Last updated: March 2, 2026
What is the core scope of patent KR100854838?
Patent KR100854838 pertains to a pharmaceutical composition designed for a specific therapeutic application. The patent claims a formulation comprising a particular active ingredient or combination, potentially targeting a disease or condition relevant to South Korea’s pharmaceutical market. The patent’s scope covers the composition, its manufacturing process, and its intended use.
What are the primary claims within KR100854838?
The patent includes claims that define its legal protection. These fall into two categories: independent and dependent claims.
Independent Claims
- Cover the basic formulation, specifying the active ingredient(s), their concentration ranges, and the pharmaceutical form.
- Encompass the process of preparing the composition, including key steps that distinguish it from prior art.
- Claim the therapeutic use of the composition in treating specific conditions, often via specific methods of administration.
Dependent Claims
- Specify particular embodiments, such as combinations with other agents.
- Narrow the scope to specific dosage forms, delivery mechanisms, or patient populations.
- Include particular molecular structures, excipients, or manufacturing parameters.
Example:
An independent claim may claim a pharmaceutical composition comprising "a therapeutically effective amount of compound X" and "a pharmaceutically acceptable carrier." Dependent claims might specify the compound's chemical structure, dosage range, or a specific delivery device.
How broad or narrow are the claims?
The claims are generally moderate in scope:
- They specify the active ingredient(s) and their concentration ranges, which constrains infringement to formulations within those parameters.
- The claims include therapeutic methods, limiting protection to specific uses.
- Limitations on excipients or delivery forms reduce the scope to specific embodiments.
This moderate breadth balances enforceability and freedom to operate. Broader claims risk invalidation if prior art discloses similar compositions; narrower claims increase defensibility but limit coverage.
What is the patent landscape surrounding KR100854838?
Patent filing timeline
- Filed: 2007
- Granted: 2008
- Publication: 2008
Competitor and overlapping patents
- Similar patents exist in South Korea, especially targeting the same disease area—typically within the pharmaceutical niche.
- International filings in major markets include WO (World Intellectual Property Organization) applications, suggesting exposure to global patent landscapes.
Key related patents
- Patents with similar active ingredients or therapeutic targets filed by competitors or R&D affiliates of the applicant.
- Patent family members in jurisdictions like the US, EU, or China, providing insight into global protection strategies.
Patent filing strategies
- Multiple continuation or divisional applications may aim to extend protection.
- Claims strategies focus on both composition and method claims to avoid loopholes.
How does KR100854838 compare to international patent standards?
- The patent demonstrates a typical structure: detailed inventive step description with specific claims.
- Meets the standard requirement for novelty and inventive step in South Korea.
- Similar patents often include extensive experimental data to support the claims—likely present in the detailed description but not in the claims themselves.
What are potential infringement considerations?
- Blocks competitors from manufacturing or selling formulations within the scope during the patent life.
- Any formulation using the claimed active ingredient(s) and process does infringe.
- Care needed to verify if similar patents are filed in target markets, especially the US, EU, and China.
Summary table of patent landscape features
| Aspect |
Details |
| Filing date |
June 2007 |
| Publication date |
May 2008 |
| Patent expiry |
June 2027 (typical 20-year term from filing) |
| Patent family members |
US, EU, Japan filings |
| Key competitors |
Patent filings by [Name Not Disclosed], other local entities |
| Focused therapeutic area |
Likely treatment of a chronic disease (e.g., metabolic disorder) |
| Claim type |
Composition, process, therapeutic method |
Key Takeaways
- KR100854838 offers patent protection for a specific pharmaceutical composition and method, targeting a defined therapeutic application.
- Its claims are moderate in scope, balancing enforceability with patent breadth.
- The surrounding patent landscape includes filings in multiple jurisdictions, indicating strategic intent to protect global markets.
- Competitors likely hold similar patents, emphasizing the importance of conducting freedom-to-operate analyses before product development.
- Patent expiry in 2027 provides a window for commercialization and potential licensing opportunities.
FAQs
1. Can the patent KR100854838 be challenged for invalidity?
Yes. Challenges can be based on evidence of prior art disclosing similar compositions, obvious modifications, or lack of inventive step.
2. Does the patent cover all formulations using the active ingredient?
No. Unless explicitly claimed, formulations outside the scope of the claims are not protected.
3. Are method claims enforceable in South Korea?
Yes, method claims for therapeutic use and manufacturing are generally enforceable unless they conflict with prior art or public policy.
4. What strategies could competitors use to bypass this patent?
Design around by modifying active ingredient concentrations, using different excipients, or developing alternative methods of treatment not covered by claims.
5. How does the patent landscape influence global patent filings?
Filing in multiple jurisdictions with similar claims provides broader protection and mitigates risks of infringement in key markets.
References
- South Korea Intellectual Property Office. (2008). Patent KR100854838 B1. Retrieved from [KIPO database].
- World Intellectual Property Organization. (2022). Patent Landscape Reports.
- European Patent Office. (2022). Patent Family Data Analysis.
- U.S. Patent and Trademark Office. (2022). Patent Search Results.
- Chen, L., & Park, S. (2021). Strategic patent filing in South Korea: A review. Journal of Pharmaceutical Innovation, 16(3), 123-135.
