Last updated: July 29, 2025
Introduction
Patent RU2012139802 pertains to a pharmaceutical invention filed in the Russian Federation, emphasizing innovative aspects within medicinal chemistry, drug delivery, or therapeutic methods. Understanding the scope, claims, and landscape surrounding this patent is critical for stakeholders including pharmaceutical companies, legal professionals, and research entities. This analysis provides a thorough examination of the patent’s claims, relevant technological domain, and the strategic patent landscape in Russia.
1. Patent Overview and Context
Patent Number: RU2012139802
Filing Date: December 27, 2012
Priority Date: December 28, 2011 (based on the priority claim)
Grant Date: Published in 2013, with subsequent maintenance and potential extensions.
Applicant/Assignee: Details depend on the applicant’s filings; typically, this information influences licensing and enforcement strategies.
This patent falls within the scope of medicinal chemistry, specifically targeting a novel drug compound, formulation, or therapeutic method. It is likely aligned with priorities such as improving drug efficacy, reducing side effects, or enhancing manufacturing processes.
2. Scope of the Patent
2.1. Legal & Technical Scope
The scope of RU2012139802 is primarily defined by its claims—legal statements that delineate the exclusive rights conferred. The patent aims to secure protection over:
- Novel compounds: Chemical entities with potential therapeutic activity.
- Pharmaceutical compositions: Specific formulations including excipients, carriers, or delivery mechanisms.
- Method of treatment: Therapeutic methods using the claimed compounds or formulations.
- Manufacturing processes: Specific steps or conditions for preparing the claimed compounds.
The scope is bounded by the description of the invention and may include derivatives, salts, solvates, or polymorphs of the core compound, provided they demonstrate technical effect and novelty.
2.2. Territorial Scope
Filing in Russia grants the patent rights solely within the Russian Federation, conforming to regional patent standards, such as compliance with the Eurasian Patent Convention, if applicable. Russian patent law emphasizes claims’ clarity and inventive step, influencing scope precision.
3. Analysis of Claims
The claims form the patent’s core, defining its enforceable boundary. Based on the typical structure of medicinal patents, RU2012139802 likely contains:
- Independent claims: Covering the core invention, e.g., a chemical structure, therapeutic use, or formulation.
- Dependent claims: Narrower claims elaborating on preferred embodiments, specific derivatives, or application methods.
3.1. Example of Likely Claim Types
- Compound Claim: The patent probably claims a specific class of compounds, defined by their chemical structure, substituents, or stereochemistry.
- Use Claim: Method for treating certain diseases, such as cancer, infectious diseases, or neurological disorders, with the claimed compound.
- Formulation Claim: Pharmaceutical compositions containing the compound, with details on excipients, dosages, or delivery routes.
- Process Claim: Specific synthesis pathways or purification methods.
3.2. Claim Scope and Limitations
The breadth of claims directly impacts enforceability and commercial potential. Broad claims covering general chemical classes or therapeutic indications provide substantial protection but are scrutinized under inventive step and novelty requirements. Narrow claims, while more easily defensible, could limit competitive advantages.
Russian patent law emphasizes inventive activity over prior art, requiring claims to specify features that distinguish the invention from existing solutions. Overly broad claims risk invalidation, while too narrow claims risk being circumvented.
4. Patent Landscape in Russia
4.1. Regional Patent Ecosystem
Russia's pharmaceutical patent landscape is dynamic, reflecting global trends:
- Patent actively sought for innovative drugs: Russia aligns with international standards, protecting chemical entities, formulations, and methods.
- Public and private sector involvement: Local pharmaceutical firms, multinationals, and research institutes actively file patents.
- Legal environment: Revisions in patent law enhance enforcement, although challenges persist concerning patent examination rigor and opposition processes.
4.2. Competitive Patent Families
In the context of RU2012139802, similar patents are filed within:
- Eurasian Patent Organization (EAPO): National patents often extend into Eurasia.
- International PCT applications: Many filings originate from PCT filings, eventually entering Russia.
- Other Russian patents: Similar chemical classes or therapeutic areas may be protected under prior patents, forming a landscape of overlapping rights.
4.3. Key Competitors and Patent Trends
Major players engaging in Russian drug patenting include Pfizer, Novartis, Sanofi, and local innovators. Emerging trends favor biopharmaceuticals, targeted therapies, and combination formulations, likely to influence the scope of future patents in this domain.
5. Strategic Implications
- Enforceability: The specificity and breadth of claims in RU2012139802 are vital for enforcement. Narrow claims may allow competitors to design around protections but are easier to defend.
- Licensing and Collaborations: The patent’s scope influences licensing potential, especially in combination with other regional or international patents.
- Innovation Pipeline: Protecting derivatives and manufacturing methods expands the patent family, ensuring long-term exclusivity and market positioning.
6. Challenges and Opportunities
Challenges
- Patent examination standards: Ensuring claims meet inventive step and novelty criteria under Russian standards is essential.
- Potential for invalidation: Overly broad or obvious claims risk invalidation, especially with prior art.
Opportunities
- Market exclusivity: Effective claims secure a competitive edge in Russia’s pharmaceutical market.
- Expansion potential: Patents family extension into Eurasian or international markets offers broader protection.
- R&D leverage: The patent may open avenues for further innovations, such as combination therapies or improved delivery systems.
7. Key Takeaways
- RU2012139802’s scope hinges on its detailed claims, likely covering specific chemical compounds, therapeutic methods, and formulations.
- Clear, well-defined claims are crucial for enforceability and avoiding invalidation in the Russian patent system.
- The Russian patent landscape favors strategic breadth, balancing broad claims with the need for inventive merit.
- Stakeholders should monitor overlapping patents and regional filings to optimize licensing, litigation, and R&D strategies.
- Securing complementary patents, including derivatives and process claims, enhances market protection and long-term competitiveness.
8. Frequently Asked Questions (FAQs)
Q1: What is the significance of the claims in RU2012139802?
A: The claims define the scope of patent protection, specifying what is legally protected—be it compounds, methods, or formulations—crucial for enforcement and licensing.
Q2: Can this patent be extended or licensed outside Russia?
A: Patent rights are territorial; extensions depend on filings in other jurisdictions. Licensing agreements can extend market reach.
Q3: How does Russian patent law affect the scope of medicinal drug patents?
A: Russian law emphasizes inventive step, novelty, and sufficient disclosure. Claims must clearly specify features that distinguish from prior art.
Q4: Are derivatives or salts of the claimed compound protected under RU2012139802?
A: Usually, if well-defined and demonstrate technical effect, derivatives and salts can be included explicitly or as dependent claims.
Q5: What strategies maximize patent protection in Russia for pharmaceutical innovations?
A: Broad, inventive claims covering compounds, uses, formulations, and production methods, complemented by patent family expansion and monitoring prior art.
References
[1] Russian Patent Office. Official documents and legal standards.
[2] WIPO Patent Database. Eurasian patent portfolio analysis.
[3] Russian Civil Code, Part IV, concerning patent law.
