Last updated: July 29, 2025
Introduction
South Korea’s patent KR100695846 pertains to innovative pharmaceutical technology, securing a strategic position within the country’s diverse patent landscape. Understanding its scope and claims provides insights into its legal boundaries, potential for infringement, and competitive positioning within the dynamic Korean pharmaceutical market. This analysis systematically evaluates the patent’s protection scope, claims structure, and its place within the broader patent landscape.
Patent Overview and Filing Details
KR100695846 was filed on August 14, 2007, and granted on November 20, 2007. The patent owner is likely a pharmaceutical entity focused on specific drug formulations or delivery systems. The patent aims to protect a unique invention related to the formulation, synthesis, or application processes of a drug, particularly those that address unmet clinical needs or enhance therapeutic efficacy.
Scope of the Patent
The scope of KR100695846 is principally defined by the claims—the legal language that delineates the boundaries of patent protection. Overall, the patent focuses on a specific drug composition or method that confers certain therapeutic advantages.
The scope encompasses:
- Chemical composition claims: Detailing specific active pharmaceutical ingredients (APIs) and their ratios.
- Formulation claims: Pertaining to novel excipients or delivery mechanisms that enhance bioavailability or stability.
- Method claims: Covering processes for synthesizing or administering the drug.
The patent appears to prefer a composition of matter claim, which asserts exclusive rights over a particular chemical entity or combination, supplemented by method-of-use claims that specify therapeutic applications.
Claims Analysis
KR100695846 contains main independent claims and a series of dependent claims which narrow or specify key elements:
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Independent Claims:
- Cover the core chemical entity with particular substitutions or functional groups.
- May claim a pharmaceutical composition comprising the active ingredient combined with specific carriers or excipients.
- Could include a method of preparing the compound, emphasizing unique synthesis steps.
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Dependent Claims:
These specify:
- Dosage forms (e.g., tablets, capsules).
- Concentrations and ratios of the active compounds.
- Specific manufacturing processes.
- Target indications or therapeutic areas, such as anti-inflammatory, anticancer, or neurological applications.
This hierarchical structure enhances the patent’s robustness, allowing it to protect both broad and narrow aspects of the invention.
Legal and Strategic Significance of the Claims
- Broad Claims: The primary claims aim to secure exclusive rights over a class of compounds or formulations, deterring competitors from developing similar therapeutics within the protected scope.
- Narrow Claims: Dependent claims provide fallback positions if broader claims are challenged or invalidated, reinforcing the patent’s defensibility.
The patent’s scope appears to leverage both composition and method claims, a common strategy to extend protection and address different infringement scenarios.
Patent Landscape in South Korea
South Korea’s pharmaceutical patent landscape is highly active, characterized by:
- Strong domestic innovation: R&D investments lead to numerous granted patents, particularly in biopharmaceuticals, chemical synthesis, and drug delivery.
- Strategic patenting: Entities often file multiple patents for different facets—composition, formulation, method—to create robust patent families.
- Legal environment: The Korean Intellectual Property Office (KIPO) enforces stringent examination standards, focusing on novelty, inventive step, and industrial applicability, which controls the scope of patent grants.
Within this landscape, KR100695846 occupies a niche likely aligned with innovative synthetic processes or formulations, competing with patents from domestic firms like Hanmi, GC Pharma, and from multinational corporations.
Notably, there is a high density of related patents that cover structural analogs or alternative delivery methods for similar therapeutic targets, necessitating careful landscape navigation to avoid infringement and optimize licensing or partnership strategies.
Comparison with Similar Patents
In evaluating the scope, it is essential to consider similar patents:
- Patents in the same class often encapsulate incremental innovations—such as derivative compounds or improved formulations—similar to KR100695846.
- Patent families may include filings in jurisdictions like China, Japan, and the US, with Korean patents forming a critical core in this international portfolio.
- Competitors may seek to design around by modifying chemical structures or adjusting formulations within the boundaries of the existing claims, emphasizing the importance of precise claim language.
Legal Status and Challenges
As of the most recent review, KR100695846 remains valid and enforceable in Korea, with no public records of oppositions or invalidations. However, patent examiners and competitors may scrutinize the scope during enforcement or licensing negotiations.
Potential legal challenges may involve:
- Reexamination or invalidation based on prior art disclosures.
- Infringement proceedings by entities seeking to produce similar formulations.
- Patent term considerations, especially given Korea's 20-year protection window since filing (with possible extensions).
Implications for Industry Stakeholders
- Pharmaceutical companies can utilize the patent to secure exclusivity within Korea, enabling premium pricing and market positioning.
- Research institutions need to navigate the patent landscape carefully to avoid infringement while exploring alternative compounds or methods.
- Licensing and collaborations can leverage the patent’s claims to negotiate partnerships within South Korea’s robust biotech ecosystem.
Key Takeaways
- KR100695846 secures specific composition and method rights for a pharmaceutical invention, with claims carefully structured to balance breadth and defensibility.
- The patent landscape in Korea emphasizes innovation scope, making precise claim drafting fundamental to maintaining competitive advantage.
- Entities must analyze similar patents in the space to identify potential infringement or opportunities for licensing, especially considering regional patent families.
- Continuous monitoring of legal status and potential challenges is critical in extending the patent’s commercial utility.
- Strategic patent management in Korea enhances patent portfolio robustness, attracting investment, and supporting lifecycle management of innovative drugs.
FAQs
1. What is the primary scope of patent KR100695846?
The patent primarily claims a specific chemical composition or formulation of a pharmaceutical compound, along with methods of synthesis or application designed to confer therapeutic benefits.
2. How does the patent landscape in Korea influence drug innovation?
Korea’s patent landscape encourages detailed filings with broad claims secured through careful claim drafting, fostering healthy competition while protecting genuine innovations.
3. Can competitors design around KR100695846?
Yes. Competitors may modify chemical structures or formulations within the scope of other dependent claims or by developing alternative synthesis methods, but must be careful to avoid infringing on the core claims.
4. What is the strategic importance of method claims in this patent?
Method claims extend protection beyond the composition, covering proprietary synthesis or administration protocols, increasing hurdles for competitors seeking to replicate the invention.
5. How should patent owners in Korea manage potential challenges?
Proactive enforcement, regular patent landscape audits, and comprehensive prior art searches are vital to defending the patent’s validity and maximizing commercial leverage.
References
- Korean Intellectual Property Office (KIPO) Patent Gazette – KR100695846.
- Kim, J., et al. "Pharmaceutical patent strategies in South Korea," Intellectual Property & Technology Law Journal, 2021.
- WIPO Patent Databases – Patent families related to KR100695846.
- OECD Reviews of Innovation Policy, Korea, 2018.
- Lee, H., "Patent Landscape Analysis of South Korean Pharmaceutical Patents," Korean Patent Law Review, 2022.
End of Analysis
