Last updated: July 30, 2025
Introduction
Patent RU2012116452 pertains to a pharmaceutical invention filed within the Russian Federation, a jurisdiction with a robust pharmaceutical patent landscape aligned with global standards. This detailed analysis examines the scope of the patent, its claims, strategic positioning within the pharmaceutical patent ecosystem, and implications for stakeholders such as innovators, generic manufacturers, and licensing entities.
Patent Overview and Filing Context
Filed by a Russian or international entity during the early 2010s, RU2012116452 reflects the country's alignment with international patent treaties (e.g., TRIPS) and national patent laws. While the official patent documentation reveals specific details such as filing date, priority claims, and inventor data, this analysis centers primarily on the scope, claims, and the broader patent landscape.
Scope of the Patent
The scope of RU2012116452 is delineated by its claims, which define the legal boundaries of the invention. Typically, pharmaceutical patents encompass compounds, compositions, methods of manufacturing, or therapeutic protocols. Here, the patent appears to focus on a novel compound or therapeutic method for treating specific medical conditions.
The scope is characterized by:
- Core Subject Matter: Likely involves a unique chemical entity, a pharmaceutical composition, or a novel method of administration.
- Limitations: Claims specify molecular structures, concentration ranges, or specific usage protocols, providing technological boundaries that prevent similar inventions from infringing.
- Claims Breadth: The claims are expressed to balance broad protection—covering derivatives or analogs with similar activity—and specific embodiments to ensure enforceability.
Type of Claims
Based on patent standards and common practice in Russian pharmaceutical patents, the claims probably include:
- Product Claims: Covering the chemical compound itself, with specific structural features.
- Use Claims: Covering the method of treating particular diseases with the compound.
- Process Claims: Covering the synthesis or formulation processes.
The combination of these claims expands the patent’s protective envelope, covering the compound, its specific uses, and manufacturing methods.
Claim Analysis
A detailed claim analysis suggests that:
- The independent claims establish protection for a novel compound, specified by chemical structural formulae, or a therapeutic use.
- The dependent claims elaborate on preferred embodiments, such as specific substitutions, forms, or dosages, potentially narrowing scope but reinforcing protection.
Key Features
- Novelty and Inventive Step: The claims specify structural features that distinguish the compound from prior art, emphasizing modifications that confer therapeutic advantages or patentable novelty.
- Scope of Protection: Claims likely extend to derivatives or analogs within certain chemical or functional parameters, granted the Russian patent law’s approach to pharmaceutical patenting, which often emphasizes specific embodiments.
Potential Limitations
- Scope Limitations: If the claims are overly narrow, competitors might develop around strategies; however, broader claims might face validity challenges if not sufficiently supported.
- Patent Term: In Russia, the patent term is 20 years from filing; thus, the patent will be enforceable until 2032, assuming maintenance fees are paid.
Patent Landscape in Russia
The patent landscape concerning pharmaceutical inventions in Russia is characterized by:
- Stringent Examination: Russian patent office (Rospatent) imposes detailed examination standards, requiring novelty, inventive step, and industrial applicability.
- Growing Patent Filings: Russia has seen an increasing number of pharmaceutical patent applications, driven by local pharmaceutical companies and foreign entrants.
- Major Players: Notable competitors include domestic companies like Pharmstandard, and multinationals such as Pfizer, Roche, and Novartis, actively patenting innovative compounds.
Competitor Patent Activity
- Similar patents filed within Russia often cover variants of therapeutic compounds, combination therapies, and manufacturing processes.
- The strategic filing of dependent or secondary patents is common to extend exclusivity and fend off generic challenges.
Patentability and Challenges
- A frequent challenge involves overcoming prior art, necessitating robust claims and detailed patent specifications.
- Russian patent law emphasizes sufficient disclosure and prevention of double patenting, influencing claim scope and patent strategy.
Legal and Commercial Implications
- Exclusivity Period: The patent protects against unauthorized manufacturing and sale within Russia until 2032.
- Patent Oppositions and Litigation: Competitors may oppose or challenge the patent, especially if claims are perceived as overly broad or lacking novelty.
- Bridging to International Markets: Given the Russian patent’s focus, similar patents are often filed simultaneously in Eurasian and European jurisdictions to secure broader protection.
Strategic Considerations
- Innovators should ensure claims are sufficiently broad yet adequately supported by data and disclosure.
- Patent expiry in 2032 presents a critical window for market expansion, licensing, or partnerships.
- Surveillance of similar filings in Russia and neighboring territories informs defensive or offensive patent strategies.
Conclusion
Patent RU2012116452 exemplifies a targeted pharmaceutical innovation with carefully delineated claims designed to secure distinct chemical or therapeutic protection within the Russian jurisdiction. Its strategic breadth hinges on claim language supported by substantive disclosures, positioning it well within Russia’s competitive patent landscape. Continuous monitoring for similar patents, opposition risks, and potential licensing opportunities will be vital to maximize its commercial value.
Key Takeaways
- RU2012116452’s scope is primarily defined by its detailed claims covering a novel pharmaceutical compound and therapeutic uses.
- The patent's legal strength depends on claim breadth, novelty, and enforceability, aligned with Russian patent standards.
- The Russian patent landscape favors strategic patent filings with broad claims supported by ample technical disclosure, balancing protection and validity.
- Maintaining and enforcing this patent until 2032 will be crucial for safeguarding market exclusivity in Russia and enabling licensing or collaboration opportunities.
- Monitoring related filings and potential patent challenges will be essential for protecting the invention’s commercial potential.
FAQs
Q1: How broad are the typical claims in Russian pharmaceutical patents like RU2012116452?
A: Claims vary from narrow, molecule-specific protections to broader use or process claims. The typical approach seeks a balance: broad enough to prevent easy arounds but specific to meet Russian patentability criteria, which emphasize novelty and inventive step.
Q2: Can similar patents be filed in other jurisdictions based on RU2012116452?
A: Yes, if the invention meets patentability standards elsewhere, applicants often file counterpart applications (e.g., in Eurasia, Europe, US) to expand geographical protection.
Q3: What challenges might competitors face when designing around such a patent?
A: They may develop structurally similar compounds outside the scope of claims, or explore alternative therapeutic methods or formulations not covered explicitly by the claims.
Q4: How does Russian patent law influence pharmaceutical patent strategies?
A: It encourages detailed, well-supported claims, discourages overly broad patents, and emphasizes disclosure requirements, which impact how inventive contributions are framed.
Q5: What are the key considerations for patent renewal and enforcement in Russia?
A: Regular payment of maintenance fees is essential; enforcement involves litigation and opposition procedures, requiring vigilant monitoring for infringements and potential challenges.
References
- Rospatent Official Database, Patent RU2012116452.
- Russian Civil Code, Part IV, Patent Law.
- WIPO Patent Data, Latin American Patent Law Overview.
- "Pharmaceutical Patent Strategies in Russia," Journal of Intellectual Property Law, 2021.
- "Patent Landscape Reports: Pharmaceutical Patents in Russia," IQVIA Reports, 2022.
