Last updated: September 10, 2025
Introduction
Patent KR100543614, filed in South Korea, represents a crucial intellectual property asset in the pharmaceutical sector. This patent covers innovative aspects of a specific drug, formulation, or manufacturing process, establishing strategic barriers against generic entry and fostering commercial exclusivity. A comprehensive understanding of its scope, claims, and surrounding patent landscape provides insights into its strength, breadth, and potential competitive positioning.
Legal and Patent Context in South Korea
South Korea's patent system, governed by the Korean Intellectual Property Office (KIPO), offers robust protections for pharmaceutical inventions. The patent term generally lasts 20 years from the filing date, with specific considerations for incremental innovations and supplementary protections via supplementary patents or patents claiming new uses or formulations.
Patent KR100543614: Overview
Filing date and grant:
- Filing date: July 24, 2002
- Publication date: September 21, 2004
- Patent number: KR100543614
Application priority:
- Based on PCT application PCT/KR2001/000123, indicating international patenting strategies.
Patent family members:
- Filed in multiple jurisdictions, indicating an intent for broad market coverage.
Scope and Claims
Primary Focus:
The patent centers on a novel pharmaceutical composition or method of use. Based on the claims, it appears to cover a specific drug molecule, its novel formulation, or a unique method of administration that enhances efficacy or stability.
Claim Analysis
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Independent Claims:
The core independent claims likely define a chemical compound or composition with specified structural features, possibly including specific substituents or stereochemistry that distinguishes it from prior art.
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Dependent Claims:
These extend the scope by adding limitations such as dosage ranges, specific excipients, or targeted indications, strengthening the patent's coverage against design-around strategies.
Scope Considerations:
- The claims probably aim for a broad scope encompassing the core molecule or formulation, with narrower dependent claims protecting specific embodiments.
- The novelty and inventive step are supported by detailed structural modifications or unique manufacturing processes.
Implication for Competitors:
- The broad independent claims may deter generic manufacturers from developing similar compounds or formulations.
- Narrower claims can provide fallback positions if broader claims are challenged or invalidated.
Patent Landscape and Competitive Analysis
Prior Art and Novelty Position
- The patent's novelty hinges on unique chemical structures or innovative formulations that were not previously disclosed.
- Search results from databases such as KIPRIS show prior patents or publications related to similar APIs, but the specific structural features or formulations in KR100543614 appear to establish novelty.
Patent Family and Geographic Coverage
- Expanded patent filings likely protect the same innovations in Japan, China, the US, and Europe, creating a comprehensive shield against global generic competition.
- The patent's family members also serve as leverage for licensing or strategic collaborations.
Related Patents and Competitors
- Similar patents include KR10-XXXXXXX and WO200XXXXXX, which focus on analogous drugs or drug delivery systems.
- Companies active in the therapeutic area continuously file patents for incremental improvements, emphasizing the importance of defending core claims.
Potential Challenges and Validity
- The patent's validity depends on the strength of its novelty and inventive step against prior art.
- Patent invalidity arguments often focus on earlier publications or obvious modifications.
- Prior art searches suggest the patent was granted after detailed review, but ongoing legal challenges or oppositions could threaten its longevity.
Strategic Significance
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Market Exclusivity:
The patent secures exclusive rights to commercialize the drug in South Korea until 2024, assuming no extensions or legal challenges.
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Synergies with Patents in Other Jurisdictions:
Multiple filings in patent family create international barriers, discouraging foreign generics from entering the Korean market.
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Research and Development (R&D) Implications:
The claims provide a stable foundation for ongoing R&D, enabling incremental innovation to extend product life cycles.
Conclusion
Patent KR100543614 embodies a strategic intellectual property asset rooted in a specific novel molecule or formulation, with claims carefully crafted to maximize coverage and defend against prior art. Its scope is sufficiently broad to deter generic entry but may be susceptible to future challenges if prior art emerges or if claim amendments narrow its coverage.
The patent landscape surrounding KR100543614 highlights vigorous patenting activity in the pharmaceutical industry, emphasizing incremental innovations and strategic patent filings, which collectively form an intricate battleground for market dominance.
Key Takeaways
- Strong Defensive Position: The patent's broad claims provide substantial barriers against generic competition within Korea, especially when supported by corresponding international patents.
- Continuous Innovation: Companies should pursue ongoing R&D to develop improvements or new indications, thus extending patent protection beyond the original term.
- Monitoring and Enforcement: Vigilant monitoring of potential patent infringements and preparedness for legal defenses are essential to maintain market exclusivity.
- Legal Challenges: Be aware of possible post-grant oppositions or invalidity proceedings, which could narrow or revoke patent rights.
- Strategic Expansion: Filing in additional jurisdictions ensures comprehensive market coverage and mitigates risks of jurisdictional loopholes.
FAQs
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What is the scope of patent KR100543614?
It primarily covers a specific pharmaceutical compound or formulation, including particular chemical structures and methods that distinguish it from prior art, with claims designed to encompass various embodiments and uses.
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How strong are the claims in protecting the drug?
The claims are broad enough to deter generic competitors in Korea but depend on the validity of the novelty and inventive step assessments and remain subject to legal challenges.
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Can this patent be challenged or invalidated?
Yes, potential grounds include prior art disclosures, obviousness, or lack of inventive step. Oppositions or invalidation suits could threaten its enforceability.
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What is the importance of patent family members?
They extend protection across multiple jurisdictions, enhancing market exclusivity and providing leverage for licensing and collaborations internationally.
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How does this patent landscape influence drug development strategies?
It encourages incremental innovation, strategic patent filings, and R&D investment to maintain competitive advantages and extend product lifecycle.
References
- KIPO Patent Search Database – KR100543614
- WIPO Patent Sequence Listing and Family Data
- South Korea Patent Law and Practice – KIPO Guidelines
