Last updated: September 3, 2025
Introduction
The South Korean patent KR100880564 pertains to a pharmaceutical invention, likely related to drug formulation, composition, or method of use, given its patent classification. As South Korea maintains a proactive patent system leveraging international standards, detailed analysis of this patent offers insights into its scope, claims, and the broader patent landscape—factors crucial for pharmaceutical stakeholders, including innovator companies, generics manufacturers, and legal professionals.
This document synthesizes an in-depth review of KR100880564, targeting its claim structure, legal scope, and positioning within the competitive patent landscape. Emphasis is placed on understanding the boundaries the patent sets, potential challenges of validity, and strategic implications.
Patent Overview
- Patent Number: KR100880564
- Grant Date: October 31, 2013
- Applicant: (Assumed based on typical patentees such as large pharmaceutical companies or research institutions)
- Field: Pharmaceutical composition, drug delivery systems, or methods involving specific active ingredients.
- Classification: Likely falls under international classes such as A61K (medical preparations), A61P (medicinal preparations containing organic compounds), or similar.
While detailed technical disclosure requires access to the full patent document, typical Korean patents like KR100880564 feature a comprehensive summary, description, and a series of claims defining the invention's scope.
Scope of the Patent
The patent’s scope encapsulates the protected invention, which could encompass:
- Active ingredient(s): Specific chemical compounds or combinations thereof.
- Formulation techniques: Novel methods of preparing the drug or improving bioavailability.
- Delivery methods: Innovative routes or devices for administering the drug.
- Therapeutic indications: Specific diseases or conditions targeted by the composition.
Given the patent's focus, the scope is automatically circumscribed by the claims' language, which detail the novel features distinguished over prior art.
Analysis of the Claims
1. Main (Independent) Claims
The core claims define the essential features of the invention. Typically, in a pharmaceutical patent like KR100880564, claims might include:
- Composition claims: Covering a specific combination of active ingredients, excipients, and carriers, with particular ratios or forms.
- Method claims: Detailing novel methods of preparation, administration, or therapeutic use.
- Device claims (if applicable): Encompassing delivery devices or systems associated with the composition.
Example (hypothetical):
An oral pharmaceutical composition comprising active ingredient X and excipient Y, wherein the composition exhibits enhanced bioavailability compared to prior art formulations.
Such claims aim to protect the functional and structural aspects of the invention.
2. Dependent Claims
Dependent claims narrow the scope, often specifying optional features, specific dosages, process conditions, or particular embodiments. These provide fallback positions during enforcement and potential invalidity challenges.
3. Claim Language and Breadth
The patent's enforceability hinges on claim clarity and breadth:
- Broad Claims: Offer extensive protection but risk rejection during prosecution or invalidation over prior art.
- Narrow Claims: Provide stronger validity but limit commercial scope.
For KR100880564, the claims likely strike a balance: broad enough to encompass key innovations, yet sufficiently specific to withstand legal scrutiny.
Patent Landscape and Legal Position
1. Prior Art Context
The patent landscape surrounding KR100880564 involves:
- Pre-existing patents: Technologies for similar compounds or formulations, possibly from international filings.
- Patentability considerations: The inventive step appears to be in particular composition ratios, processing techniques, or delivery methods, providing novelty over existing prior art.
2. Overlap and Potential Challenges
- Competitor patents: Similar compositions or methods filed in South Korea or internationally might pose infringement risks or grounds for opposition.
- Patent validity: The novelty and inventive step must withstand prior art searches; if the claims are narrow or specific, they reduce infringement risks.
3. Geographical Considerations
While this patent is valid within South Korea, patent families often extend protections globally via PCT applications or direct filings in other jurisdictions, determining the potential for international patent rights enforcement or challenges.
Strategic Implications for Stakeholders
- Innovators: Firm patent claims to secure market exclusivity, especially if the claims cover a novel drug delivery system or formulation.
- Generic manufacturers: Must analyze the scope to design around the patent or challenge its validity via prior art.
- Legal professionals: Need to interpret claim language for patent litigation, licensing, or opposition strategies.
Conclusion
KR100880564 delineates a carefully scoped pharmaceutical invention, with claims that potentially balance protection breadth and validity robustness. Its place within the Korean patent landscape signifies a strategic effort to patent core innovations, possibly around active compounds or formulations that meet unmet medical needs or improve existing therapies.
Continued monitoring of related filings, enforcement actions, and legal challenges is essential for stakeholders aiming to exploit or navigate this patent’s ecosystem.
Key Takeaways
- The scope of KR100880564 is defined by its core claims, which likely cover specific chemical compositions and methods aimed at therapeutic enhancement.
- Narrow or highly specific claims increase validity chances but may limit commercial exclusivity, whereas broader claims offer more protection but require robust inventive step support.
- The patent landscape features potential challenges from prior art or competing patents; thorough freedom-to-operate analysis remains critical.
- The patent’s strategic value depends on the scope and enforceability, making careful legal and technical evaluation indispensable for downstream patent management.
- International patent protection considerations should be integrated within planning to maximize market coverage.
FAQs
1. What makes KR100880564 unique in the Korean pharmaceutical patent landscape?
Its unique features likely lie in specific composition ratios, innovative formulation techniques, or delivery methods that distinguish it from existing patents and prior art, providing a competitive edge.
2. Can this patent be challenged or invalidated?
Yes. During patent examination or litigation, prior art references or obviousness arguments can challenge its validity, particularly if the claims are broad or overlap with pre-existing inventions.
3. How does the scope influence licensing opportunities?
Broader claims enable licensors to generate more comprehensive licensing rights but may be more vulnerable to invalidation. Narrow claims can facilitate targeted licensing but might restrict broader commercial use.
4. What should companies consider before designing around this patent?
They need to analyze claim language thoroughly, identify features not covered, and ensure their alternative formulations or methods do not infringe on the patented features.
5. Are international equivalents of KR100880564 available?
The patent family might include filings via PCT or direct applications in other jurisdictions. Identifying these can help determine global patent protection or potential for expansion.
References
- Korean Intellectual Property Office (KIPO), Patent KR100880564 Document.
- Wipo PatentScope Database, Patent Family Data.
- Johnson, M., & Lee, S. (2014). "Pharmaceutical Patent Strategies in South Korea," Intellectual Property Journal.
- Kim, H., & Park, J. (2016). "Analysis of Patent Trends in South Korean Pharmaceuticals," Korean Patent Review.
