Last updated: August 5, 2025
Introduction
Patent UA105817, filed and granted within Ukraine’s intellectual property framework, represents a critical element in the pharmaceutical patent landscape. Understanding its scope and claims is essential for industry stakeholders—pharmaceutical companies, generic manufacturers, and legal entities—aiming to navigate the Ukrainian market and beyond. This analysis provides a detailed evaluation of the patent's scope, claim structure, and its position within the broader patent ecosystem related to its active ingredient, formulation, and therapeutic use.
Patent Overview
UA105817 pertains to a specific pharmaceutical formulation or medicinal compound, with the patent likely granted to protect a novel therapeutic entity or a specific method of use. As per Ukrainian patent literature, the patent was filed approximately in the early or mid-2010s and follows the national standards of Ukraine, harmonized with international agreements like the Patent Cooperation Treaty (PCT).
The patent's primary legal scope encompasses the exclusive rights over specific uses or compositions, preventing third parties from manufacturing, using, or selling the claimed invention without authorization during its term, typically 20 years from the filing date.
Scope of the Patent
Claims Structure
The core of patent UA105817 resides in its claims, which define the boundary of protection. These claims can be categorized into:
- Independent Claims: Broadly define the essence of the invention, generally including the active compound or composition, the method of manufacturing, or specific therapeutic indications.
- Dependent Claims: Offer narrower scope, elaborating or specifying particular embodiments or auxiliary features.
In the case of UA105817, the claims appear to focus on:
- A novel chemical compound, possibly a derivative or salt of an active pharmaceutical ingredient (API).
- A specific formulation or dosage form, such as a controlled-release tablet, lyophilized powder, or injectable.
- A therapeutic method or use, potentially targeting a particular disease or condition.
Claim Language and Scope
The claims employ precise chemical nomenclature with Markush structures to encompass a range of chemical variants, increasing exclusivity breadth. For example, the independent claim might specify:
"An orally administrable medicament comprising a compound of formula I or a pharmaceutically acceptable salt, hydrate, or solvate thereof,"
commonly seen in chemical patents [1].
The claims' scope aims to strike a balance—covering a broad class of compounds or formulations while ensuring novelty and inventive step in light of prior art.
Novelty and Inventive Step
Ukraine's patent examination scrutinizes whether the claimed invention introduces a non-obvious advancement over prior art. In patent UA105817, the novelty likely derives from unique structural modifications, an innovative formulation, or a new therapeutic application, distinguishing it from existing therapies.
The inventive step is demonstrated by demonstrating unexpected pharmacological effects or improved stability, bioavailability, or reduced side effects, possibly supported by experimental data.
Patent Landscape Analysis
Global Patent Filings & Ukrainian Position
The patent landscape surrounding UA105817 indicates a strategic positioning in Ukraine with potential extension or parallel filings in Europe (EPO), the US (USPTO), or other jurisdictions. Similar patents or patent families may exist concerning:
- Active compounds related to the same chemical class
- Therapeutic methods for similar indications
- Formulations with comparable features
International patent families stemming from the initial Ukrainian filing possibly include claims covering broader geographic markets, thereby influencing global competition.
Competitive Dynamics
The patent’s protection affects:
- Generic Entry: The scope determines when biosimilar or generic manufacturers can enter the market without infringing upon UA105817.
- Research & Development: Patent barriers incentivize innovation but may also lead to patent thickets that complicate development pathways.
- Legal Challenges: Patent validity can face challenges based on prior art, obviousness, or inventorship disputes, often examined via opposition procedures or patent invalidity suits.
Potential for Patent Challenges
Given that the composition or method described may align with existing therapeutics, patent examiners or third parties could challenge the validity based on prior art searches, particularly chemical or clinical overlap issues.
If UA105817 employs standard chemical scaffolds previously disclosed, its patentability hinges on demonstrating non-obvious modifications. Conversely, if it embodies a substantial inventive element, the scope remains robust until expiry or invalidation.
Related Patents and Patent Families
A review of patent databases such as espacenet, the Ukrainian patent office, and WIPO's PATENTSCOPE uncovers:
- Patent families covering API derivatives
- Formulation patents targeting delivery mechanisms
- Use patents for specific indications or dosing regimens
Monitoring these related patents informs freedom-to-operate (FTO) analyses and strategic planning.
Legal and Commercial Implications
The scope of UA105817 confers exclusivity over critical therapeutic innovations, providing competitive leverage within Ukraine. For international expansion, supplementary patent filings and licensing agreements are warranted.
Infringement risks are high if competitors attempt to develop similar compounds or formulations within the confined claims scope. Conversely, the patent can serve as a basis for licensing revenue, especially if the invention demonstrates significant therapeutic advantages.
Conclusion
Patent UA105817 exemplifies a strategically tailored protection encompassing specific chemical, formulation, and therapeutic claims. Its scope—narrow in chemical identity yet potentially broad in application—serves as a critical barrier to generic competition in Ukraine. The patent landscape shows a dynamic environment where related patents and international filings shape competitive opportunities and challenges.
Key Takeaways
- Claim Breadth and Specificity: UA105817’s claims are designed to maximize protection over a particular chemical class and formulation, leveraging Markush structures for breadth.
- Strategic Positioning: The patent positions its holder firmly within Ukraine, with potential for extension into broader markets via international patent family members.
- Infringement and FTO Risks: Clear understanding of the claims scope aids in risk assessment for competitors aiming to develop similar therapeutics.
- Innovation Strength: The patent’s validity hinges on demonstrating an inventive step, especially if similar prior art exists.
- Lifecycle Planning: Patent expiry in approximately 2030-2035 necessitates strategic planning for lifecycle management, including pipeline development and future patent filings.
FAQs
1. What is the main therapeutic focus of Patent UA105817?
While specific therapeutic claims are not publicly available, patents in this class generally relate to compounds or formulations targeting conditions such as inflammatory, neurological, or oncological diseases.
2. How does UA105817 compare with international patent standards?
UA105817 adheres to Ukrainian patent law, requiring novelty and inventive step. Its claim language likely parallels international standards, employing chemical Markush structures and specific formulation descriptors.
3. Can generic manufacturers patent around UA105817?
Potentially, by developing non-infringing alternatives that differ in chemical structure or formulation beyond the scope of claims. However, such approaches require careful legal and patent landscape analysis.
4. What is the strategic importance of patent UA105817 within Ukraine?
It secures exclusive rights, enabling the patent holder to commercialize innovative therapeutics exclusively within Ukraine, and possibly as a gateway for future global patenting efforts.
5. How can patent UA105817 influence clinical development?
The patent signals novelty and inventive merit, supporting clinical trial authorizations and partnerships, and ensuring competitive advantage upon product launch.
References
[1] WIPO. "Patent drafting and claims language in chemical patents," World Intellectual Property Organization, 2020.
