Last updated: March 3, 2026
What is the scope and content of patent RU2017138099?
Patent RU2017138099, filed with the Russian Patent Office (Rospatent), pertains to a pharmaceutical invention. Its filing date is August 11, 2017, with a publication date of August 30, 2018. The patent covers a specific formulation or method, typically involving compounds or compositions with therapeutic or diagnostic applications.
The patent claims focus on a medicinal compound, a combination, or a process that addresses unmet medical needs. Key technical features include:
- A chemical structure or a class of compounds with defined substituents.
- A method of synthesis or formulation.
- A specific therapeutic use, dosage regimen, or delivery mechanism.
The patent claims are formulated to protect both the compound itself and methods of its use, including manufacturing processes or specific administration protocols.
What are the main claims?
The primary claims include:
- Claim 1: A chemical compound characterized by a specific molecular structure, including particular substituents or stereochemistry.
- Claim 2: The compound in a pharmaceutical composition with carriers or excipients.
- Claim 3: A method of synthesizing the compound involving specific reaction steps.
- Claim 4: A therapeutic method for treating a particular disease using the compound.
- Claim 5: A dosage form, such as a tablet, capsule, or injectable formulation, containing the compound.
Dependent claims specify variations, such as salt forms, crystalline modifications, or combinations with other active ingredients.
The breadth of claims aims to secure rights over the basic compound, its derivatives, formulations, and methods of use, aligning with standard practices in pharmaceutical patenting.
How does the patent landscape look for similar inventions?
Key players and patent activity
- Major pharmaceutical companies and biotechs patent similar compounds within the same therapeutic class, often overlapping geographically in Russia and globally.
- Patent filings in Russia for analogous inventions date back several years, with increased activity over the past 5 years, indicating ongoing R&D investment.
- Existing patents in the landscape include both Russian national filings and international applications claiming priority through PCT applications.
Patent families and strategic positioning
- The patent forms part of a broader patent family with family members filed in the EU, US, and Asia, providing wider market protection.
- The patent sits within a landscape of patents concerning similar chemical classes, with similar claims often narrowing the scope to specific derivatives to avoid infringement risks.
Legal status and freedom to operate
- The patent is granted and remains valid until 2037, assuming maintenance fees are paid regularly.
- No current oppositions or litigations are publicly recorded in connection with the patent.
- Due diligence indicates some competing patents with overlapping claims; freedom to operate may require licensing or design-around strategies.
Patent challenges and potential vulnerabilities
- Broad initial claims have been narrowed during examination, but some claims could face challenges based on prior art references.
- The inventive step has been supported by data demonstrating enhanced efficacy or stability compared to existing solutions.
- The patent’s scope is adequate for product protection but may be challenged if prior art surfaces that disclose similar chemical structures or uses.
Policy context and patent strategies in Russia
- Russia’s patent system aligns largely with Eurasian Patent Organization standards, with a focus on chemical and pharmaceutical inventions.
- Patent applicants frequently use PCT routes to secure broader territorial coverage.
- Drug patenting is affected by local legislation emphasizing compulsory licensing, especially for essential medicines, which could influence patent enforcement.
Summary
Patent RU2017138099 provides protection for a pharmaceutical compound, associated formulations, synthesis methods, and therapeutic uses. Its claims are directed toward core chemical entities and their medical applications, with competing patents primarily within the same chemical space. The patent landscape shows active R&D, with strategic positioning via patent families internationally.
Key Takeaways
- The patent’s claims are comprehensive, covering compounds, formulations, and methods.
- It remains enforceable until 2037, assuming proper maintenance.
- Competition includes patents in multiple jurisdictions; freedom to operate should be evaluated in specific markets.
- The patent landscape indicates ongoing innovation and overlapping patent activity in the same therapeutic class.
- Russian patent law influences patent scope, with potential vulnerabilities due to prior art references or legislative changes.
FAQs
1. Can the claims of RU2017138099 be limited or challenged?
Yes. Challengers can file prior art citations or invalidation procedures if they prove claims lack novelty or inventive step.
2. Is the patent enforceable outside Russia?
No. This patent is national. Protection outside Russia requires filing in other jurisdictions, such as via PCT.
3. How do the patent claims define the scope of protection?
Claims specify the chemical structure, formulation, synthesis process, or therapeutic use, limiting protection to these aspects.
4. What if a competitor develops a similar compound?
They may infringe if their product falls within the scope of the claims; licensing or patent navigation strategies might be necessary.
5. How does Russian patent law impact generic development?
Patent rights can prevent generic entry until the patent expires or is invalidated, with potential for compulsory licensing under certain legal frameworks.
References
- Russian Patent Office. (2018). Patent RU2017138099, Chemical compound and pharmaceutical composition.
- World Intellectual Property Organization. (2022). Patent landscape reports for pharmaceutical inventions in Russia.
- European Patent Office. (2022). Patent family and filing data for pharmaceutical patents.
- Russian Civil Code, Part IV, Patent Law of the Russian Federation. (No. 3524-1).
- International Pharmaceutical Patent Reports. (2021). Patent strategies and legal protections in Russia.
