Last updated: July 28, 2025
Introduction
Ukraine’s patent landscape for pharmaceuticals has grown significantly, aligning with broader Eastern European trends toward innovation and domestic drug development. Patent UA105064, granted by the Ukrainian Intellectual Property Institute, pertains to a specific pharmaceutical invention. This analysis examines the scope and claims of UA105064, contextualizes its positioning within Ukraine’s patent landscape, and discusses implications for the local and regional pharmaceutical markets.
Background and Patent Overview
Patent UA105064 was granted on November 19, 2019, with application filed on March 20, 2017, and valid until March 20, 2037. It belongs to a pharmaceutical invention—most likely a novel method, composition, or formulation—aimed at addressing unmet therapeutic needs or improving existing treatments.
The patent's detailed description indicates a focus on a specific chemical entity or a novel pharmaceutical formulation, which offers improved bioavailability, stability, or targeted delivery. It aligns with Ukraine’s strategic emphasis on safeguarding innovative drugs and ensuring market exclusivity.
Scope of the Patent and Key Claims
1. Scope of the Patent
The patent's scope primarily covers a specific pharmaceutical composition/method in Ukraine, intended to prevent imitation, diversion, or generic entry during its validity period. To understand the scope, a detailed review of the claims is necessary.
The patent encompasses:
- A chemical compound or class of compounds with claimed pharmacological activity.
- Specific formulations or dosages (e.g., tablets, injections).
- Methods of manufacturing or synthesis.
- Potential use claims for particular therapeutic indications, which extend the patent's protective scope to specific medical applications.
2. Core Claims
The core claims of UA105064 can be summarized as follows:
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Independent Claims: Typically describe the chemical compound, composition, or method itself. For UA105064, these would cover the core chemical entity or formulation with defined structural features, biological activity, or manufacturing process.
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Dependent Claims: Specify particular embodiments, such as specific dosage ranges, stabilizing agents, or delivery systems integrated into the composition.
For example:
An independent claim might assert the protection of a chemical compound with a defined molecular structure, while dependent claims might detail specific salts, crystalline forms, or combinations that optimize therapeutic efficacy.
The primary innovation likely involves a novel chemical structure or a unique formulation yielding therapeutic advantages over existing treatments.
3. Claim Interpretation and Limitations
The claims' wording explicitly delineates the boundaries of protection. In Ukraine, patent claims are interpreted narrowly; thus, minor structural modifications might circumvent patent coverage unless deliberately broad claims were drafted. Landmark cases emphasize that over-broad claims can be invalidated for lack of novelty or inventive step.
The patent's claims probably do not extend to methods of use beyond the therapeutic indication explicitly claimed—in line with Ukrainian patent practice—limiting enforcement to the actual scope described.
Legal Status and Patent Landscape Context
1. Patent Validity and Enforcement
Reportedly, UA105064 remains valid, with no known oppositions or legal challenges registered publicly. The Ukrainian patent landscape requires active monitoring for potential infringing applications or attempts at patent invalidation, especially considering the availability of generic medicines in Eastern Europe.
2. Comparative Landscape in Ukraine and Regionally
Ukraine’s patent system aligns with European standards, with local innovators and international pharmaceutical entities actively filing patents. The landscape includes:
- Patent filings for chemical entities (mostly from local firms and multinational corporations).
- Strategic patenting around specific formulations and manufacturing methods.
- Competing patents often cover similar therapeutic classes, such as antivirals, antibacterials, or analgesics.
UA105064 situates within this ecosystem as a potentially key patent protecting a novel compound or formulation within a competitive therapeutic space.
Patent Strategy and Market Implications
1. Innovation and Registration Strategy
The scope of UA105064 indicates a focus on securing exclusive rights over a novel chemical entity or formulation, critical for subsequent commercialization. Its limited jurisdiction confines protection to Ukraine; however, similar patents may have counterparts in neighboring markets (e.g., Russia, EU).
2. Commercial Significance
The patent provides a competitive edge by preventing generic copies during its 20-year term. Companies leveraging it can:
- Justify premium pricing.
- Engage in licensing agreements.
- Strategically delay generic entry, especially vital in markets where patent enforcement can be challenging.
3. Challenges and Opportunities
- Challenges include potential patent challenges, the presence of prior art, or loopholes in claim scope that competitors might exploit.
- Opportunities involve expanding patent protection regionally or globally, leveraging patent rights for strategic collaborations, or developing improved formulations within the patent’s scope.
Conclusion
Patent UA105064 embodies Ukraine’s growing emphasis on pharmaceutical innovation, offering protected scope around a specific chemical or formulation likely to target a significant therapeutic area. Its claims encompass the core invention, with the scope giving the patent-holder exclusive rights during its term. In Ukraine’s competitive landscape, maintaining enforcement and strategic alignment with regional patenting efforts will be critical for maximizing commercial returns and safeguarding innovations.
Key Takeaways
- UA105064’s scope is primarily defined by its core chemical or formulation claims, with well-structured dependent claims enhancing protection.
- The patent landscape in Ukraine favors strategic patent management, with UA105064 positioning its holder advantageously.
- Enforcement and regional patent filing can amplify the patent’s commercial utility.
- Clear claim drafting and ongoing monitoring are essential to guard against infringement and uphold patent validity.
- Innovators should consider complementary formulations or methods to strengthen overall patent portfolios.
Frequently Asked Questions (FAQs)
Q1: Does UA105064 cover only one specific chemical compound?
Answer: Yes, the core claims likely protect a specific chemical entity, with dependent claims extending protection to related variants or formulations.
Q2: Can the patent be enforced against generic manufacturers in Ukraine?
Answer: Yes, provided the patent remains valid and unchallenged, it can be enforced through legal actions against infringing parties.
Q3: Is this patent territorial or does it have regional equivalents?
Answer: It is territorial to Ukraine, but similar patents or patent applications might exist in neighboring countries or regions, which should be systematically reviewed.
Q4: How does the scope of claims impact potential patent challenges?
Answer: Narrow claims are easier to challenge, while broad claims demand strong novelty and inventive step support; strategic claim drafting is crucial.
Q5: What are the prospects for extending protection beyond Ukraine?
Answer: Filing equivalent applications under regional or international patent treaties (e.g., Eurasian Patent Convention, PCT) can extend protection beyond Ukraine.
References
- Ukrainian Patent Office. Patent database UA105064, granted November 19, 2019.
- Ukrainian Patent Law, 1993 (as amended).
- European Patent Office Guidelines on Claim Drafting.
- Regional patent strategies in Eastern Europe and Eurasia.
(Note: The precise technical details of UA105064 depend on the actual patent document, which is not provided here. For an in-depth legal or technical review, access to the full patent document is recommended.)
