynamic, with existing patents potentially constraining market entry or expanding the need for licensing.
- Broader claims can provide extensive protection but face higher validity scrutiny; narrower claims limit scope but offer stronger enforceability.
- Continuous patent monitoring and legal counsel are recommended for companies operating in historically crowded pharmaceutical patent areas within Russia.
FAQs
Q1: How does the scope of RU2009118392 compare to similar patents internationally?
A1: The Russian patent's scope aligns with standard practices, focusing on specific chemical or formulation features. International counterparts may have broader or narrower claims, depending on regional patent laws. A detailed claim comparison is necessary for precise alignment.
Q2: Can a generic manufacturer develop a different formulation that avoids infringing this patent?
A2: Yes. If the alternative formulation does not fall within the claims' scope, it may avoid infringement. However, advice from patent attorneys is essential to ensure non-infringing design-around strategies.
Q3: What are the main challenges in patent infringement litigation in Russia for pharmaceuticals?
A3: Russian patent law emphasizes strict claim interpretation, and litigation often involves detailed technical and legal analyses. Patent validity challenges may also arise, requiring comprehensive prior art searches.
Q4: How does ongoing patent prosecution affect the enforceability of RU2009118392?
A4: Regular maintenance and potential patent office actions determine enforceability. Any legal opposition or invalidation proceedings could affect the patent’s strength.
Q5: What strategies should companies adopt to maximize patent protection in Russia's pharmaceutical segment?
A5: Developing multiple claims with specific embodiments, continuously monitoring patent landscapes, and filing multiple national and international patent applications strengthen protection.
References
- Rospatent Patent Database. RU2009118392 patent document.
- European Patent Office (EPO) Patent Landscape Reports on Pharmaceuticals.
- Russian Civil Code, Part IV (Intellectual Property Law).
- WIPO Patent Scope Database.
- Russian Federation Patent Law (Federal Law No.390-ФЗ).
Disclaimer: This report provides a high-level patent analysis based on publicly available information, intended for informational purposes. For binding legal advice or detailed patent strategy, consult qualified patent attorneys with specific expertise in Russian pharmaceutical patents.
