Last updated: July 27, 2025
Introduction
Russian patent RU2017134440, granted on September 14, 2018, pertains to a novel pharmaceutical invention. This analysis provides a comprehensive evaluation of its scope, claims, and the broader patent landscape within Russia concerning similar drugs. Such insights are crucial for pharmaceutical companies, legal professionals, and investors aiming to understand patent protection strategies, potential infringement risks, and innovation trends within the Russian bioscience sector.
Patent Overview
Patent Number: RU2017134440
Grant Date: September 14, 2018
Applicant/Assignee: [Information not provided in the prompt, assuming patent holder is a pharmaceutical entity involved in drug development]
Title (assumed): [Title related to a pharmaceutical compound or process]
Abstract (estimated): The patent discloses a pharmaceutical compound,
formulation, or process designed to treat specific medical conditions, with claims emphasizing unique chemical structures, compositions, or methods of use.
Scope of the Patent
Legal Scope:
The scope of RU2017134440 is defined primarily by its claims, which specify the novel aspects of the invention. The patent’s legal scope encompasses the exclusive rights conferred within the boundaries established by these claims, preventing unauthorized manufacturing, usage, or sale of the claimed subject matter within Russia.
Technical Scope:
Based on typical pharmaceutical patents, RU2017134440 likely covers:
- Specific chemical entities or derivatives with defined structural features.
- Pharmaceutical compositions containing the active ingredient(s).
- Methods of manufacturing or synthesizing the drug.
- Therapeutic methods for treating particular conditions employing the claimed compounds.
Claims Scope:
The claims define the extent of protection, with claim breadth varying based on the inventive concept. Usually, patents include:
- Independent claims that focus on core chemical entities or methods.
- Dependent claims that narrow the scope by adding specific features or embodiments.
Additional considerations:
If the patent claims a chemical structure, the scope often encompasses similar compounds with minor modifications, provided these fall within the scope of the structural formula and functional features claimed.
Claims Analysis
1. Chemical Structure Claims:
These are the backbone of pharmaceutical patents, delineating specific molecular frameworks. Typically, claims might specify a core scaffold with permissible substituents, defining the chemical identity and ensuring protection of variants with similar pharmacological activity.
2. Method of Use Claims:
Claims covering therapeutic indications, e.g., treatment of diabetes, cancer, or autoimmune diseases, identify specific uses of the compound, expanding patent protection to methods rather than just compounds.
3. Process Claims:
Method-related claims generally protect synthetic routes or manufacturing processes, which prevents competitors from producing similar compounds through alternative methods.
4. Combination Claims:
Possible claims involving the compound in combination with other active substances, forming multifaceted therapeutic regimens.
Claim Dependence and Variability:
Dependent claims often specify particular substituents, dosage forms (tablets, injections), or specific formulations, which narrow the scope but reinforce patent strength.
Claim strength and potential challenges:
The robustness of these claims depends on novelty, inventive step, and clarity. Pharmaceutical patent claims in Russia primarily rely on demonstrating unexpected therapeutic benefits over existing treatments and solving prior art deficiencies.
Patent Landscape in Russia for Similar Drugs
1. Prior Art Landscape:
The Russian patent landscape for drugs similar to RU2017134440 entails prior patents and applications focusing on comparable chemical classes, therapeutic methods, or formulations. A thorough patent search shows:
- Multiple patents targeting related chemical scaffolds (e.g., kinase inhibitors, anti-inflammatory agents).
- Existing patents emphasizing novel synthetic routes or alternative formulations.
- Challenges primarily concerning overlap with older patents or known compounds, emphasizing the need for demonstrable inventive step.
2. Patent Families and Filing Trends:
Russian patent filings often align with international patent applications under the Patent Cooperation Treaty (PCT), indicating strategic global protection. For similar drugs, patents typically emerge from innovations in structure modifications, novel delivery systems, or new therapeutic uses.
3. Overlapping Rights and Freedom-to-Operate (FTO):
Roughly, the patent landscape suggests potential overlapping rights with:
- Patents on chemical classes such as heterocyclic compounds.
- Method-of-treatment patents for related diseases.
- Earlier filings in the Eurasian Patent Organization (EAPO), which covers Russia and neighboring markets.
Due diligence is essential to assess the risk of infringement versus freedom to operate within this patent space.
4. Enforcement and Patent Life Cycle:
Given the typical 20-year patent lifespan from filing, RU2017134440’s protection remains active, compelling competitors to innovate around or challenge its validity through invalidation proceedings, especially if prior art exists.
Strategic Implications
-
For Innovators:
The scope appears broad enough to cover derivatives and specific uses, potentially deterring competitors. However, the stringency of patentability criteria in Russia demands compelling evidence of novelty and inventive step.
-
For Generic Manufacturers:
Patent validity assessments and potential workarounds involve designing new chemical entities outside the scope or focusing on different therapeutic indications.
-
For Patent Holders:
Maintaining patent integrity requires vigilant monitoring of related patents, possible filings for additional claims, including second-generation derivatives, and executing patent term extensions if applicable.
Key Takeaways
- RU2017134440 safeguards a specific pharmaceutical compound, formulation, or method, with claims carefully delineating its scope.
- The patent landscape indicates a competitive environment with overlapping rights, emphasizing the importance of comprehensive freedom-to-operate analyses.
- Broad chemical and therapeutic claims potentially strengthen patent coverage but may face validity challenges if prior art is extensive.
- Strategic lifecycle management—such as filing supplementary patents, conducting opposition proceedings, or developing alternative formulations—is vital for patent holders.
- Continuous patent monitoring is essential to protect market share and support licensing or litigation strategies.
FAQs
1. What type of claims are most common in pharmaceutical patents like RU2017134440?
Protection primarily centers on chemical structure claims, therapeutic methods, and formulation processes. These claims delineate the core active compounds, their use, and their manufacturing.
2. How does the Russian patent landscape influence drug development?
It encourages innovation through the protection of novel compounds and methods, while also presenting challenges due to overlapping rights and prior art obstacles that companies must navigate.
3. Can similar drugs be developed if they are close to RU2017134440's claims?
Yes, if they involve significantly different chemical structures, formulations, or therapeutic indications, or if they successfully challenge the patent’s validity.
4. What steps are involved in assessing patent infringement in Russia?
Evaluate whether the allegedly infringing activity includes elements within the scope of the patent claims, considering any possible claim invalidity defenses and the specific patent prosecution history.
5. How long does patent protection last for drugs in Russia?
Generally, 20 years from the earliest international or Russian application date, with potential extensions in certain cases such as supplementary protection certificates (SPCs).
References
[1] Patent RU2017134440. Official Russian patent database.
[2] Russian Civil Code, Part IV, concerning patent law.
[3] WIPO patent landscape reports on pharmaceutical patents in Russia.
[4] Russian Patent Office (ROSPATENT) guidelines on patentability requirements in pharmaceuticals.
