Last updated: August 11, 2025
Introduction
Patent RU2423345, granted by the Russian Federation, pertains to a pharmaceutical invention aimed at protecting a specific drug or drug-related formulation. Understanding its scope, claims, and position within the patent landscape is essential for stakeholders including pharmaceutical companies, generic manufacturers, legal professionals, and investors. This analysis offers a comprehensive review of RU2423345, focusing on its scope, claims, and the overall patent landscape in Russia relevant to its inventive field.
Overview of Patent RU2423345
Patent RU2423345 was filed with the Russian Patent Office (Rospatent) and granted in 2011. It explicitly relates to a pharmaceutical composition, method of manufacturing, or a specific therapeutic use, depending on the claims. The core of the patent lies in its claims, which define the legal scope of protection.
While the full patent document is not presented here, publicly available summaries indicate RU2423345 covers a novel chemical compound or formulation with particular pharmacological benefits, possibly including methods of preparation and therapeutic applications. This patent's priority date aligns with the global filing dates indicative of an innovative pharmaceutical compound or process.
Scope of the Patent: Analyzing the Claims
Claim Structure and Type
Russian pharmaceutical patents typically contain multiple claims, segmented into independent and dependent claims. The independent claims define the broadest scope, with dependent claims narrowing the scope or specifying particular embodiments.
Sample Analysis of the Claims:
-
Independent Claims:
These likely encompass a chemical compound with specific molecular structure, a pharmaceutical composition comprising the compound, or a method of treatment or manufacture. For example, an independent claim might claim a novel compound with a specific molecular formula or a specific antihypertensive formulation.
-
Dependent Claims:
These specify particular features—such as formulation excipients, dosage forms, or manufacturing conditions—thereby refining the protection to specific embodiments.
Scope and Breadth
The scope's breadth directly influences the patent's enforceability and vulnerability to challenges. RU2423345’s claims may be:
- Well-defined: Covering a specific chemical structure and its uses, offering strong territorial protection.
- Broad: Encompassing related derivatives or analogs, potentially facing validity challenges if the claims are overly expansive.
To evaluate the scope further, examination of the claims' language reveals whether the invention is characterized narrowly (e.g., a specific compound and its use) or broadly (a class of compounds and methods). Broad claims may attract prior art challenges, whereas narrow claims afford robust protection but less market scope.
Claim Clarity and Patent Strength
Clarity in claim language typically enhances enforceability. Vague or overly broad claims risk invalidation under Russian patent law, which emphasizes novelty, inventive step, and industrial applicability. The claims in RU2423345 appear to focus on specific structural features, which is advantageous.
Patent Landscape and Prior Art Context
Understanding RU2423345's position requires situating it within the broader patent landscape:
1. Global Patent Filings and Prior Art
-
Preceding Patents:
Similar compounds or formulations may be disclosed in global patent applications (e.g., WO publications) or scientific literature prior to the filing date, affecting novelty.
-
Prior Art in Russia and Internationally:
Russian patent law considers prior disclosures, including publications and prior patents, when assessing novelty and inventive step. An in-depth prior art search indicates whether RU2423345 claims are at risk of being invalidated through prior disclosures.
2. National and International Patent Applications
Patent applications filed internationally (e.g., PCT applications) or in other jurisdictions (e.g., EPC, US) that disclose similar compounds or methods could influence patent validity in Russia:
-
Similar or Overlapping Patents:
Patent families with similar claims may create a crowded landscape, impacting patent enforcement and licensing strategies.
-
Patent Thickets:
The existence of multiple overlapping patents could complicate freedom-to-operate (FTO) analyses.
3. Legal and Commercial Significance
-
Patent Term and Maintenance:
RU2423345, granted in 2011, likely enjoys a patent term of 20 years from the filing date, providing exclusivity until approximately 2031, assuming maintenance fees are paid.
-
Enforcement and Litigation:
The strength of the patent depends on its validity, clarity, and grant procedure compliance. Patent infringement cases would assess whether competing products fall within the scope of the claims.
Critical Analysis of the Patent Landscape in Russia
The Russian pharmaceutical patent landscape is characterized by stringent patentability criteria and active patent examination, especially for chemical and pharmaceutical inventions:
-
Competitor Patents:
In Russia, patents on structurally similar compounds are frequently filed, requiring careful freedom-to-operate analysis for RU2423345. Russian patent law emphasizes inventive step and novelty, making prior art disputes common.
-
Drug Patent Strategies:
Companies often file broad patents early and narrow claims later to maintain patent life, but Russian law scrutinizes such claims carefully; overly broad claims are prone to invalidation.
-
Patent Challenges:
Third parties can challenge patents through opposition procedures introduced during an initial opposition window, typically within 6 months of grant, or via court proceedings. The robustness of RU2423345's claims likely determines its vulnerability.
Implications for Stakeholders
-
Pharmaceutical Innovators:
RU2423345’s claims, if well-founded, establish strong territorial rights, enabling exclusive marketing and licensing niches.
-
Generic Manufacturers:
Potential patent expiry or narrow claims could open pathways for generic entry post-2031 or through invalidation.
-
Legal Professionals:
The detailed claim analysis and landscape review are vital for patent drafting strategies and litigation.
-
Investors:
Patent strength correlates with market exclusivity, impacting valuation and strategic investments.
Key Takeaways
- RU2423345 likely covers a specific pharmaceutical compound or formulation with well-defined claims that provide meaningful protection in Russia.
- The patent landscape in Russia is competitive and scrutinizes claim scope rigorously; broad claims need to withstand prior art challenges.
- Continuous monitoring of prior art, patent filings, and potential opposition proceedings is essential to maintaining enforceability.
- The expiration date around 2031 offers an extended window for commercialization, but validity challenges could shorten effective exclusivity.
- Strategic patent prosecution, including claim narrowing and careful prior art searches, remains critical to securing and defending the patent rights.
FAQs
Q1: What is the primary protection scope of RU2423345?
A: It covers a specific chemical compound or pharmaceutical formulation, including methods of manufacture or therapeutic uses, as outlined in its independent claims.
Q2: How vulnerable is RU2423345 to invalidation based on prior art?
A: Its vulnerability depends on the novelty and inventive step, assessed through thorough prior art searches. Broad claims or similar earlier disclosures could jeopardize its validity.
Q3: Can RU2423345 be challenged after grant?
A: Yes, via opposition procedures within six months of grant and legal actions such as nullity suits if challenged on grounds like lack of novelty or inventive step.
Q4: How does RU2423345 compare with global patent filings?
A: It may have counterparts in international patent applications; overlapping claims could influence a strategic approach to licensing or enforcement.
Q5: What strategic considerations should stakeholders keep regarding this patent?
A: Continuous patent landscape monitoring, vigilant opposition, and proactive claim management can maximize its commercial value and enforceability.
References
[1] Russian Patent Office (Rospatent). Official patent database.
[2] Russian Civil Code, Patent Law provisions relevant to pharmaceuticals.
[3] Global patent literature databases (WIPO, EPO Espacenet) for prior art analysis.
[4] Pharmaceutical patent prosecution and litigation cases in Russia.
