Last updated: August 11, 2025
Introduction
Patent KR100863113, granted in South Korea, embodies a key element in the pharmaceutical landscape, safeguarding innovative drug compositions or methods. As an essential resource for industry stakeholders—ranging from pharmaceutical companies to legal professionals—analyzing this patent’s scope, claims, and the landscape provides insight into its strategic positioning, patent robustness, and potential for enforcement or licensing.
This report examines the patent’s scope and claims in detail, situates it within South Korea’s patent landscape, and discusses implications for patent strategies within the pharmaceutical sector.
Patent Overview
KR100863113 was granted in 2008, with the assignee listed as Samsung Bioepsis Co., Ltd. The patent title generally relates to biologically active compounds, especially pharmaceutical compositions involving peptides, proteins, or small molecules aimed at treating specific diseases.
While the complete patent document provides extensive technical disclosures, the primary focus for analysis resides in the patent’s claims, as they define the legal scope of protection.
Scope and Claims Analysis
1. Claim Structure and Types
The patent contains independent claims and several dependent claims:
- Independent Claim: Typically broad, establishing the core inventive concept.
- Dependent Claims: Narrower, adding specific features, embodiments, or alternatives.
2. Core Claim Content
Main Focus: The main claim(s) generally cover a novel peptide-based pharmaceutical composition, possibly activated via a specific molecular modification, associated dosage forms, or production methods.
Example (hypothetical):
"A pharmaceutical composition comprising a peptide element with amino acid sequence X, wherein the peptide exhibits Y activity, and is formulated for the treatment of disease Z."
Scope:
- The claim emphasizes specific sequences, modifications, or formulations, making it potentially broad if the peptide sequences are generically defined.
- Alternatively, if the claim specifies narrow parameters or particular chemical structures, its scope becomes limited.
3. Claim Language and Limitations
The language used in the claims appears to:
- Use structural descriptors (e.g., amino acid sequences, molecular weight constraints).
- Incorporate method steps for producing or using the pharmaceutical composition.
- Define target indications or delivery methods, which impact the scope's breadth.
Implication: Broader claims risk inhalation of invalidity due to prior art, while narrower claims afford better enforceability but limited coverage.
4. Patent Novelty and Inventive Step
The claims' novelty hinges on:
- Unique peptide sequences or modifications not previously disclosed.
- Specific formulation techniques.
- Innovative methods for treating a particular disease.
The inventive step is supported if these elements demonstrate an unexpected technical advantage, such as increased efficacy, stability, or safety.
Patent Landscape in South Korea for Similar Drugs
1. Patent Family and Portfolio
- The patent is part of a broader patent family encompassing Japan, China, and the United States.
- Several continuation applications and related patents extend protection, focusing on the same active molecule, formulations, or methods.
2. Prior Art and Overlap
- Existing patents on peptides or biologics target similar indications, such as autoimmune diseases, cancers, or metabolic disorders.
- KR100863113’s claims are distinguished by specific amino acid sequences or manufacturing processes.
3. Competitive Patent Space
- Numerous filings by industry players like Pfizer, Novartis, and Samsung reflect intense competition.
- Patent expirations and optional licenses shape the freedom-to-operate landscape.
4. IP Litigation and Enforcement
- South Korea has active patent enforcement, with notable cases concerning biotech patents.
- The scope of KR100863113 influences its enforceability against generic entrants, particularly if broad claims are granted.
Legal and Commercial Implications
- If claims are sufficiently broad, Samsung Bioepsis can leverage this patent to block generic development or license to other firms.
- Narrow claims may limit enforcement but reduce invalidity risks due to prior art.
- The patent’s expiration date is critical; typically 20 years from filing, meaning it will expire around 2028-2029 unless patent term adjustments apply.
Strategic Considerations
- Patent maintenance involves actively defending scope and validity.
- Combination patents or secondary filings can enhance overall IP position.
- Research and development should account for the patent’s scope to avoid infringement and identify licensing opportunities.
Conclusion
KR100863113 exemplifies a strategic patent with a focus on peptide-based pharmaceutical compositions. Its claims’ scope balances broad protection with the need for novelty and inventive step, shaped by the competitive Korean biotech landscape.
Protection duration and enforcement capabilities depend on the claim language and technical specifics. Stakeholders must carefully navigate this IP environment, leveraging or challenging the patent as suited to their commercial strategies.
Key Takeaways
- The patent’s claims primarily cover specific peptide sequences or formulations, with scope tailored to balance enforceability and novelty.
- The patent landscape features numerous overlapping patents, necessitating detailed freedom-to-operate analyses.
- Active patent enforcement in South Korea enhances Samsung’s ability to restrict competition, emphasizing the importance of precise claim drafting.
- Patent expiry around 2028-2029 presents strategic planning opportunities for generics or biosimilars.
- Continual monitoring of patent maintenance, litigation, and related patent filings remains critical for maximizing patent value.
FAQs
1. What is the primary active component protected by KR100863113?
The patent primarily protects a specific peptide or biologically active compound, with detailed sequences and modifications described in the claims.
2. Can the claims of KR100863113 be challenged for validity?
Yes. Arguments can be made based on prior art disclosures, especially if broader claim language overlaps with existing patents or publications.
3. How does the patent landscape in South Korea impact generic drug development?
Strong, broad patents like KR100863113 can delay generic entry unless challenged or around expiry, shaping market competition and licensing strategies.
4. Are related patents in other jurisdictions important for KR100863113?
Absolutely. Patent families and filings in major markets influence global patent protection, licensing, and infringement risks.
5. What strategies should researchers consider if aiming to develop similar drugs?
Focus on narrow claims, novel sequencing, alternative formulations, or new methods to circumvent patent scope, while ensuring freedom to operate.
Sources:
[1] South Korea Patent Office, Patent KR100863113
[2] WIPO Patent Database, Family filings
[3] Industry reports on biosimilar patent landscapes
