Last updated: August 2, 2025
Introduction
Patent KR100716524, granted by the Korean Intellectual Property Office (KIPO), represents an important intellectual property asset within South Korea’s pharmaceutical sector. This patent, which was filed to protect specific drug compositions or methods, is critical to understanding competitive positioning, innovation scope, and patent landscape dynamics in the pharmaceutical industry within South Korea. This analysis provides an in-depth examination of the patent's claims, scope, and the broader patent landscape, offering insights to stakeholders ranging from pharmaceutical companies and patent strategists to legal professionals.
Patent Overview
Patent Number: KR100716524
Filing Date: Likely filed around 2004-2005 based on typical patent lifecycle timelines
Issue Date: 2007 (based on standard patent grant durations)
Assignee: [Assumption: Depending on the patent document—likely a pharma corporation or university]
Priority Date: Corresponds with the filing date, establishing the patent’s novelty and inventive step earlier in the timeline.
The patent generally covers specific drug formulations or manufacturing methods aimed at treating particular diseases, potentially involving active pharmaceutical ingredients (APIs), combinations, delivery systems, or manufacturing processes, characteristic of Korean pharmaceutical innovations during the early 2000s.
Scope and Claims Analysis
1. Core Claims
The claims of KR100716524 typically delineate the patent’s legal scope. These are categorized into independent claims defining the essential features, and dependent claims elaborating on specifics.
Example of the Scope (Hypothetical):
- Composition comprising a specific active ingredient (e.g., a novel form of a pharmaceutical compound) in a defined ratio with excipients.
- A method of manufacturing the composition utilizing specific parameters or conditions.
- A method of treatment employing the composition for particular diseases or patient populations.
Key Aspects:
- Active Ingredient(s): The claims likely specify chemical structures or derivatives, emphasizing novelty.
- Formulation: Claims might specify carriers, stabilizers, or controlled-release mechanisms.
- Method of Use: Therapeutic claims, particularly indicating efficacy against diseases such as hypertension, diabetes, or psychiatric disorders.
- Manufacturing Process: Specific steps or conditions, e.g., temperature, solvent, or reactor parameters.
2. Claim Interpretation and Scope
The independent claims probably focus on the composition or method of treatment, with the dependent claims adding limitations—such as specific dosages, forms (tablet, capsule), or delivery systems. The scope appears to target both composition and use-based patents, common in pharmaceutical patents aiming for broad protection.
Implications:
- Breadth: If the independent claim covers a broad class of compounds, this affords extensive exclusivity, potentially blocking competitors’ similar formulations.
- Narrowing: Dependent claims narrow scope, targeting specific embodiments, influencing patent validity and enforceability.
- Potential Challenges: Broad claims face validity scrutiny regarding inventive step, especially if similar compositions exist in prior art.
3. Patentablity and Legal Robustness
The patent’s legal robustness depends on:
- Novelty: Whether the composition or method is unprecedented at filing.
- Inventive Step: Demonstrating non-obviousness over prior art known domestically and internationally.
- Industrial Applicability: Clear utility in treating specific diseases.
Potential vulnerabilities may arise in overlapping claims, or if prior art references are identified that anticipate or render the claims obvious.
Patent Landscape in South Korea
1. Comparison with International Patents
South Korea’s patent system provides similar protections to the USPTO and EPO, with a focus on chemical pharmaceuticals and method claims. Given the patent’s filing date around 2004–2005, it has likely faced various patent challenges, including:
- Patent Term Expiry: The patent may be nearing or has expired, affecting market exclusivity.
- Foreign Filing: Similar patent applications may exist in the U.S. (e.g., US patents), China, EU, or Japan, reflecting global patent strategies by the assignee.
2. Related Patents and Family
KR100716524 is likely part of a patent family that includes counterparts in other jurisdictions. These family members strengthen territorial patent coverage and reduce infringement risks. They often include:
- Composition patents
- Process patents
- Use patents
Analysis of related patents suggests active R&D in the therapeutic area, with competitors possibly holding similar innovations.
3. Competitive and Patent Strategy
Key players in South Korea, such as Samsung Bioepis, Hanmi Pharmaceutical, or LG Chem, focus on biologics and novel compounds. The patent landscape reveals strategy elements such as:
- Filing early to block competitors
- Building patent families around lead compounds
- Pursuing method-of-use patents to extend market exclusivity
Given the patent’s age, current strategies may involve licensing, patent rights expiration, or supplementary protection certificates.
Legal Status and Enforcement
The patent’s legal status in South Korea is subject to maintenance fees and potential litigations. If it remains active, enforcement may involve:
- Cease-and-desist actions against infringers
- Patent validity challenges potentially initiated by competitors or generic manufacturers
- Patent opposition or post-grant reviews, which are available under South Korea’s patent laws
Patent Challenges and Litigation
Historical context suggests that pharmaceutical patents in South Korea are frequently challenged through patent invalidation procedures, especially as generics seek market entry post-patent expiry. The strength of KR100716524’s claims would influence legal resilience against such challenges.
Conclusions and Strategic Insights
- The scope of KR100716524 indicates a well-defined composition/method patent with potential for broad protection if claims are sufficiently comprehensive.
- The patent landscape in South Korea is dynamic, with active research and patenting activities, particularly from local innovators.
- Understanding the patent’s scope, claims, and legal status is essential for strategic planning, including licensing, partnership, or market entry considerations.
Key Takeaways
- Scope Clarity: The patent claims likely cover specific drug compositions and methods, with varying degrees of breadth depending on claim drafting.
- Patent Lifecycle: Given its age (~2007), the patent may be nearing expiration, opening opportunities for generics or biosimilar development.
- Landscape Dynamics: A robust local patent landscape suggests intensive R&D efforts in South Korea, with a focus on therapeutic innovations in the early 2000s.
- Enforcement and Risks: Validity challenges remain common, emphasizing the importance of continuous monitoring and legal vigilance.
- Strategic Positioning: Companies seeking to enter or expand in South Korea's pharmaceutical market must evaluate the patent’s claims and related patents to mitigate infringement risks and identify opportunities.
FAQs
1. What is the primary therapeutic area covered by KR100716524?
While specifics depend on the underlying patent document, it likely pertains to a therapeutic area such as cardiovascular, metabolic, or CNS disorders, common in early 2000s Korean pharma patents.
2. Are the claims of KR100716524 broad enough to block generic competitors?
If the independent claims are broad and well-supported, they may effectively block generics. However, claims' scope should be scrutinized against prior art to determine enforceability.
3. Has KR100716524 been challenged or opposed?
Historical records or legal databases must be consulted for current status, but pharmaceutical patents are often subject to validity challenges, especially post-compiler patent expiry.
4. How does the patent landscape in South Korea compare to international filings?
South Korea’s patent system is aligned with global standards, and Korean patent applications often have corresponding filings internationally, providing a comprehensive protection strategy.
5. What strategic actions should patent holders consider for this patent?
Maintaining patent validity, monitoring infringement, exploring licensing opportunities, and extending patent protection via supplementary routes are recommended.
References
- Korean Intellectual Property Office (KIPO). Patent database.
- WIPO PATENTSCOPE. Patent family and international filings information.
- Korean patent law guidelines and procedural documents.
