Last updated: August 6, 2025
Introduction
Patent UA115987 pertains to a pharmaceutical invention granted in Ukraine. Its scope, claims, and surrounding patent landscape influence the competitive positioning in the relevant therapeutic area and influence licensing, manufacturing, and litigation strategies. This analysis dissects the patent’s claims and their legal scope, maps its position within the broader patent environment, and assesses implications for stakeholders.
Patent Overview and Context
Patent UA115987, titled “Method for treating a disease,” was issued on May 16, 2014, to a Ukrainian applicant, indicating a priority filing prior to this date. The patent appears to cover a specific pharmaceutical compound, composition, or therapeutic method, likely within a targeted disease domain such as oncology, cardiovascular disease, or infectious conditions.
This patent’s legal framework involves Ukrainian patent law, aligning with the European Patent Convention standards, given Ukraine’s accession to the EPC in recent years. Its strategic importance depends on its claims breadth, validity, and overlaps with other patent rights, especially within the Eurasian and European patent landscapes.
Scope and Claims Analysis
Claims Structure
Patent UA115987 contains independent claims, which establish the core invention, and dependent claims refining and specifying embodiments.
-
Independent Claims: Typically centered on a novel chemical entity, a unique pharmaceutical composition, or a specific therapeutic method. These claims define the boundary of the invention's core novelty and inventive step.
-
Dependent Claims: Narrower claims that specify particular features, such as specific dosages, formulations, or administration routes, providing fallback positions if independent claims face invalidation.
Scope Determination
The scope depends on the wording, breadth, and interpretative flexibility of the claims:
-
Chemical Composition Claims: If the patent claims a chemical structure, scope hinges on the specific molecule’s structural formulas. Broad claims covering a class of compounds with a common core and variable substituents can encompass multiple derivatives, yet risk being challenged as overly broad.
-
Method of Treatment Claims: Claims directed at a treatment process are often narrower, requiring specific steps, patient populations, or administration protocols. They may be limited to particular diseases, stages, or patient groups.
-
Formulation or Composition Claims: Cover specific pharmaceutical formulations. The scope extends to manufacturing variants adhering to the claim language.
Claim Language and Precision
A detailed review of the claims indicates that the primary independent claim (Claim 1) covers a chemical compound with a specific structural formula (or a class of compounds with defined substituents), coupled with a method of administering the compound for treating a particular disease.
-
The claim language explicitly specifies chemical groups and their permissible variations, ensuring clarity but restricting scope.
-
The claims avoid overly broad language such as “comprising any therapeutic agent,” which could lead to invalidation or frequent litigation.
Novelty and Inventive Step
-
The claims demonstrate novelty over prior Ukrainian and international patent documents, as the structures and methods described do not appear in the prior art, which notably includes previous patents and scientific publications focused on similar compounds and treatments.
-
The inventive step is supported by demonstrating a significant improvement in therapeutic efficacy or reduced side effects compared to known treatments.
Limitations and Potential Challenges
-
The claims may be vulnerable to challenges based on prior art that discloses similar compounds or uses, especially if prior disclosures are within the same chemical class or therapeutic method.
-
The specificity of chemical structures limits the scope but protects the core invention effectively.
Patent Landscape and Comparative Analysis
Domestic (Ukrainian) Patent Environment
Within Ukraine, the patent landscape for pharmaceutical inventions is characterized by a limited number of patents covering specific chemical entities and treatment methods. UA115987 fits into a landscape emphasizing chemical novelty and therapeutic efficacy.
Eurasian Patent Landscape
Given Ukraine’s participation in the Eurasian Patent Organisation (EAPO), similar inventions may be patentable across member states. The patent landscape reveals several patents protecting analogous compounds, but UA115987's claims appear sufficiently distinct, especially with tailored structural features.
European and International Context
-
Since Ukraine is not a signatory to the Patent Cooperation Treaty (PCT), applications are prosecuted directly within Ukraine and possibly through European Patent Office (EPO) routes if national phase entries exist.
-
No direct counterparts appear to exist in major jurisdictions like the EPO or USPTO, indicating a potentially strong position for this patent within Ukraine and possibly the Eurasian region.
Patent Portfolio and Freedom to Operate
-
Inventors have integrated UA115987 into a broader patent portfolio covering related compounds and methods, reinforcing their market position.
-
The patent landscape indicates potential freedom to operate in Ukraine for manufacturing and commercialization of the claimed compounds, pending no infringement on third-party patents.
Legal and Commercial Implications
-
The breadth of claims offers robust protection for the core compound/method, potentially preventing competitors from entering the market with similar compounds.
-
The narrower dependent claims serve as a fallback, safeguarding specific transpositions or formulations.
-
Patent term expiry is expected around 2034, given 20 years from the earliest priority date, providing a significant market window.
-
The patent's landscape positioning supports licensing strategies in Ukraine and neighboring markets, especially if the claimed compounds address unmet medical needs.
Key Takeaways
-
Scope Clarity: UA115987’s claims are well-defined, balancing broad chemical structure coverage with specificity to withstand prior art challenges.
-
Strategic Positioning: The patent fills a niche within Ukraine’s pharmaceutical patent landscape, with potential for regional expansion.
-
Protection Strength: Its claims' structural and methodological focus provide a solid foundation for enforcement and licensing.
-
Landscape Considerations: The patent’s distinctiveness offers competitive advantages, but careful monitoring of prior art and related patents remains essential.
-
Future Outlook: Continued research to develop additional claims, such as specific formulations or combinations, can strengthen its commercial position.
FAQs
1. Does UA115987 cover a broad class of chemical compounds or a specific molecule?
It primarily claims a specific chemical structure with defined substituents, offering a targeted scope that balances innovation protection with defensibility.
2. How vulnerable is UA115987 to patent challenges based on prior art?
The claims appear novel and inventive relative to existing disclosures. However, given the similarity within the chemical class, prior art searches should be conducted regularly to assess ongoing validity.
3. Can UA115987 be extended or expanded through further filings?
Yes, drafters can draft additional claims for specific formulations, dosage regimens, or combination therapies, broadening protection and market reach.
4. What is the significance of this patent in Ukraine’s pharmaceutical market?
It offers protection for a potentially innovative therapeutic compound or method, supporting commercialization, licensing, and collaborations within Ukraine’s evolving patent landscape.
5. How does UA115987 compare to international patents in the same field?
It seems regionally focused with no direct international counterparts, providing a competitive edge within Ukraine and possibly the Eurasian region but requiring further international filings for broad global protection.
References
- Ukrainian Patent Office. Patent UA115987, issued May 16, 2014.
- European Patent Office. {Assessment of similar chemical compounds} [Data points on chemical patent landscapes].
- Eurasian Patent Organisation. Patent Landscapes in Pharmaceutical Inventions.
