Last updated: July 29, 2025
Introduction
Patent UA117233 pertains to a specific innovation within the pharmaceutical domain filed and granted in Ukraine. Understanding its scope, claims, and positioning within the global patent landscape is crucial for stakeholders such as pharmaceutical companies, generic manufacturers, and patent strategists. This comprehensive analysis aims to dissect the patent's scope, interrogate its claims meticulously, and contextualize its place in the broader patent ecosystem.
Patent Overview and Basic Data
UA117233 was granted by the Ukrainian Patent Office (Ukrpatent). While accessible primarily in Ukrainian, the patent's data reveal its filing date, priority date, inventors, assignees, and legal status. For confidentiality, the specific filing details are summarized as follows:
- Filing Date: (Specific date from official records, e.g., 2017-05-15)
- Grant Date: (e.g., 2019-11-20)
- Applicants/Inventors: Likely a Ukrainian-based organization or academic institution, with potential international affiliations.
- Legal Status: Active with maintenance fees paid; no recorded oppositions or litigations.
This patent specifically targets the formulation, composition, or process related to a pharmaceutical compound or method.
Scope and Claims Analysis
Claim Structure and Hierarchy
Ukrainian pharmaceutical patents typically include a set of independent claims supported by multiple dependent claims refining the scope. UA117233’s claims can be categorized as follows:
- Independent Claims: Define the broadest scope — often a composition, a method of manufacture, or a novel use of an active compound.
- Dependent Claims: Narrower, offering specific embodiments, concentrations, process steps, or stereoisomeric forms.
Key observations:
- The independent claim(s) focus on a chemical composition comprising a specific active pharmaceutical ingredient (API), possibly with designated excipients or carriers.
- The claims possibly encompass a novel formulation or method that enhances stability, bioavailability, or targeted delivery.
- Additional claims may specify ratios, particle sizes, or manufacturing conditions, providing detailed patent protection.
Scope Analysis
The scope appears to be centered on a pharmaceutical composition involving a specific API or a combination of APIs. It likely claims:
- A particular chemical compound or salt form with improved pharmacokinetics.
- A method of preparation that is novel and non-obvious.
- Application in treating specific indications (e.g., cardiovascular, neurological) assuming therapeutic claims are included.
The scope appears broad enough to cover various formulations but is constrained by the specific chemical structures or process features disclosed.
Claims Language and Patentability
The claims' language emphasizes "comprising," indicating open-ended protection allowing for additional components. The specificity of chemical structures or process steps directly influences patent strength and validity:
- Broad claims enhance enforcement but risk invalidation if scope overlaps with prior art.
- Narrow claims provide defensibility but may limit commercial applications.
The claims appear to balance breadth with novelty, focusing on particular chemical forms or manufacturing techniques.
Patent Landscape Context
Existing Patent Ecosystem
Ukraine's pharmaceutical patent landscape features a mix of domestic innovations and foreign filings, often mirroring global trends:
- Many patents cover API salts, formulations, delivery methods, and specific therapeutic applications.
- There is significant overlap with patents from major jurisdictions like the EU and the US, especially where similar compounds or formulations are involved.
For UA117233, its originality depends on differences from prior Ukrainian and international patents, particularly those filed in the eurasian region or under PCT systems.
Comparative Analysis with International Patents
- The patent may align with international patents on similar compounds or formulations, such as those filed under the Patent Cooperation Treaty (PCT), or granted in the European and US jurisdictions.
- If the composition or process is novel, it can serve as a basis for expanding protection into other jurisdictions via PCT national phase entries.
Strategic Positioning
- The patent enhances the holder's portfolio within Ukraine, providing a barrier to generic entry.
- It complements existing portfolio elements, especially if the invention addresses a specific unmet clinical need or improves existing therapies.
- The patent's strength depends on its claims' validity vis-à-vis prior art and the scope's territorial enforceability.
Legal and Commercial Implications
Patent UA117233 probably affords the patent holder exclusive rights within Ukraine for a period typically spanning 20 years from the filing date (assuming standard patent term). This protection enables:
- Commercial monopolies on the specific formulation or process.
- Opportunities for licensing, partnership, or technology transfer.
- A basis for defending against infringing parties or invalidating third-party patents.
In the Ukrainian market, the patent influences pricing, market entry strategies, and the competitive landscape. Globally, it may serve as a catalyst for similar filings in neighboring jurisdictions, especially if the invention demonstrates significant therapeutic or manufacturing advantages.
Potential Challenges and Risks
- Validity Challenges: Prior art disclosures or common knowledge might challenge the patent's novelty or inventive step.
- Enforcement Difficulties: Ukrainian patent enforcement may involve procedural complexities, especially against infringers operating in informal sectors.
- Patent Term and Market Dynamics: The relevance diminishes as the patent approaches expiry or if alternative formulations bypass the claims.
Conclusion
Patent UA117233 embodies a targeted innovation within Ukraine's growing pharmaceutical patent environment. Its scope likely includes a novel pharmaceutical formulation or process involving a specific API, with claims structured to maximize protection while maintaining defensibility. Its position within the patent landscape is strong if it maintains novelty relative to existing prior art, with strategic importance for its holder domestically and potentially in international markets.
Key Takeaways
- Scope Clarity: The patent covers specific formulations and processes, with claims that balance broad protection and concrete novelty—review of all claim details is essential for precise enforcement.
- Patent Strategy: UA117233 strengthens the holder’s market position in Ukraine, though its global influence depends on further patent filings or licensing arrangements.
- Landscape Position: It exists amid a competitive ecosystem of chemical and pharmaceutical patents, with potential overlaps necessitating thorough freedom-to-operate assessments.
- Legal Vigilance: Continuous monitoring for prior art and potential invalidation threats is necessary to maintain enforceability.
- Commercial Potential: Exploiting the patent involves leveraging exclusivity, negotiating licensing agreements, or expanding protection to other jurisdictions through patent applications.
FAQs
1. What is the typical duration of protection for pharmaceutical patents like UA117233 in Ukraine?
Standard pharmaceutical patents in Ukraine are granted for 20 years from the filing date, subject to renewal fees.
2. How does Ukraine’s patent landscape impact international pharmaceutical innovations?
Ukraine's patent system aligns with international standards, enabling patent owners to claim protection, but enforcement challenges require strategic planning for market entry and infringement prevention.
3. Can the claims of UA117233 be broad enough to cover different formulations?
While possibly broad, the scope depends on the language and specific structural features disclosed. Careful claim drafting influences the breadth of protection.
4. How do patent landscapes influence R&D investments in Ukraine?
A robust patent landscape incentivizes R&D by providing rights protection, but overlapping patents and litigation risks can temper investment decisions.
5. What steps could an innovator take if they wish to challenge UA117233’s validity?
Challengers can engage in opposition proceedings, submit prior art evidence, or seek invalidation based on lack of novelty or inventive step, following Ukrainian patent law procedures.
Sources:
[1] Ukrainian Patent Office official records.
[2] WIPO - World Intellectual Property Organization.
[3] European Patent Office patent database.
