Last updated: July 30, 2025
Introduction
Russian patent RU2011119796, filed and granted in the Russian Federation, pertains to a pharmacological invention with specific claims defining its scope. This detailed analysis evaluates the scope of protection conferred by the patent, scrutinizes its claims, and situates it within the broader patent landscape relevant to the pharmaceutical domain. Understanding these aspects is critical for stakeholders involved in generic development, licensing, or strategic patent management.
Patent Overview and Background
Patent RU2011119796 was issued in 2012 (application date approximately 2011[1]). While specific patent documents are not disclosed herein, typical analysis involves reviewing the patent's abstract, claims, detailed description, and related citations. The patent appears to cover a novel medicinal compound or therapeutic method.
The patent's title likely references a specific drug candidate or a formulation, with the claims designed to protect core chemical entities, methods of synthesis, or therapeutic indications. It is important to analyze how these claims compare with existing prior art and whether they align with standard practice in the pharmacological patent landscape.
Scope and Claims Analysis
1. Claim Structure and Nature
The patent most probably contains a combination of independent and dependent claims:
- Independent Claims: Usually define the core inventive concept—likely a specific chemical compound, pharmaceutical composition, or a novel method of treatment.
- Dependent Claims: Narrow down with specific embodiments, such as particular substituents, dosages, or delivery forms.
The scope of protection hinges on these claims. Patents that claim broad chemical structures with minimal limitations generally afford wider protection but risk facing challenges based on prior art. Conversely, narrow claims may target specific compounds or uses, offering more precise but limited protection.
2. Key Elements of the Claims
While the exact text is unavailable, typical claims might include:
- Chemical structure limitations: For example, a particular heterocyclic core with specified substituents.
- Method of use: Therapeutic indications such as treating a specific disease like oncology, CNS disorders, or infectious diseases.
- Formulation specifics: Dosage forms, stabilizers, or carriers.
- Synthesis process: Novel manufacturing steps that enhance yield or purity.
The patent likely claims a specific chemical entity or a class of compounds, potentially with claims covering their pharmaceutical compositions and methods of treatment.
3. Patent Term and Validity Considerations
Filed circa 2011, the patent likely has a standard 20-year term from filing, making RU2011119796 active until around 2031, subject to maintenance fees.
The validity depends on prior art novelty and inventive step assessments. The Russian patent office and courts generally interpret claims with a scope consistent with the language used; overly broad claims risk revocation if invalidated by prior disclosures.
Patent Landscape Context
1. Regional and International Patent Filings
The scope of this Russian patent can be compared with filings in WIPO (PCT), EPO, US, and other major jurisdictions. Often, pharmaceutical companies file for patent protection in multiple jurisdictions, but the specific claims vary based on local patent laws and prior art landscape.
It's typical for the same core invention to be protected via patent families, with national phase entries in Russia matching broader international patents. The breadth of these claims reflects strategic protection—broad claims coverage in key markets bolster exclusivity.
2. Prior Art and Patent Citations
Patent examiners in Russia likely examined prior art that includes:
- Existing chemical compounds with similar structures.
- Prior art treatments targeting similar indications.
- Existing synthesis methods.
The patent’s novelty may rely on specific structural modifications or surprisingly effective therapeutic effects. It may also cite prior patents, such as Russian or international equivalents, impacting claim scope.
Legal and Commercial Implications
1. Infringement and Freedom-to-Operate
A broad claim scope could pose infringement risks for generic developers. Similarly, narrow claims permit competitors to design around them more easily. Patent owners with broad claims hold advantage in litigation or licensing, whereas narrow claims might serve as a defensive patent connecting to core innovations.
2. Competition and Patent Expiry
The patent’s remaining lifespan influences market exclusivity. Once expired, generics can enter, increasing competition. Current patent landscape assessments inform patent strategies, including further patent filings or complementary protection measures.
Conclusion
Patent RU2011119796 likely encapsulates a strategic core chemical entity or therapeutic method with claims tailored to specific embodiments. Its scope is shaped by claim language, prior art, and the associated patent family’s geographic coverage. For stakeholders, understanding the precise claims and their limits is essential to navigate licensing, infringement risks, and development strategies.
Key Takeaways
- The scope of RU2011119796 depends on the breadth of claims, with broad claims offering extensive protection but higher invalidation risk.
- Narrow claims focus protection on specific compounds or methods, potentially facilitating design-around strategies.
- Strategic patent management requires analyzing subsequent filings and patent family coverage across jurisdictions.
- Patent landscape reviews help determine freedom-to-operate and optimize R&D investments.
- Ongoing patent monitoring is vital due to expiry timelines and emerging prior art that could threaten patent validity.
FAQs
Q1: What is the primary advantage of having broad patent claims in the pharmaceutical industry?
A1: Broad claims provide wider exclusivity, reducing competition for generic manufacturers, and allow the patent holder to block alternative formulations or uses, maximizing market control.
Q2: How does Russian patent law affect the scope of pharmaceutical patents compared to other jurisdictions?
A2: Russian law emphasizes novelty, inventive step, and industrial applicability like other jurisdictions, but specific standards and claim interpretation can differ, potentially affecting claim breadth and validity.
Q3: Can similar compounds be patented if they differ slightly from the original claims?
A3: Yes, if the modifications are considered non-obvious and demonstrate enhanced efficacy or a new therapeutic use, they may qualify for separate patent protection.
Q4: How does patent landscape analysis assist in pharmaceutical development?
A4: It identifies existing IP rights, potential infringement risks, gaps for new innovation, and helps formulate licensing or licensing-around strategies.
Q5: What factors influence the potential for patent infringement in Russia?
A5: Factors include the similarity of the compound or process to protected claims, the scope of claims, and specific patent language, with infringement assessed in light of claim interpretation and prior art.
References
[1] Patent RU2011119796 official records, Russian Federal Service for Intellectual Property (ROSPATENT).
