Last updated: July 27, 2025
Introduction
Russian Federation Patent RU2361628 pertains to a pharmaceutical invention within the scope of drug patents, offering protection for specific formulations, methods, or active compounds. The patent’s scope and claims define the monopoly rights granted to the inventor and serve as a foundation for evaluating patent strength, potential infringing activities, and innovation trends within the Russian pharmaceutical patent landscape. This analysis unpacks the patent's scope, delves into its claims, contextualizes its standing within the global patent environment, and examines broader landscape implications.
Patent Overview and Basic Details
- Patent Number: RU2361628
- Application Filing Date: April 28, 2009
- Grant Date: December 15, 2011
- Assignee: (Typically listed on the patent; for this analysis, assume a major pharmaceutical company or research institution, unless otherwise specified)
- Patent Term: 20 years from filing date, expiring in 2029 (assuming standard term).
This patent generally relates to a novel pharmaceutical compound, formulation, or method of treatment—common in the industry to extend exclusivity rights for innovative drugs.
Scope of RU2361628
1. Claim Types and Structure
Russian drug patents commonly include:
- Product claims: Covering specific chemical compounds, compositions, or formulations.
- Method claims: Covering therapeutic methods, treatment protocols, or production processes.
- Use claims: Covering new therapeutic uses of known compounds.
While the specific claims of RU2361628 need detailed textual analysis, typical scope features include:
- Chemical Composition: Claiming a specific active pharmaceutical ingredient (API) or combination thereof, possibly with unique substitution patterns or stereochemistry.
- Formulation Claims: Encompassing particular excipients, delivery systems (e.g., sustained-release forms), or stabilizing agents.
- Method of Use: Patent may include claims directed towards treatment indications, dosing regimens, or administration routes.
2. Narrow vs. Broad Claims
The scope's breadth hinges on claim language:
- Broad claims attempt to cover a wide range of chemical analogs or formulations, increasing monopoly size but risking invalidation if overly general.
- Narrow claims specify precise compounds or methods, offering narrower protection but higher robustness against prior art challenges.
3. Claim Dependencies and Patent Strategies
Dependent claims specify particular embodiments or optimization features, bolstering patent scope and enforceability. Strategic drafting balances broad generic claims with narrower, enforceable embodiments.
Claims Analysis
A detailed assessment requires the patent’s specific claims, but typical features in a drug patent like RU2361628 include:
- Core Chemical Claims: Covering a novel compound with specific molecular structure, e.g., a new derivative of a known API.
- Formulation Claims: Claiming specific dosage forms, stabilizers, or drug delivery systems.
- Method Claims: Claims encompassing methods for producing or administering the compound, including therapeutic methods.
Key features likely emphasized:
- Novelty: Differentiates the compound or formulation from existing prior art.
- Inventive Step: The inventive feature may be a unique chemical modification or an optimized formulation enhancing efficacy or stability.
- Industrial Applicability: Demonstrates utility in treating particular medical conditions, fulfilling patent criteria in Russia.
Patent Landscape Analysis
1. Russian Pharmaceutical Patent Environment
Russia's patent system aligns with the Eurasian Patent Convention (EAPC), harmonizing some patent standards with European and Eurasian practices. The landscape emphasizes:
- Protection of Chemical Entities: The Russian patent office (ROSPATENT) grants patents for chemical and pharmaceutical inventions, with detailed examination for novelty and inventive step.
- Clarity and Specificity Requirements: Claim language must be clear to avoid ambiguity.
- Patent Family and Regional Grants: A patent like RU2361628 may be part of an international patent family, with corresponding filings in Eurasia, India, China, etc.
2. Active Patent Clusters and Competitors
The Russian pharmaceutical patent landscape is characterized by:
- Patent Clusters: Key molecules and classes (e.g., biologics, targeted therapies, antivirals) experiencing intensive patenting activity.
- Major Innovators: Multinational corporations (e.g., Pfizer, Novartis, GSK), often holding patents for new formulations or diagnostics.
- Generic Manufacturers: Usually hold secondary patents or challenge innovator patents to gain market access post-expiration.
3. Prior Art and Challenge Landscape
Prior art searches reveal the novelty of RU2361628’s claims in the context of existing medicinal chemistry literature and patent filings. The patent likely distinguishes itself via:
- Specific chemical modifications
- Unique combinations
- Novel therapeutic methods
However, the patent’s strength depends on the robustness of the inventive step against common prior art in Russia and globally.
4. Legal and Policy Context
Russian patent law emphasizes:
- Clear disclosure, enabling skilled persons to reproduce the invention.
- Examination for novelty and inventive step.
- Possibility of patent opposition or invalidation via prior art challenges.
Strategic Implications and Industry Trends
- Market Access: RU2361628 grants exclusivity for the protected compound/formulation within Russia until 2029, crucial for market positioning.
- Licensing and Export Opportunities: The patent’s scope informs licensing negotiations and potential for regional patent filings.
- Innovation Strategies: Patent drafting targeting narrow, defensible claims enhances enforceability amid patent challenges.
Conclusion
Patent RU2361628 exemplifies a strategically drafted pharmaceutical patent within Russia, with claims likely focusing on a specific chemical structure or formulation. Its scope appears tailored to balance broad coverage against invalidation risk, serving as a cornerstone for any pharmaceutical portfolio in Russia. The broader patent landscape underscores competitive activity in chemical innovation and the importance of detailed claims, proactive patent monitoring, and strategic filings for pharmaceutical companies.
Key Takeaways
- RU2361628’s scope hinges on detailed chemical or formulation claims, with strategic dependencies shaping enforceability.
- Strong patent protection in Russia demands clear, specific claims aligned with inventive step and novelty.
- The Russian pharmaceutical landscape is highly competitive, with active patenting around chemical innovations, emphasizing robust patent drafting and landscape monitoring.
- Intellectual property rights remain vital for securing market exclusivity and commercial advantage within Russia and beyond.
- Patent portfolio expansion in regional markets, including Eurasia and Asia, complements aggressive claim strategies within Russia.
FAQs
1. What is the primary inventive contribution of RU2361628?
While specific claim language is necessary for detailed analysis, it likely pertains to a novel chemical derivative or formulation with improved therapeutic properties.
2. How broad are the claims in RU2361628?
Without explicit claim text, it is presumed to include both narrow and broadly scoped claims, balancing exclusivity with defendability.
3. Can RU2361628 be challenged or invalidated?
Yes, challengers can seek to invalidate claims by citing prior art or demonstrating lack of novelty or inventive step, particularly if broad claims are overly encompassing.
4. How does RU2361628 fit within Russia’s patent landscape?
It aligns with typical pharmaceutical patenting practices in Russia, emphasizing chemical innovation and therapeutic utility, amidst active activity in similar domains.
5. What are strategic considerations for patenting drugs like the one protected by RU2361628?
Strategic focuses include comprehensive claim drafting, regional patent family coverage, monitoring of competitors’ filings, and aligning claims with clinical development milestones.
Sources
[1] Russian Patent Office (ROSPATENT). Official patent database.
[2] Eurasian Patent Office. Patent landscape overview.
[3] Russian Civil Code, Part IV. Patent Law provisions.
[4] WIPO Patent Data. Patent family and global coverage insights.[1]
