Today we will talk about the latest changes in Russian patent legislation and what difficulties may arise in this connection for pharmaceutical companies in Russia.
According to the changes of 01.10.2018 that are made to the Rules for drafting, filing and consideration of documents and document requirements for an application for granting a patent for an invention, approved by order of the Ministry of Economic Development of Russia of May 25, 2016 N 316
Now, “it is not allowed to characterize the composition through its features via information directly unrelated to the composition (for example, conditions and modes of using this composition in any process, method), quantitative (measured or calculated) parameter characterizing one or more properties of the composition, in cases where this parameter is the distinguishing feature in the characteristic of the composition in the independent claim of the claims (for example, the parameters of the strength of lamination, resistance to tension cracking, pharmacokinetic profile, etc.), a technical result that comes out during the manufacture or use of a composition. When characterizing a pharmaceutical composition, it is not allowed to use features related to the method of treating or preventing a disease (for example, an indication of doses, conditions or modes of use of the composition or drugs derived from it)”.
Changes took effect since December 15, 2018.
In practice, this means that the Ministry of Economic Development of Russia has decided to eradicate the patenting as inventions of already known pharmaceutical compositions or their use, namely, the patenting of methods of treatment by already known compositions. Thus, in 2019, we can expect an increased number of refusals to register patents on compositions for both national and foreign applicants.
Obviously, the recent changes are directed against patents on generic drugs, so in Russia it will now be even more difficult to protect your pharmaceutical product.
For more information, go to: https://rupto.ru/ru/documents/prikaz-minekonomrazvitiya-rossii-01102018-527
Intectica has extensive experience in filing applications for pharmaceutical compositions in Russia, we are pleased to offer our services for patent protection of your products.
Work with professionals.
Intectica is a patent research group of companies.
Keen intellect is like an art to manage capital