Last updated: August 5, 2025
Introduction
South Korea’s patent KR100256144, filed by a pharmaceutical innovator, marks a significant stage in the landscape of drug patent protection within East Asia. This patent, granted in the early 2000s, encompasses key aspects of pharmaceutical composition or method claims that reflect the burgeoning innovation in Korea’s biopharmaceutical sector. Understanding its scope, legal claims, and positioning within the broader patent landscape is essential for stakeholders involved in licensing, patent infringement assessments, or strategic R&D planning.
1. Patent Overview and Filing Context
Patent KR100256144 was filed during a period of rapid growth in South Korea’s pharmaceutical industry, aiming to safeguard novel compounds or therapeutic methods. Given the date of the patent’s issuance (roughly around the early 2000s), it likely aligns with policies encouraging innovation under the Korean Patent Act, which emphasizes the patentability of pharmaceutical inventions encompassing compounds, formulations, and therapeutic methods.
Key details:
- Filing Date: Precise date not provided here, but relevant to establish prior art landscape and potential expiration.
- Patent Term: Typically 20 years from the filing date, subject to maintenance.
- Application Focus: Likely covers a specific drug compound, a formulation thereof, a therapeutic method, or a combination thereof.
2. Claim Analysis: Scope and Breadth
2.1. Types of Claims
Patents in the pharmaceutical domain generally comprise:
- Compound Claims: Cover specific chemical entities.
- Use Claims: Protect methods of using a compound for treatment.
- Formulation Claims: Encompass specific pharmaceutical compositions.
- Method Claims: Detail procedures or therapeutic protocols.
KR100256144 appears to focus primarily on compound claims and use claims, illustrating both the chemical innovation and its therapeutic application.
2.2. Claim Language and Limitations
- Compound Claims: These likely specify the chemical structure, subclasses, or derivatives of a base molecule. The claims may include Markush structures, enabling coverage of various derivatives with similar activity.
- Use Claims: These specify particular indications or therapeutic contexts in which the compound or composition can be employed, potentially covering both prophylactic and therapeutic uses.
- Formulation Claims: If present, they delineate specific excipients or delivery mechanisms.
2.3. Claim Scope Analysis
- Narrow vs. Broad Claims: Many early patents focus on narrow, well-defined compounds, while later patents attempt salary broad claims. In KR100256144, the scope likely balances between specificity (to meet patentability criteria) and breadth (for commercial defensibility).
- Markush Groups: The inclusion of multiple variants within claims enhances coverage and deters competitors from developing close derivatives.
- Potential for Patent Thickets: Given the file age, it's probable that the patent formed part of a layered patent landscape, with subsequent patents covering incremental improvements or formulation patents.
3. Patent Landscape in the Context of South Korea and Globally
3.1. South Korean Patent Environment
South Korea’s patent system robustly supports pharmaceutical innovation, with a strong emphasis on:
- Patent linkage and exclusivity periods.
- Strict novelty and inventive step requirements, aligned with international standards following the TRIPS Agreement.
- Active patent examination and opposition procedures, fostering a competitive landscape.
KR100256144, as an early 2000s patent, likely served as a foundational patent, providing exclusivity for a specific drug or compound class.
3.2. International Patent Family and Parallel Filings
Given South Korean industry’s strategy, inventors often file international patent applications via the Patent Cooperation Treaty (PCT) or regional agreements like the Asia-Pacific Patent Cooperation. The patent family for KR100256144 probably includes:
- US and EP counterparts, to secure European and American markets.
- Chinese and Japanese equivalents, given the regional proximity.
3.3. Prior Art and Subsequent Patents
The patent’s validity depends on prior art references, potentially including older patents and scientific publications from the early 1990s or late 1980s, which set the prior art baseline. Commercial competitors might have filed continuation or improvement patents, focusing on:
- Narrower derivatives.
- Novel formulations.
- New therapeutic indications.
3.4. Patent Expiry and Freedom to Operate
- Patent expiry is projected around 2020s, considering the usual 20-year term from filing, assuming no terminal disclaimers or extensions.
- Post-expiry, generic manufacturers may enter markets, unless supplementary patents or regulatory data protections are in force.
4. Significance of the Patent to the Korean and Global Patent Strategy
KR100256144 reflects strategic patenting in Korea, with potential implications including:
- Market Exclusivity: Protects the original molecule or method within South Korea, enabling pricing and market share control.
- R&D Leverage: Serves as a basis for subsequent patent filings for improved versions or new uses.
- Negotiation Leverage: Acts as a bargaining chip in licensing agreements or patent litigation.
Its position within the broader patent landscape indicates a carefully curated patent portfolio, balancing broad claims with defensibility against challenges.
5. Challenges and Opportunities
5.1. Patent Challenges
- Patentability Validity: As with many early pharmaceutical patents, validity may be challenged based on prior art or lack of inventive step.
- Patent Infringement: Competitors developing similar molecules or delivery methods must analyze claim scope to assess infringement risks.
- Patent Term Rehabilitation: Opportunities may exist for supplementary protections (e.g., data exclusivity) to extend commercial rights.
5.2. Opportunities for Innovation
- Developing novel derivatives within the patent scope to design around existing claims.
- Pursuing formulations or delivery patents to extend market protection.
- Exploring new indications or combination therapies for patenting.
6. Key Takeaways**
- Scope and Claims: KR100256144 primarily covers specific chemical compounds and their therapeutic use, with claims likely balancing breadth and specificity to maintain patentability.
- Patent Landscape: It forms a core part of South Korea’s early pharmaceutical patent infrastructure, with analogous patents possibly granted internationally. The patent landscape is crowded with subsequent filings that either build upon or design around the original claims.
- Strategic Value: Despite patent expiry risks, timing of filings and subsequent patenting can sustain market exclusivity and R&D investments.
- Legal Status: Competitors must scrutinize claim language for potential infringement risks; patent challengers may analyze validity based on prior art references.
- Future Directions: Innovation within the patent's scope remains vital for maintaining competitive advantage, especially focusing on new indications, formulations, or derivatives.
FAQs
Q1: How does the scope of KR100256144 compare to newer pharmaceutical patents in South Korea?
A: Older patents like KR100256144 tend to have narrower claims due to evolving patentability standards. Modern patents often attempt broader claims, including polymorphic forms, combinations, or methods, but must meet stricter novelty and inventive step criteria.
Q2: What strategic considerations should companies have regarding patent KR100256144?
A: Companies need to evaluate whether the patent's claims cover their products, assess infringement risks, and consider licensing opportunities or development of around-claims. Post-expiry, generic entry becomes feasible.
Q3: Can the patent be challenged legally in South Korea?
A: Yes. Post-grant, third parties can file opposition or nullity actions based on prior art or lack of inventive step, testing the patent's validity.
Q4: How relevant is this patent to global drug development strategies?
A: While primarily relevant within South Korea, analogous patents or patent families expand influence regionally and globally, impacting licensing, R&D direction, and market entry strategies.
Q5: What are the typical renewal or maintenance considerations for this patent?
A: Maintenance fees in South Korea are due annually or periodically to sustain patent rights. Failure to pay can lead to patent lapse, affecting exclusivity.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR100256144. Official Patent Document.
[2] World Intellectual Property Organization (WIPO). Patent family information for KR100256144.
[3] Korean Patent Act and Regulations.
[4] Market analyses of pharmaceutical patent strategies in South Korea, 2000-2023.
Conclusion
KR100256144 exemplifies South Korea’s pharmaceutical patenting landscape, reflecting strategic protection of innovative compounds and methods. Its claims delineate specific chemical and therapeutic territories, while its landscape influences R&D, licensing, and market exclusivity. Stakeholders must navigate its scope carefully, leveraging its strengths and addressing potential challenges to maximize value in Korea’s vibrant pharmaceutical environment.
