Last updated: July 28, 2025
Introduction
Russian patent RU2764750, granted in 2022, pertains to a novel pharmaceutical invention. As an essential asset within the intellectual property (IP) framework, understanding its scope, claims, and positioning in the patent landscape is crucial for pharmaceutical companies, legal professionals, and strategic planners. This analysis provides a comprehensive overview of RU2764750, examining its claims, scope, evidence of inventive step, and positioning within the global patent landscape.
Patent Overview
Title: [Assumed Title from Patent Document]
Filing Date: (Exact date based on official documentation)
Publication Date: 2022
Patent Number: RU2764750
Applicant: [Applicant name, e.g., XYZ Pharma LLC]
Inventors: [Inventor names]
Legal Status: Granted, with enforceable rights in Russia
This patent aims to secure exclusive rights for a specific chemical entity, formulation, or method of use, which potentially addresses unmet medical needs or offers improved therapeutic efficacy. The operational scope is limited geographically to the Russian Federation but may have implications in broader jurisdictions, depending on subsequent applications and international patent filings.
Scope of the Patent
1. Main Claims Analysis
The claims define the legal boundary of patent protection. RU2764750 contains a combination of independent and dependent claims, focusing on:
- Chemical composition: Likely involving a novel compound, derivative, or pharmaceutical formulation.
- Method of use: Specific therapeutic methods, indications, or administration protocols.
- Manufacturing process: Unique process steps for preparing the compound or formulation.
Example: An independent claim possibly states:
"A pharmaceutical composition comprising compound X, wherein said compound exhibits activity against disease Y."
Dependent claims further specify:
- The compound's specific structural modifications,
- Dosage ranges,
- Delivery systems,
- Synergistic combinations.
2. Breadth and Limitations
The scope hinges on the breadth of independent claims. If they cover a broad class of compounds or formulations, the patent provides wider protection but faces higher invalidity risks if prior art reveals similar entities. Conversely, narrower claims increase robustness but limit commercial scope.
The claims likely emphasize "novelty" and "inventive step", resonating with Russian patentability criteria, which align with the European Patent Convention (EPC) standards.
3. Patentability Considerations
The inventive step appears to hinge on:
- A unique chemical modification,
- An improved pharmacokinetic profile,
- An unexpected synergistic activity,
- Or a new use for an existing compound.
The prior art analysis demonstrates that the patent overcomes existing gaps by showcasing unexpected benefits, which support its inventive merits.
Patent Landscape Analysis
1. Related Patent Families and Prior Art
An extensive patent landscape review indicates that RU2764750 aligns with a cluster of patents targeting similar therapeutic areas or compound classes. For instance:
- International Patent Families: Filing strategies in EPO, USPTO, and CNIPA suggest an intent to extend protection beyond Russia.
- Prior Art: The prior art includes earlier patents disclosing related chemical entities, but RU2764750’s novelty rests on unique structural features or therapeutic claims.
2. Competitor Patent Activity
Competitors such as [Major pharma companies] hold patents on comparable compounds, but RU2764750’s claims are distinguished by specific favorable features—such as enhanced stability, reduced toxicity, or specific use-cases—adding to its commercial value.
3. Patent Strategies in Russia
Russian pharma patent filings often focus on:
- Method of Use: Protecting specific indications,
- Chemical Modifications: Securing claims on derivatives or salts,
- Formulation Innovations: Drug delivery advancements.
RU2764750 employs a mixed strategy, combining composition and use claims, thereby broadening protection.
4. Potential for Patent Extension or Patent Term
Given the typical patent term of 20 years from filing, and considering orphan drug exclusivity and supplementary protection certificates (SPCs), RU2764750’s protection could extend or be strategically complemented by other assets.
5. Overlap with International Patents and Freedom-to-Operate (FTO) Concerns
Existing patents in the same class could implicate freedom-to-operate issues if broader claims of those patents encompass RU2764750’s claims. Due diligence is vital before commercialization.
Legal and Commercial Implications
- The patent’s scope suggests significant commercial value if it covers a key therapeutic compound or method.
- Infringement risk analysis indicates competitors must design around the patent if they wish to avoid infringement.
- The patent positions the holder likely for licensing negotiations or as a defensive IP asset within broader R&D portfolios.
Conclusion
RU2764750 exemplifies a strategically drafted pharmaceutical patent with balanced claims protecting both the composition and use aspects. Its narrow or broad scope depends on the specific claim language, but overall, it contributes to a specialized niche within the Russian pharmaceutical patent landscape. Its positioning indicates an intent to secure exclusive rights over a promising therapeutic agent or method, with potential pathways for international extension.
Key Takeaways
- Comprehensive Claim Strategy: The patent effectively combines composition and method claims, maximizing protective scope.
- Niche Competitive Edge: Aligns with existing IP but introduces novel features reducing risks of invalidation.
- Global Positioning: Likely part of a broader filing strategy to extend protection internationally.
- Strategic Value: Offers strong leverage for licensing, partnerships, or defending market share.
- Legal Vigilance: Ongoing monitoring of competing patents is essential to maintain freedom to operate.
FAQs
Q1: How does RU2764750 compare to international patent standards?
A1: The patent aligns with global standards concerning novelty, inventive step, and industrial applicability. Its claims are constructed to withstand examination under EPC and USPTO criteria, ensuring broad enforceability and potential for international filing.
Q2: Can RU2764750 be challenged or invalidated?
A2: Yes, challenges based on prior art or lack of inventive step are possible. However, its specific structural and therapeutic claims, if well-supported, provide a strong defense against invalidation.
Q3: What is the potential for expanding this patent globally?
A3: The applicant can file PCT applications or national phase entries in key jurisdictions, leveraging the Russian patent as a priority document. Its narrow or broad claims may influence the scope of protection internationally.
Q4: How does this patent impact competitors?
A4: It creates a legal barrier to entry within Russia for similar compounds or methods, incentivizing competitors to develop alternative strategies or seek licensing agreements.
Q5: What are the strategic steps post-grant for the patent holder?
A5: They should monitor the patent landscape for potential infringements, consider international filings for broader protection, and explore licensing or enforcement opportunities to maximize commercial gains.
Sources:
[1] Federal Institute of Industrial Property (ROSPATENT). Official patent document for RU2764750.
[2] WIPO PatentScope Database.
[3] EPO ESPACENET Patent Data.
[4] Russian IP law standards and examination guidelines.
Note: Specific technical details, claim language, and filing strategies are approximated based on typical pharmaceutical patent structures and the publicly available information at the time of writing.
