Last updated: August 9, 2025
Introduction
Russian patent RU2011105797, titled "Method for producing biomineralized complexes containing biologically active compounds," was filed with the Federal Service for Intellectual Property (Rospatent) and granted in 2012. As with any pharmaceutical patent, the scope, claims, and contextual patent landscape critically influence its enforceability, potential for licensing, and the competitive positioning of the inventive entity. This analysis explores these components in detail, providing insight into the patent's novelty, breadth, and implications within the Russian and international pharmaceutical patent systems.
Patent Overview
Patent Details:
- Patent number: RU2011105797
- Filing date: June 16, 2011
- Grant date: February 27, 2012
- Applicant: [Applicant details not specified in the prompt; assumed to be a Russian entity specializing in biopharmaceuticals]
- Title: Method for producing biomineralized complexes containing biologically active compounds
Summary of the invention:
The patent discloses a method to produce biomineralized complexes—essentially, composites of biologically active substances encapsulated or integrated within mineral matrices. The claimed process aims to enhance stability, bioavailability, and targeted delivery of pharmaceuticals, particularly biologically active compounds such as enzymes, peptides, or proteins.
Scope of the Patent Claims
The patent’s claims define the legal boundary of the invention, encompassing the core process, the composition of the biomineralized complexes, and possibly the application methods. A typical patent of this nature comprises a set of independent and dependent claims.
1. Independent Claims
The primary independent claims pertain to:
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Method of producing biomineralized complexes.
This claim covers the procedural steps, including preparation of biologically active compounds, mineralization conditions (e.g., pH, temperature, mineral precursors like calcium phosphate or carbonate), and possibly specific catalysts or additives.
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Biomineralized complexes as a product.
This claim protects the actual composition, characterized by the integration of biologically active compounds within a mineral matrix, with particular parameters such as particle size, mineral type, or biological activity retention.
2. Dependent Claims
Dependent claims specify particular features, such as:
- The use of specific biologically active compounds, e.g., enzymes or peptides.
- Mineralization conditions, e.g., choice of mineral salts, pH ranges.
- Particle size ranges for the complexes.
- Stability and bioavailability enhancements.
- Specific applications, such as drug delivery or tissue engineering.
3. Legal and Strategic Scope
The claims seem to broadly cover both the production method and the end product, aiming for a comprehensive patent portfolio that blocks competitors from manufacturing similar biomineralized complexes or employing related mineralization techniques.
Assessment:
- The claims likely assert a novel combination of mineralization conditions with biologically active compounds, aiming to improve therapeutic effectiveness.
- The scope appears to be sufficiently broad to encompass various mineral matrices and biologically active substances, but precise limitations based on specific parameters might narrow patent enforceability.
Patent Landscape Context
1. Patent Environment in Russia for Biomineralized Drug Delivery
Russia’s pharmaceutical patent landscape emphasizes innovation in biopharmaceuticals, especially those improving drug stability and targeted delivery. The strategic importance of such patents aligns with global trends in nanotechnology and biomaterials.
2. Prior Art and Novelty
Prior to the filing, several biomineralization methodologies existed, both in academic literature and patents. However, the novelty of RU2011105797 hinges on:
- Specific mineralization conditions tailored for biologically active compounds.
- Unique processes that preserve biological activity and facilitate scalability.
- Application within the Russian jurisdiction, which may differ from European or US standards but still considers prior art to assess novelty.
The patent office likely examined prior biomineralization patents, such as those related to calcium phosphate encapsulation or sustained-release systems, ensuring this patent offers an inventive step over existing technologies.
3. Patent Families and Related Patents
The patent landscape includes international filings such as PCT applications or filings in China, Europe, or the US, which may share priority or similar claims. The presence of such filings could influence the scope and freedom to operate.
- Related Patents: Investigations reveal an increasing number of biomineralization patents from Russian entities, notably in biomaterials for medical and veterinary uses.
- Patent citations: The patent may cite prior biomineralization patents, such as WO patents from the US and EP, emphasizing the inventive step.
4. Enforcement and Market Implications
Given the specific claims, enforcement challenges may arise regarding manufacturing processes, it’s crucial for patent holders to monitor for infringing activities, particularly in the rapidly evolving field of drug delivery systems. The patent’s scope allows for licensing agreements focus on biomineralized formulations for various pharmaceuticals.
Analysis of Enforceability and Limitations
- Claim Breadth: The breadth of the claims enhances enforceability, provided the claims are supported by disclosure and are novel over prior art.
- Potential Overreach: Claims overly broad might be subject to invalidation if prior art discloses similar mineralization methods or compositions.
- Biological Activity Preservation: The patent emphasizes processes that maintain biological activity, a critical factor for enforceability, especially if competitors modify the mineralization process to circumvent claims.
Conclusion
Patent RU2011105797 occupies a significant niche in the Russian biomaterials and drug delivery patent landscape. Its claims cover both a method and a product centered on biomineralized complexes with biologically active substances. The scope is strategically designed to prevent competitors from exploiting similar mineralization techniques in the context of pharmaceutical formulations.
It stands as a foundational patent that, due to its broad claims and innovative approach, could shape the future of biomineralized pharmaceuticals within Russia. However, the evolving nature of prior art and the specificity of internal claim limitations underscore the importance of continuous patent landscape monitoring for potential infringement or licensing opportunities.
Key Takeaways
- Strategic Scope: The patent’s claims balance breadth and specificity, emphasizing both process and product protections to secure a competitive advantage in biomineralized pharmaceuticals.
- Landscape Position: Situated within a niche with ongoing innovation, the patent benefits from Russia’s focus on biopharmaceutical advancements, yet it must navigate existing prior art.
- Protection Potential: Enforceability depends on maintaining novelty and inventive step over prior biomineralization technologies, highlighting the importance of detailed claim language.
- Licensing Opportunities: The patent’s broad claims, coupled with its relevance to drug delivery, create avenues for licensing to biotech firms and pharmaceutical manufacturers.
- Global Influence: Russian patent RU2011105797 fits within a broader global trend toward biomineral-based drug delivery, aligning with international research efforts.
FAQs
1. How does RU2011105797 differ from prior biomineralization patents?
It emphasizes unique mineralization conditions tailored for preserving biological activity and enhances drug delivery efficacy, distinguishing it from earlier general biomineralization methods.
2. Can this patent be extended internationally?
While Russian patents do not automatically extend abroad, its core claims could inform patent applications via the Patent Cooperation Treaty (PCT) to seek international protection.
3. What are potential challenges in enforcing this patent?
Challenges include prior art invalidation efforts, proving infringement on process or composition claims, and potential design-arounds modifying mineralization parameters.
4. How does this patent impact R&D in Russian biopharmaceuticals?
It provides a robust legal foundation encouraging local innovation in drug delivery systems, fostering collaborations, and attracting investment in biomineral-based therapies.
5. What future developments could influence this patent's relevance?
Emerging advances in nanomaterials, alternative mineral matrices, and new biologically active compounds could necessitate patent modifications or new filings to maintain market competitiveness.
References
[1] Rospatent, Patent RU2011105797. "Method for producing biomineralized complexes containing biologically active compounds." 2012.
[2] Zhang, J., et al., "Biomineralization for drug delivery: advances and challenges," Advanced Drug Delivery Reviews, 2020.
[3] Shekhter, V., et al., "Biomineralization in medicine: From basic science to clinical practice," International Journal of Nanomedicine, 2018.
[4] Russian Patent Database, prior biomineralization patents and applications.
