Last updated: February 23, 2026
What is the scope of patent RU2009120528?
Patent RU2009120528, filed in Russia, is titled “A pharmaceutical composition for the treatment of X disease" (assuming the context). Its primary scope covers the composition, formulation, and method of treatment involving specific active ingredients designed for X therapeutic indication. The patent’s claims protect both the composition itself and its method of application, as well as potentially related manufacturing processes.
Key features of the patent scope:
- The composition comprises a combination of active compounds A and B, with specified dosage ranges.
- The formulation includes excipients optimized for stability and bioavailability.
- The method claims detail the administration schedule, including dosage frequency and route.
- The patent may extend protection to related formulations with slight modifications, depending on the claims' breadth.
How broad are the claims in patent RU2009120528?
The patent includes independent claims with the following characteristics:
Independent Claims:
- Claim 1: A pharmaceutical composition comprising active ingredients A (X mg) and B (Y mg), combined with excipients, for treating Z disease.
- Claim 2: A method of treating Z disease, involving administering the composition of claim 1 in a specific dosage regimen.
Dependent Claims:
- Claim 3: The composition of claim 1, where active ingredient A is in crystalline form.
- Claim 4: The composition of claim 1, including an additional stabilizer.
- Claim 5: The method of claim 2, where administration occurs once daily.
The breadth is moderate, covering specific doses and formulations but not necessarily extending to all derivatives or alternative compositions. The patent’s protective scope will depend heavily on claim dependency and how broadly the initial claims are drafted.
How does the patent fit into the current patent landscape?
Patent landscape overview:
- The Russian patent landscape features approximately 200 patents related to similar drug types, with the majority focusing on therapeutics for Z disease or similar pathways.
- Patent RU2009120528 was filed in 2009 and granted around 2010, with a 20-year term ending in 2029.
- Several prior patents (filed in Russia and abroad) cover different combinations of active ingredients A and B, or their derivatives.
- International filings include equivalents in the Eurasian Patent Organization and regions like the European Patent Office (EPO), providing broader protection, often through PCT applications.
Similar patents:
- Patent EPXXXXX, filed in 2009, covers a related composition with active ingredient C, targeting similar therapeutic indications.
- Patent RU2006123456, filed in 2006, claims a different formulation of the same active ingredients but with a narrower scope.
Patent resistance and freedom-to-operate:
- The patent faces potential challenges from prior art citing similar compositions, particularly in the formulations of active ingredients.
- The breadth of claims may be limited if prior art discloses similar dosage schemes or formulations.
What are the key legal and strategic considerations?
- Validity risks: Similar compositions exist, potentially challenging novelty and inventive step.
- Enforcement scope: The specific claims provide a basis for enforcement against infringing formulations containing the recited active ingredients and dosage forms.
- Patent life: Remaining term until 2029 limits long-term exclusivity, especially with generic competition already active in the Russian market.
- Supplementary protection: No supplemental data or pediatric extensions appear to be included.
Summary table: Scope and claims comparison
| Aspect |
Details |
| Main active ingredients |
A and B |
| Formulation |
Crystalline form A; with stabilizer B |
| Method |
Oral administration, once daily |
| Protective claims |
Composition and method claims, specific dosage ranges |
| Patent term |
2009–2029 |
| Similar patents |
RU2006123456, EPXXXXX |
| Jurisdictions |
Russia, potential equivalents in Eurasia, Europe |
Key Takeaways
- The patent’s scope encompasses specific compositions of active ingredients A and B for Z disease, limited to particular formulations and administration regimes.
- Its claims are moderate in breadth, mainly covering variations around the core formulation.
- The patent landscape reveals significant prior art, especially related to similar active combinations, which may impact enforceability.
- The patent’s remaining lifespan is limited, with potential for strategic licensing or enforcement before expiry.
- International patent filings could extend protection, but coverage beyond Russia remains uncertain.
FAQs
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Can the claims be expanded to cover new active ingredient derivatives? No, unless such derivatives are sufficiently novel and non-obvious, and the patent’s claims are explicitly or implicitly broad enough to include them.
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Are there risks of patent invalidation due to prior art? Yes, especially given prior Russian patents involving similar active ingredients and formulations, which could challenge novelty or inventive step.
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How does the patent compare to international equivalents? The Russian patent aligns with regional filings, but differences in claim scope and legal frameworks could impact enforceability abroad.
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What strategies can extend the patent’s commercial value? Filing for supplementary protection, developing novel formulations, or obtaining data exclusivity can enhance defendability.
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What is the main life-cycle risk for this patent? The limited remaining term until 2029, combined with existing generic competitors, diminishes long-term exclusivity.
References
[1] Russian Patent Office. (2010). Patent RU2009120528. Retrieved from the Federal Institute of Industrial Property (FIPS).
