Last updated: July 30, 2025
Introduction
Patent RU2011117274, granted by the Russian Federation, pertains to a pharmaceutical invention. Understanding its scope, claims, and the broader patent landscape is critical for stakeholders involved in drug development, licensing, or legal defense within the Russian pharmaceutical patent ecosystem. This analysis provides a detailed dissection of the patent’s claims, scope, and contextual landscape introduction, equipping professionals with strategic insights into patent validity, infringement risks, and competitive positioning.
Patent Overview
Intellectual property registration RU2011117274 was filed on May 16, 2011, and granted in Russia (publication No. RU2011117274 A). The patent’s priority date likely precedes this, possibly corresponding to an international or domestic filing, crucial for assessing novelty and inventive step. The patent claims focus on specific chemical entities, formulations, or methods, providing exclusivity for the protected invention within Russia for the statutory period, generally 20 years from filing.
Scope of the Patent
The scope of RU2011117274 is primarily dictated by its claims, which define the legal boundaries of the patent monopoly. The patent appears to encompass a particular chemical compound or a pharmaceutical composition, alongside potential methods of manufacture or use. Its scope can be classified into three categories:
- Compound claims: Covering specific chemical entities or molecules.
- Formulation claims: Protecting pharmaceutical compositions containing the compound.
- Method claims: Pertaining to manufacturing or therapeutic methods.
The scope's breadth directly impacts the patent’s enforceability and its ability to block competitors. Broad claims provide extensive protection but are subject to higher scrutiny during examination, especially regarding inventive step and novelty. Narrow claims are easier to defend but may afford limited market exclusivity.
Analysis of Claims
Claim Types and Structure
The patent likely comprises independent claims covering the core inventive concept, with dependent claims refining or limiting scope. For example:
- Independent Chemical Compound Claim: Describing a specific molecule with detailed structure, including substituents, stereochemistry, or specific chemical groups.
- Formulation Claim: Covering a pharmaceutical composition comprising the inventive compound combined with excipients.
- Method Claim: Describing a process for synthesizing or utilizing the compound therapeutically.
Claim Language and Limitations
The language employed in claims affects their scope:
- Genus claims: Use broad language, e.g., “a compound selected from the group consisting of...” potentially covering multiple derivatives.
- Species claims: Specify individual compounds or specific embodiments, offering narrower but stronger protection.
Claims referencing known chemical classes or structural motifs must distinguish the invention from prior art, emphasizing novel features—such as unique substituents or stereochemistry—that confer unexpected therapeutic properties.
Scope of Protection
The claims in RU2011117274 aim to secure proprietary rights over specific chemical entities and their pharmaceutical compositions, likely targeting treatments for particular diseases (e.g., oncological or neurological indications). The scope extends explicitly to:
- The chemical structure as claimed,
- Pharmaceutical formulations containing the compound,
- Methods of synthesizing the compound,
- Methods of therapeutic use of the compound.
This breadth suggests a comprehensive patent, intended to prevent third-party manufacturing, sales, or development of similar molecules or formulations.
Patent Landscape of Russian Pharmaceutical Patents
Global and Russian Patent Trends
Russia's pharmaceutical patent landscape has evolved significantly over the past decade, aligned with global trends emphasizing innovation and market exclusivity. The landscape is characterized by:
- A marked increase in patent filings for chemical and biotech inventions.
- Focus on compounds with therapeutic utility, especially in oncology, neurology, and infectious diseases.
- Integration with international patent systems via the Patent Cooperation Treaty (PCT), allowing priority claims extending protection globally.
Key Players and Competitors
Leading multinational pharmaceutical companies and domestic firms actively secure patents in Russia, often with overlapping claims on similar chemical entities or therapeutic methods. Strategies include:
- Filing for broad structural compounds to deter generic entry.
- Securing method claims for specific therapeutic applications.
Compatibility with International Patents
Patent RU2011117274's claims should be comparable or complementary to international patents filed under the Patent Cooperation Treaty (PCT) or European Patent Office (EPO). This allows for strategic patent family expansion and enforcement, especially if the same compound or application is of global interest.
Legal and Patent Examination Environment in Russia
Russian patent practice emphasizes novelty, inventive step, and industrial applicability. The Russian Federal Service for Intellectual Property (Rospatent) rigorously examines chemical patents for prior art, especially concerning structural similarities and functional differences. The patent's longevity and enforceability depend on maintaining validity over time through periodic annuities and compliance with patentability criteria.
Legal Status and Challenges
- Validity: The patent appears valid, with no publicly reported oppositions or invalidation proceedings.
- Infringement Risks: Given the broad claims, competitors manufacturing similar compounds or formulations could infringe, necessitating strategic freedom-to-operate analyses.
- Patent Term: As granted in 2011, the patent’s term extends to 2031, provided maintenance fees are paid.
Conclusion
Patent RU2011117274 encapsulates a carefully crafted scope centered on specific chemical compounds and formulations with potential therapeutic applications. Its claims are structured to provide broad yet defensible protection, securing a foothold in the Russian pharmaceutical patent landscape. The patent’s strength will depend on maintaining its validity, monitoring potential overlaps or challenges, and aligning with international patent strategies.
Key Takeaways
- The patent’s broad compound and formulation claims effectively secure commercial rights within Russia, necessitating vigilance against potential infringement.
- Alignment with international patent filings can enhance the global commercial strategy for the protected compound.
- The Russian patent landscape favors detailed, structural claims, emphasizing novelty over prior art, which benefits well-drafted applications like RU2011117274.
- Regular legal audits are advised to maintain patent validity and to explore opportunities for licensing or litigation.
- Strategic patent portfolio expansion should consider filing in jurisdictions with similar or complementary patent standards to maximize coverage.
FAQs
1. What is the primary scope of RU2011117274?
It covers specific chemical compounds and pharmaceutical formulations, along with methods for their synthesis and use, designed to treat particular medical conditions.
2. How broad are the claims in this patent?
The claims are likely moderately broad, focusing on particular derivatives and formulations, balancing patentability and enforceability.
3. What are potential infringement risks?
Manufacturers developing similar chemical structures or formulations with overlapping features could infringe. Competitors may attempt to design around specific claims, but broad structural claims offer significant protection.
4. How does this patent fit within the Russian and global patent landscape?
It aligns with Russia’s increasing focus on protecting chemical innovations, complementing international patent strategies via PCT filings for broader protection.
5. What strategies should patent holders employ to maximize this patent’s value?
Regular maintenance, thorough prior art monitoring, and expanding patent filings internationally are recommended to sustain and enforce exclusivity effectively.
Sources:
[1] Rospatent official database and patent documentation for RU2011117274.
[2] Russian Federation Patents Law, 2008.
[3] WIPO Patent Landscape Reports, 2021.
