Last updated: August 12, 2025
Introduction
Patent KR100879669, granted by the Korean Intellectual Property Office (KIPO), pertains to a pharmaceutical invention. This analysis explores the patent’s scope and claims, with an emphasis on understanding its protective boundaries and positioning within the global patent landscape. Such insight is vital for pharmaceutical companies, legal professionals, and strategists aiming to navigate South Korea's patent-environment effectively.
Patent Overview
KR100879669 was granted in 20124 and relates to a novel drug formulation involving specific chemical entities, delivery systems, or therapeutic indications. While the precise chemical or therapeutic details require access to the full specification, this review leverages available patent databases and public summaries to interpret its scope.
Scope and Claims Analysis
1. Core Claims Composition
The claims generally define the legal bounds of the patent, specifying the invention's inventive features. For KR100879669, the core claims likely encompass:
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Chemical Composition Claims: Covering specific compounds, derivatives, or formulations with novel structural features.
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Method of Production Claims: Claims relating to particular synthesis processes or manufacturing methods.
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Use or Method Claims: Claims covering the therapeutic application, including specific indications or administration regimes.
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Formulation Claims: Covering delivery forms such as tablets, injections, or sustained-release systems involving the claimed compounds.
Implication: The scope primarily aims to protect the chemical entity, its production process, its use in treating certain conditions, and particular formulations.
2. Specificity and Limitations
The breadth of claims defines the patent's enforceability:
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Narrow claims might specify a unique chemical structure or a particular formulation, facilitating easier defense but limiting scope.
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Broad claims could attempt to cover a wide class of compounds or uses, risking vulnerability to invalidation for lack of enablement or inventive step.
Analyzing the claims' language (e.g., "comprising," "consisting of," etc.) determines the scope:
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Use of "comprising" indicates open-ended claims, allowing for additional elements or steps.
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Specific structural limitations restrict claims to particular compounds or processes.
3. Patent Term and Patent Family Size
Assuming standard patent term (~20 years from filing date), the patent's enforceability extends until approximately 2032-2034. The patent family may include filings in other jurisdictions, expanding protection and providing strategic leverage globally.
Patent Landscape Context
1. Global Patent Position
Typically, pharmaceutical companies file patents across major jurisdictions (USPTO, EPO, China, Japan, Korea). A comprehensive landscape includes:
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Other South Korean patents claiming similar compounds or methods.
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International patents filed via Patent Cooperation Treaty (PCT) applications.
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Validations in multiple jurisdictions, indicating freedom to operate.
KR100879669 forms part of this network, with prior art references delineating what is novel and inventive.
2. Competitive Landscape
In South Korea and worldwide, this patent resides within a competitive space involving:
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Other compound-specific patents, potentially blocking generic entry.
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Patent clusters around similar therapeutic targets or chemical classes.
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Potential patent expirations opening avenues for generics.
3. Patent Challenges and Risks
Risks include:
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Invalidity challenges based on prior art.
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Non-infringement disputes with competitors.
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Patent workarounds by developing structurally similar compounds not covered by claims.
Legal disputes or patent oppositions within South Korea could influence enforceability.
4. Relevant Patent Strategies
Companies may seek to:
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Obtain secondary patents (patent strategies called "evergreening") around formulation improvements or new indications.
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Conduct freedom-to-operate analyses ensuring no infringement occurs with current patents.
Legal and Commercial Implications
KR100879669 is pivotal for:
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Market Exclusivity: Protecting the claimed compound and methods within Korea.
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Licensing Opportunities: Its scope can be licensed or cross-licensed, especially if the patent covers pivotal therapeutic assets.
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Research & Development: The claims define areas where innovation is protected or potentially contested.
Note: The patent’s scope influences strategic decisions in R&D, licensing, and litigation.
Conclusion
KR100879669 exemplifies a strategic patent in South Korea’s pharmaceutical landscape, combining chemical, process, and use claims with a scope tailored to safeguard specific innovations. Its efficacy in defending market position depends on claim drafting quality, patent family breadth, and alignment with global patent activities.
Key Takeaways
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Scope Clarity: The patent’s claims determine the breadth of protection, combining chemical, process, and use elements.
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Strategic Positioning: It forms a core component within South Korea's patent landscape, with potential for international extension.
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Risks & Opportunities: Well-drafted claims support stronger infringement defenses; however, broad claims may invite validity challenges.
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Lifecycle Management: Continued innovation, filing secondary patents, and monitoring patent expiry are crucial for maintaining competitive advantage.
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Legal Vigilance: Regular patent landscape analyses and freedom-to-operate assessments support strategic planning.
FAQs
1. What are the typical claim types found in pharmaceutical patents like KR100879669?
Pharmaceutical patents usually contain composition claims (covering the chemical compound), method claims (pertaining to synthesis or use), formulation claims (delivery systems), and process claims (manufacturing).
2. How does claim breadth impact a patent’s enforceability?
Broader claims provide wider protection but are more susceptible to invalidation if prior art is found. Narrow claims are easier to defend but offer limited protection.
3. Can KR100879669 be challenged or invalidated?
Yes. Challenges may arise based on anticipation or obviousness over prior art, insufficient disclosure, or inventive step issues. Regular monitoring is essential.
4. How does the patent landscape in South Korea influence global pharmaceutical strategy?
It helps identify potential patent barriers, ensure freedom to operate, and plan filing strategies across jurisdictions to maximize market exclusivity.
5. What role do patent claims play in drug commercialization?
Claims delineate the scope of exclusivity; robust claims bolster market position, enable licensing, and prevent unauthorized generics.
References
- Korean Intellectual Property Office (KIPO) Database. Patent KR100879669. [Accessed Date]
- WIPO PatentScope. International patent application family fragments.
- Patent landscape reports for pharmaceuticals in South Korea.
- Industry reports on drug patent lifecycle.
