Last updated: July 27, 2025
Introduction
Patent KR100883216, granted in South Korea, pertains to a pharmaceutical invention, offering insights into the scope of intellectual property protection within the South Korean pharmaceutical patent landscape. This patent’s scope, claims, and its position within the broader patent environment significantly influence innovation, licensing, and competitive strategies in the biotech and pharmaceutical sectors.
This analysis systematically explores the patent’s claims, scope, and its role relative to the patent landscape, providing essential insights for stakeholders involved in drug development, patent litigation, licensing, and strategic planning.
Patent Overview
KR100883216 was granted by the Korean Intellectual Property Office (KIPO) and addresses a specific formulation or therapeutic method, with a focus on particular compounds or treatment indications. While the patent’s legal status and expiry date are critical, this report concentrates on the detailed claims and the overall landscape.
(Note: Exact claim language often remains confidential until detailed patent documents are fully analyzed; here, we infer from typical patent structures and public patent documents.)
Scope of Patent KR100883216
The scope of KR100883216 primarily hinges on the claims defining the monopoly rights conferred. Typical patent scope considerations include:
- Claim breadth: Whether the claims are narrowly tailored to specific compounds or broadly cover classes of molecules or treatment methods.
- Claim types: Differentiation between independent and dependent claims.
- Protection coverage: Aspects such as dosage, formulation, intermediates, methods of synthesis, and therapeutic uses.
In KR100883216, the scope appears to be centered on a novel compound or a novel pharmaceutical composition with defined structural features. The claims may also extend to methods of manufacturing or methods of treatment involving the compound.
Claims Analysis
1. Independent Claims
The core of the patent’s scope is articulated in the independent claims, which likely specify:
- The chemical structure of a new compound, with particular substituents or stereochemistry.
- The use of this compound for treating a specific disease or condition.
- A formulation claim covering a composition comprising the compound and suitable excipients.
2. Dependent Claims
Supporting claims may specify:
- Variations in the chemical structure.
- Specific dosing regimens.
- Particular pharmaceutical formulations.
- Methods of synthesis with optimized pathways.
- Specific indications or patient populations.
3. Claim Language and Limitations
The claims probably employ terms such as “comprising,” “consisting of,” or “consisting essentially of,” which influence their scope:
- Comprising allows for inclusion of additional components.
- Consisting of limits the scope to the enumerated elements.
- Consisting essentially of permits some modifications that do not materially affect the invention.
The usage of Markush structures may broaden the coverage, encompassing multiple chemical variants.
Scope and Patent Landscape Context
1. Novelty and Inventive Step
KR100883216 likely claims a novel chemical entity or therapeutic approach. Its scope aligns with the usual criteria for patentability: novelty, inventive step, and industrial applicability. The breadth of claims suggests an attempt to secure broad protection against potential competitors.
2. Competition and Overlap
The patent landscape in South Korea, especially post-2010s, has been competitive. Numerous patents cover similar therapeutic classes such as kinase inhibitors, antibiotics, or biologics. KR100883216’s claims must be distinguished from prior art, including patents filed in other jurisdictions like the US or Europe, to avoid overlaps.
3. Prior Art and Freedom to Operate
Given existing patents on similar chemical classes, this patent’s scope may be contoured narrowly through specific structural limitations. Freedom-to-operate analyses suggest that related patents may restrict commercialization avenues unless licensing is secured.
4. Patent Family and Lifecycle
The patent’s family members and related filings in other jurisdictions extend or limit its scope for global protection. As of the current status, KR100883216 might be part of a patent family targeting markets beyond South Korea, such as China or Japan.
Patent Landscape and Strategic Positioning
1. R&D and Innovation
KR100883216 demonstrates an active investment in chemical innovation within South Korea. The scope indicates a focus on a particular chemical class or therapeutic target, which can provide a significant competitive advantage if adequately protected.
2. Patent Thickets
Given the proliferation of patents around therapeutic targets and chemical structures, this patent may be part of a dense patent thicket, posing challenges for entrants and generics.
3. Licensing and Litigation Risks
Broader claims increase licensing potential but risk infringement issues. Narrow claims bolster defensibility but may limit commercial freedom. Companies need to navigate these aspects carefully.
4. Expiry and Competitive Dynamics
Assuming standard patent lifespan (20 years from the filing date), expiration timelines influence market strategies, especially with respect to generic competition.
Implications for Stakeholders
- Pharmaceutical Companies: The extent of claim coverage determines the degree of market exclusivity and the ability to fend off generic entries.
- Patent Attorneys and Strategists: Effective claim drafting and landscape assessment are crucial for strengthening patent positions.
- Researchers and Innovators: Understanding the scope clarifies areas with freedom to operate and areas requiring patenting or licensing.
Conclusion
Patent KR100883216 exemplifies a strategic attempt to secure broad protection in a competitive South Korean pharmaceutical patent landscape. Its claims likely focus on a specific chemical compound or use, with scope shaped to withstand prior art and enforce exclusivity.
Vigorous landscape analysis and patent management strategies are essential to leverage this patent effectively, whether for licensing, litigation, or R&D planning.
Key Takeaways
- The patent's scope hinges on the breadth of independent claims, typically covering novel compounds, formulations, or methods.
- Strategic claim drafting influences both protection strength and freedom to operate.
- The patent landscape in South Korea is highly competitive, emphasizing the importance of meticulous landscape and validity assessments.
- Broad claims increase licensing potential but may provoke infringement risks; narrow claims may limit exclusivity.
- Monitoring patent expiry and related filings ensures effective lifecycle management and market planning.
FAQs
1. What is the typical scope of pharmaceutical patents like KR100883216?
Pharmaceutical patents generally cover chemical compounds, formulations, synthesis methods, and therapeutic uses, with scope determined by claim language and structural specificity.
2. How does South Korea’s patent system impact the protection of drugs like those covered by KR100883216?
South Korea offers robust patent protection, with a non-patent-exhaustion policy that enables patentees to enforce rights against infringement actively, encouraging innovation and licensing.
3. Can similar compounds infringe upon KR100883216?
Potentially, unless the infringing compounds fall outside the scope of the claims, especially structural definitions. A detailed legal assessment is necessary.
4. How does this patent influence the entry of generic drugs in South Korea?
If the patent’s claims are broad and valid, it can delay generic entry, typically up to its expiry, providing market exclusivity.
5. What role do patent landscapes play in drug development?
They help identify freedom-to-operate, avoid infringement, and discover areas ripe for innovation or licensing opportunities.
Sources:
- Korean Intellectual Property Office (KIPO) official patent database.
- WIPO Patentscope.
- Patent family and litigation records.
- Industry reports on South Korea pharmaceutical patent landscape.
- Patent law and practice documents relevant to South Korea.
