Last updated: July 30, 2025
-Depth Analysis of Russian Patent RU2017106013: Scope, Claims, and Patent Landscape
Introduction
Russian patent RU2017106013 pertains to a specific pharmaceutical invention. This analysis examines its scope, claims, and position within the broader patent landscape influencing pharmaceutical innovation and commercialization in Russia. Understanding the patent’s coverage is critical for stakeholders assessing freedom to operate, potential licensing opportunities, or patent infringement risks.
Patent Overview and Filing Context
RU2017106013 was filed and granted within Russia's patent system, governed by the Federal Service for Intellectual Property (Rospatent). The patent's filing date and publication date are crucial for assessing its term and patent landscape implications. Typically, pharmaceutical patents in Russia have an effective term of 20 years from the filing date, subject to maintenance fees.
Note: Specific filing and publication dates, as well as applicant details, are essential but require access to official patent databases than provided here; assume the patent is filed in early 2017 and granted subsequently.
Scope of the Patent
The scope of RU2017106013 encompasses a novel pharmaceutical compound, formulation, or method, as defined broadly within its claims. The scope delineates the limits of patent exclusivity, targeting specific structural features, synthesis methods, therapeutic applications, or treatment protocols.
In pharmaceutical patents, scope often centers on:
- Compound Claims: Covering specific chemical entities or classes.
- Use Claims: Covering the application of compounds for particular medical indications.
- Method Claims: Covering specific methods of producing or administering the drug.
- Formulation Claims: Covering specific dosage forms or delivery systems.
Claims Analysis
While the exact claims language is inaccessible here, typical patent claims in this domain include:
- Independent Claims: Usually define the unique chemical structure or chemical class, including specific substituents or stereochemistry that confer novelty and inventive step.
- Dependent Claims: Narrower claims that specify particular embodiments, such as salt forms, dosage ranges, or specific synthesis procedures.
- Use Claims: Cover the treatment of specific diseases, e.g., oncology, infectious diseases, or rare genetic disorders, with the claimed compound.
The criticality of claims hinges on their breadth:
- Broad Claims: Offer extensive protection but face higher scrutiny, risking invalidation if obvious over prior art.
- Narrow Claims: Provide narrower protection but withstand validity challenges more robustly.
Novelty and Inventive Step
Russian patent law requires that the claimed invention be novel and involve an inventive step compared to prior art. For pharmaceutical patents, prior art includes earlier compounds, similar formulations, or known therapeutic methods.
Assuming RU2017106013 discloses a new chemical entity with superior efficacy or reduced side effects, the patent likely relies on demonstrating inventive step over existing medications. The patent examiner would have assessed prior art databases, including domestic and international patent filings, scientific literature, and clinical data.
Claim Construction and Enforcement
The enforceability of the scope depends on how precisely the claims are drafted. Overly broad claims risk invalidation, while overly narrow claims may limit commercial exclusivity. The patent's detailed description and examples bolster patent robustness, providing clarity during enforcement or litigation.
Patent Landscape
Russian and International Context:
Russia has a burgeoning pharmaceutical patent landscape influenced by international standards due to TRIPS compliance. The patent landscape for pharmaceuticals displays a growth in filings covering innovative compounds, formulations, and methods. RU2017106013 sits within this expanding environment, competing with patents filed in Europe (EPO), the US (USPTO), and other jurisdictions.
Freedom to Operate (FTO):
An assessment of existing patents similar to RU2017106013 is vital. Patent searches reveal prior art indicating similar compounds or formulations may exist, which could challenge the patent’s validity or restrict commercialization. Cross-national patent landscapes often contain overlapping claims, especially for broad chemical classes, raising potential for patent conflicts.
Infringement Risk:
Implementation or production of similar compounds in Russia would need to consider the scope of RU2017106013's claims to avoid infringement. The specific claims’ construction will ascertain whether minor modifications circumvent infringement or if the patent provides comprehensive coverage.
Legal and Market Implications
- Patent Validity: The patent’s validity depends on its compliance with Russian patent law, including disclosure requirements and inventive step. Challenges can be mounted via oppositions within 6 months of grant.
- Market Exclusivity: With a typical 20-year term, RU2017106013 provides exclusive rights until approximately 2037, provided maintenance fees are paid.
- Licensing Opportunities: Drugs based on this patent could be licensed domestically or exported, assuming the patent’s breadth and enforceability are sound.
- Potential Challenges: Opponents might argue prior art anticipation or obviousness, especially if similar compounds exist in scientific literature or patent filings.
Conclusion
RU2017106013 exemplifies a targeted pharmaceutical patent in Russia, likely claiming a novel chemical entity or specific therapeutic application. Its scope, as defined through its claims, shapes its value and enforceability. The patent landscape reveals an active environment with considerable overlap potential, demanding strategic navigation for innovators and patent holders. Legal robustness depends on precise claim language and comprehensive support in the description.
Key Takeaways
- The scope of RU2017106013 hinges on the breadth of its claims, affecting both enforceability and licensing prospects.
- Thorough patent landscape analysis is vital to identify validity risks and freedom-to-operate concerns within Russia and globally.
- Adherence to Russian patent procedures and a strategic claim drafting approach enhance patent strength against invalidation or infringement challenges.
- Patent lifecycle management, including timely fee payments and monitoring competing filings, sustains patent protection within the evolving pharmaceutical market landscape.
- Engaging with local patent counsel ensures alignment with Russian legal standards and maximizes the patent’s commercial value.
FAQs
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What is the typical scope of pharmaceutical patents in Russia?
They generally cover chemical structures, specific formulations, uses, and methods related to drug production or administration, with scope determined by claim language.
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How does the Russian patent landscape compare to international markets?
Russia’s pharmaceutical patent environment is expanding, influenced by international agreements like TRIPS, but may have narrower scope in certain areas compared to the US or EU due to legal and procedural differences.
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What challenges can threaten the validity of RU2017106013?
Challenges may include prior art disclosures, obviousness, lack of inventive step, or insufficient disclosure, potentially leading to invalidation in legal proceedings.
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How does claim drafting impact patent enforceability in Russia?
Well-crafted claims that balance breadth and clarity strengthen enforceability, while overly broad or vague claims risk invalidation.
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Can this patent be licensed or enforced outside Russia?
No, unless the patent is also filed and granted in other jurisdictions; cross-border enforcement depends on concurrent patent rights or international treaties.
References
[1] Russian Federal Service for Intellectual Property (Rospatent), official patent database.
[2] Russian Civil Code (Part IV), governing patent law.
[3] WIPO Patent Information Services, overview of Russian patent law.
