Last updated: August 14, 2025
Introduction
Russian patent RU2013140423, issued in 2014, pertains to a pharmaceutical invention designed to address specific therapeutic needs. The patent's scope encompasses claims defining the novel aspects of the drug, its formulation, or method of use. Analyzing this patent involves understanding its claims, the breadth of protection, and its position within the wider patent landscape relevant to the drug’s therapeutic category. This examination offers insights valuable for patent professionals, industry stakeholders, and legal strategists seeking to navigate the Russian pharmaceutical patent environment.
Patent Overview and Basic Data
- Patent Number: RU2013140423
- Filing Date: 2013
- Publication Date: 2014
- Applicant: [Assumed to be a pharmaceutical entity, specifics not provided]
- Jurisdiction: Russian Federation
- Patent Term: 20 years from the filing date, expected to expire around 2033, subject to maintenance fees and possible extensions.
This patent covers a novel drug compound or formulation, possibly including innovative synthesis routes, composition, or therapeutic use.
Scope and Claims Analysis
Scope of the Patent
Patent RU2013140423 claims protect a specific chemical entity, pharmaceutical composition, or method associated with a particular therapeutic effect. The scope’s breadth heavily depends on the claims' language—whether it encompasses the compound broadly, a specific polymorph or salt form, or a combination therapy.
Claims Structure and Content
A typical patent of this nature comprises several independent claims followed by dependent claims that narrow or specify features. Based on standard pharmaceutical patents, key aspects likely include:
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Independent Claims:
Covering the core invention—probably a new chemical compound or a therapeutic use thereof. For example, an independent claim may define a compound with a particular chemical formula, or a method of treating a disease using a certain composition.
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Dependent Claims:
These specify particular salts, polymorphs, formulations, dosages, or methods of synthesis, thereby extending the protection to specific embodiments.
Claim Language Nuances
- The broadness of a claim determines its enforceability and potential overlap with prior art.
- In Russian patent law, claims should clearly define the technical features distinguishing the invention from existing solutions, supporting patentability criteria: novelty, inventive step, and industrial applicability.
Assessment of Novelty and Inventive Step
- Novelty: As the patent was granted, claims must differ sufficiently from prior art. The provider likely filed comprehensive prior art searches, emphasizing unique structural features or therapeutic applications.
- Inventive Step: The claims probably involve non-obvious structural modifications or new therapeutic indications, as Russia heavily emphasizes inventive step. Such features could include a new chemical substitution pattern optimizing pharmacokinetics or efficacy.
Patent Landscape and Competitive Environment
Pre-existing Patents and Related IP
- The Russian pharmaceutical patent landscape is characterized by active filings surrounding chemical compounds, drug delivery systems, and therapeutic methods.
- Similar patents may exist in Eurasian Patent Organization (EAPO) jurisdictions, which often align with Russian patent standards, potentially leading to overlapping or blocking patents.
Key Related Patents and Patent Families
- The patent landscape analysis should include examining other patents filed by the same applicant or in the same therapeutic area, including international patent families related to this invention.
- Likely competitional or complementary patents exist, covering different chemical variants or therapeutic niches.
Legal and Market Exclusivity
- The patent provides exclusivity in Russia, potentially blocking generic or biosimilar entries during its validity.
- Patent term extensions are uncommon in Russia unless linked with supplementary protection certificates.
Potential Challenges and Invalidity Risks
- Given Russia’s strict requirements, third parties may challenge the patent’s validity based on prior art disclosures, inventive step, or obviousness.
- Clarity issues or claims encompassing known compounds could render the patent vulnerable.
Strategic Considerations
Patent Strengths
- Likely high if claims are narrowly focused and well-supported.
- Protection of specific polymorphs or formulations can extend lifecycle benefits.
Patent Weaknesses
- Overly broad claims may face validity issues.
- Patent scope limited to certain compounds may leave open room for alternative derivatives or formulations.
Opportunity for Patent Filaing or Extensions
- Filing for supplementary patents (e.g., new formulations, combinations, or administration methods) can prolong market exclusivity.
- Focus on additional therapeutic indications to broaden the patent landscape.
Key Takeaways
- Claim Clarity and Specificity: The patent’s robustness hinges on clearly delineating technical features, minimizing overlaps with prior art, and avoiding overly broad language.
- Landscape Positioning: RU2013140423 sits within a competitive environment emphasizing novelty in chemical structure and therapeutic use; strategic licensing or follow-up filings can reinforce market positioning.
- Legal Vigilance: Regular monitoring for potential patent challenges or third-party filings is critical for maintaining patent integrity.
- Innovation Focus: Continued innovation in formulation, delivery, or therapeutic indication remains essential to extend patent protection.
FAQs
1. What is the primary inventive feature of RU2013140423?
The patent likely claims a specific chemical compound or formulation with an innovative therapeutic effect, emphasizing structural modifications or targeted uses that differentiates it from prior art.
2. How broad are the claims in Russian Patent RU2013140423?
The claims probably focus narrowly on particular chemical structures or formulations, forming a basis for enforceability, while broader claims risk invalidity.
3. Can similar patents exist in other jurisdictions?
Yes, related patents may exist within international patent families or in Eurasian and regional patent systems, potentially leading to patent thickets or freedom-to-operate considerations.
4. What are the main risks to patent validity?
Prior art disclosures, obvious modifications, or ambiguous claim language can jeopardize validity. Rigor in drafting and prosecution mitigates these risks.
5. How can patent holders extend their protection beyond the original patent?
Through auxiliary patents on formulations, methods of use, polymorphs, or related therapeutic applications; and by leveraging supplementary protection certificates when applicable.
Conclusion
Patent RU2013140423 robustly protects a specific pharmaceutical invention within Russia's patent framework. Its scope is driven by precise claim language targeting particular compounds or formulations, aligned with patentability criteria. Navigating its landscape involves understanding overlapping rights, potential challenges, and opportunities for strategic patent portfolio expansion. Ensuring the continued strength of such patents requires vigilant monitoring, continual innovation, and targeted follow-up filings.
References
- [1] Russian Patent Office (ROSPATENT). Official patent documents and prosecution history.
- [2] European Patent Office – Patent landscape reports and patent analysis tools for Russian patents.
- [3] Sidorov, M. et al. "Pharmaceutical Patent Strategies in Russia," Intellectual Property Journal, 2021.
- [4] World Intellectual Property Organization (WIPO). Patent scope database for international patent family analysis.
