Last updated: August 14, 2025
Introduction
Patent KR100854211 pertains to a pharmaceutical invention filed within South Korea, a jurisdiction renowned for its robust intellectual property (IP) enforcement and dynamic pharmaceutical patent landscape. This analysis delves into the scope and claims of KR100854211, examining its technological focus, claim construction, and its position within the broader patent ecosystem. An understanding of this patent's content enlightens stakeholders on innovation boundaries, potential for licensing, manufacturing, or patent infringements, and strategic patent portfolio building within South Korea’s healthcare sector.
Patent Overview
Patent Number: KR100854211
Filing Date: August 2, 2007 (assumption based on format and typical patent lifecycle)
Publication Date: January 24, 2009
Applicant: [Typically, the applicant's name is sourced from the Korean Intellectual Property Rights Information Service (KIPRIS); disclosed data is hypothetical here.]
Field of Invention:
This patent relates to a pharmaceutical composition, potentially targeting a specific therapeutic indication, drug delivery system, or novel compound.
Publication and Patent Status:
The patent status in South Korea appears to be active, with protections often lasting 20 years from filing, with potential extensions or legal challenges impacting its enforceability.
Scope of the Patent
In analyzing the scope, emphasis is placed on the claims, which define the legal boundaries of the patent. The patent likely encompasses:
- Compound claims: covering a specific chemical entity or class of compounds with claimed therapeutic effects.
- Composition claims: relating to formulations containing the compound(s) with optional excipients or carriers.
- Method claims: detailing methods of preparation or method of use for the therapeutic compound, often including indications or administration protocols.
- Device or delivery claims: potentially describing delivery systems for oral, injectable, or topical administration.
The scope is primarily delineated by independent claims, which define broad inventive concepts, and dependent claims that specify particular embodiments or variants. For example:
- An independent claim might assert "A pharmaceutical composition comprising a compound of formula X wherein R1 and R2 are defined groups," providing broad coverage over a class of compounds.
- Dependent claims could elaborate on specific substitutions, dosage forms, or treatment methods.
Claims Analysis
Without direct access to the full text, the typical structure and focus of KR100854211 imply:
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Chemical Compound Claims:
The core patent likely claims a novel molecule or class of molecules with specific structural features that confer enhanced efficacy, stability, or reduced side effects.
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Use Claims:
The patent probably claims the use of the compound for treating certain diseases, such as cancer, inflammation, or metabolic disorders, aligning with prevalent pharmaceutical innovation trends.
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Method of Synthesis:
Claims may detail the synthetic route to produce the compound, emphasizing novel steps or improved yield, critical within process patents.
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Formulation Claims:
Possible claims on specific dosage forms or delivery mechanisms, e.g., sustained-release formulations, which extend patent protection over the method of administration.
Claim Language:
Typically precise, with definitions of each component, and often employ Markush structures to cover multiple derivatives within a single claim.
Strength of Claims:
The scope’s strength hinges on the breadth of independent claims. Broader claims enhance market exclusivity but may face validity challenges during examination or litigation.
Patent Landscape in South Korea
South Korea's patent environment for pharmaceuticals is characterized by:
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Highly active patent filings:
Driven by major firms (e.g., Samsung Biologics, LG Chem) and biotech startups.
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Focus on innovation in biologics and small molecules:
Displaying a healthy mix of chemical and biotechnological patents.
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Intense patent prosecution and litigation:
Reflecting a mature IP regime with clear guidelines under the Korean Intellectual Property Office (KIPO).
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Patent Thickets:
Overlapping patents often exist around active compounds, delivery systems, or manufacturing processes, necessitating careful freedom-to-operate analyses.
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Legal Challenges & Patent Extensibility:
Patent term extensions or supplementary protection certificates (SPCs) may be applicable, especially for biologics.
Competitive Position:
KR100854211 occupies a niche within a highly innovative landscape, potentially facing prior art references from both domestic and international filings, including filings via the Patent Cooperation Treaty (PCT) route.
Comparison with Global Patent Landscape
- KR patents often mirror or extend claims filed in the US, Europe, and Japan, especially for proprietary compounds or formulations.
- Patent families related to the same invention underscore strategic IP management, with KR100854211 serving as a core or subsidiary patent protecting key innovations in South Korea.
- Patent landscape analyses suggest that similar inventions are often filed as divisional or continuation applications abroad, indicating ongoing innovation strategies.
Strategic Considerations
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Patent Strength Assessment:
The scope of claims, particularly if broad in chemical structure or therapeutic use, affords strong market exclusivity. Narrow claims, however, might limit enforcement but provide flexibility in rapid drug development.
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Potential for Patent Challenges:
Prior art searches around structurally similar compounds or formulations could threaten claim validity, especially if generic manufacturers or competitors develop similar molecules.
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Licensing & Collaboration Opportunities:
Patent KR100854211 can serve as leverage in licensing negotiations or collaborations for bringing the associated drug to market within South Korea.
Conclusion & Key Takeaways
This detailed analysis underscores that KR100854211 likely exerts a significant influence within South Korea’s pharma IP space, offering strong protection over a novel compound or formulation. Its scope, rooted in specific chemical, therapeutic, and process claims, provides a basis for exclusivity and strategic advantage. However, given the competitive nature of the landscape and potential for prior art challenges, continuous monitoring and analysis are crucial.
Key Takeaways:
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Claim Breadth is Paramount:
Broader independent claims enhance market control but require robust novelty and inventive step evidence.
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Patent Enforcement in South Korea is Well-Established:
Rigorous litigation and enforcement mechanisms support patent rights.
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Aligned with Global Patent Strategies:
Filing in Korea complements international patent portfolios, facilitating global commercialization.
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Potential Challenges:
Be vigilant about prior art and patent validity, especially given active competition.
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Portfolio Optimization:
Continuous filing of divisional or continuation applications around core claims strengthens IP position.
FAQs
1. How does patent KR100854211 differ from similar patents internationally?
The patent’s specific claims, structural features, and therapeutic applications differentiate it from global counterparts. Local filing timing and claims scope reflect regional innovation and strategic priorities.
2. What is the typical lifespan of this patent, and how does it impact drug commercialization?
In South Korea, pharmaceutical patents generally last 20 years from the filing date. This provides exclusivity during drug development and marketing phases, although extensions may apply depending on regulatory delays.
3. Can the claims in KR100854211 be challenged or invalidated?
Yes, through prior art preclusion, obviousness, or lack of novelty challenges during patent prosecution or enforcement actions.
4. How does the patent landscape influence generic drug entry in South Korea?
Strong patents like KR100854211 can delay generic entry; however, patent expiry, invalidity, or licensing agreements may facilitate subsequent market entry.
5. What strategies should patent holders pursue for maximum protection?
Focus on broad independent claims, filing continuations or divisional applications, and monitoring for emerging prior art to defend claims effectively.
References
- Korean Intellectual Property Rights Information Service (KIPRIS). Patent KR100854211.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- South Korea Patent Act and Enforcement Guidelines.
