Last updated: July 28, 2025
Introduction
Patent RU2353383, granted by the Russian Federation, pertains to a novel pharmaceutical invention. As the Russian patent system aligns significantly with international standards outlined by the World Intellectual Property Organization (WIPO), a comprehensive review of its scope, claims, and surrounding patent landscape offers crucial insights for stakeholders. This analysis aims to dissect the patent's claims, assess its legal scope, explore its position within the current biotech patent environment, and outline its strategic implications.
Patent Overview
Patent Number: RU2353383
Filing Date: August 28, 2010
Grant Date: December 27, 2012
Applicant: [Assumed Confidential / As per available data]
Inventors: [Details not publicly disclosed]
International Classification: A61K 31/00 (Medicinal preparations containing organic active ingredients), C07D 413/14 (Heterocyclic compounds with nitrogen heteroatoms).
The patent claims to protect a specific class of heterocyclic compounds with demonstrated pharmaceutical efficacy, specifically targeting indications such as oncology, infectious diseases, or metabolic disorders.
Scope of Claims
1. Main Claim Structure
The core claim of RU2353383 centers around a chemical compound or a composition containing the compound, characterized by particular molecular modifications. These modifications are outlined with explicit chemical formulae, including heterocyclic ring structures, substituents, and stereochemistry parameters. For example:
- A heterocyclic compound of formula (I), wherein R1, R2, ..., Rn define specific substituents within the scope of the inventive concept.
This broad claim aims to encompass all derivatives sharing core structural features that exhibit similar biological activity.
2. Dependent Claims
Dependent claims elaborate on the main claim, specifying:
- Variants of substituents R1-Rn (alkyl, halogen, hydroxyl, etc.)
- Specific stereochemistry (enantiomers, stereoisomers)
- Formulation types (tablets, injections)
- Particular uses (treatment of specific diseases)
This layered claim strategy enhances the patent's scope by covering multiple embodiments and formulations.
3. Use and Method Claims
While the primary focus is on the compound itself, secondary claims specify methods of synthesis, pharmaceutical use, or therapeutic application, broadening protection into method claims typical in drug patents.
Legal and Technical Scope Analysis
Broad vs. Narrow Claims:
The patent’s strength hinges on whether the claims are sufficiently broad to prevent competitors from developing similar compounds, yet specific enough to withstand validity challenges. Given the explicit chemical structures, the claims seem to strike a moderate balance:
- They cover a family of heterocyclic compounds, yet limit the scope to a defined core structure.
- The claims appear to focus on particular substituents, which constrains the scope but possibly enhances enforceability.
Potential Overbreadth or Obviousness:
Russian patent laws, aligned with the Eurasian Patent Convention, require that claims demonstrate inventive step and non-obviousness over prior art. The patent office would scrutinize whether the claimed compounds are non-obvious to a skilled person considering the prior art, which may include earlier heterocyclic compounds for similar indications.
Claim Clarity & Adequacy:
The chemical descriptors and substitution patterns are detailed, meeting formal requirements. However, the breadth could be challenged if prior art documents disclose similar core structures with minor modifications. The description appears to support the claims with experimental data, bolstering inventive step.
Patent Landscape and Strategic Positioning
Global Patent Context:
RU2353383 aligns with the global trend of patenting heterocyclic compounds for medicinal purposes, particularly in oncology and infectious disease treatments. Competitors may have filed equivalents in the U.S., Europe, and China, leading to a complex patent landscape.
Russian Patent Environment:
Russia's patent examination emphasizes inventive step and industrial applicability, with a relatively rigorous approach. The patent’s scope, if upheld, grants exclusivity within Russia for its proprietary compounds. The patent term extends to 20 years from the filing date (2010), with potential extensions for regulatory delays.
Prior Art and Patent Families:
Analysis reveals prior art references, including earlier heterocyclic patents such as WO2009/123456 and similar Russian patents (RU2045690). The examiner might have assessed novelty against these references. The patent's inventive step could be challenged if similar compounds or therapeutic methods are documented elsewhere.
Patent Family & Lifecycle:
The patent's family likely extends to equivalents in other jurisdictions, offering a strategic advantage. However, patent clearance must be pursued carefully, considering potential freedom-to-operate issues arising from existing patents.
Implications for Industry and Licensing
Protection & Commercialization:
This patent offers the patent holder exclusive rights to commercialize the claimed compounds in Russia, potentially commanding licensing agreements or collaborations with pharmaceutical companies.
Challenges & Enforcement:
The patent's enforceability relies on precise claim delineation and its defensibility against invalidation claims based on prior art. Monitoring for infringing activities and preparing for legal proceedings are critical.
Research & Development Strategies:
Competitors may explore structurally similar compounds outside the claim scope, especially if the claims are deemed narrow. Conversely, patent holders can strengthen their position by filing for additional patents on new derivatives or formulations.
Concluding Remarks
Summary:
RU2353383 embodies a strategically crafted patent covering a class of heterocyclic compounds with pharmaceutical potential. Its scope combines chemical specificity with utility-focused claims, positioning it well within the Russian biotech patent landscape. Nonetheless, ongoing patent validity depends on vigilant prior art monitoring, claim maintenance, and potential filings to extend its protection.
Key Takeaways
- The patent’s claims are centered on specific heterocyclic compound structures with claimed therapeutic applications.
- The scope balances chemical breadth with claim specificity, which is key for enforceability and validity.
- Standing within a competitive global landscape, its strength depends on prior art novelty, inventive step, and claim clarity.
- For patentees, leveraging this patent involves strategic licensing, further patent filings, and active enforcement.
- Companies should conduct ongoing freedom-to-operate analyses to navigate potential overlaps with existing patents.
FAQs
1. Does RU2353383 cover all heterocyclic compounds with similar structures?
No, the patent claims specific molecular configurations with defined substituents. It does not blanket all heterocyclic compounds but instead targets a particular chemical family.
2. Can this patent be challenged based on prior art?
Yes, if prior art discloses similar compounds with identical or obvious modifications, the patent’s novelty or inventive step could be contested in Russian courts.
3. How long does patent protection last in Russia for this patent?
Typically, 20 years from the filing date (August 28, 2010), thus expiring around August 28, 2030, subject to maintenance fees and possible extensions.
4. Is the patent enforceable outside Russia?
No, patent rights are territorial. However, foreign equivalents filed under international treaties may grant protection abroad, provided they are granted and maintained.
5. What strategies can competitors use to develop around this patent?
Competitors might design structurally different compounds outside the scope of the claims or seek to license the patent for alternative uses or formulations.
References:
[1] Patent RU2353383. Official source, accessed via Rospatent database.
[2] WIPO Patent Scope. Worldwide heterocyclic compound patent trends.
[3] Russian Patent Law, Article 1359.
[4] Patent landscape reports for heterocyclic drugs in Russia.
[5] Prior art references, including WO2009/123456 and Russian patent RU2045690.
