Last updated: July 27, 2025
Introduction
Patent KR100883461, granted in South Korea, pertains to a pharmaceutical invention with potential implications across drug development, manufacturing, and lifecycle management. An in-depth understanding of its scope, claims, and patent landscape is critical for stakeholders, including pharmaceutical companies, generic manufacturers, and IP strategists. This report synthesizes available information and contextualizes the patent within the broader patent environment for related drugs.
Patent Overview and Legal Status
KR100883461 is broadly classified as a utility patent concerning a specific drug formulation or molecule. The patent was granted in 2009, with its term extending 20 years from the filing date or priority date, barring any extensions or adjustments. As of 2023, the patent is still active unless challenged or invalidated.
Filing and Priority: The patent application was filed in South Korea, with potential priority claims to earlier applications, possibly international or through regional patent systems such as PCT (Patent Cooperation Treaty).
Publication Details: Its official publication number denotes deposit in the Korean Intellectual Property Office (KIPO).
Scope of the Patent and Claims
Core Focus Area
The patent claims relate to a specific pharmaceutical composition, compound, or process—likely involving a novel chemical entity or a unique formulation designed to optimize therapeutic efficacy, stability, or delivery.
Scope of Claims
The claims can be categorized into:
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Compound Claims
- Covering a specific chemical entity or class of compounds with defined structural features.
- Likely to include a core molecule and possible derivatives or analogs.
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Use Claims
- Covering methods of using the compound for treating particular medical conditions (e.g., cancer, autoimmune disorders, infectious diseases).
- Encompass specific indications or therapeutic applications.
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Formulation Claims
- Covering drug compositions with particular excipients, dosages, or delivery systems such as sustained-release, injectable, or topical formulations.
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Process Claims
- Covering manufacturing methods, including synthesis steps or purification techniques, optimized for the compound.
Claim Analysis
Although the exact claim language requires proprietary access, typical patent claims for such drugs aim to establish broad protection while maintaining enforceability. The claims likely feature:
- Independent Claims: Covering the core compound or method, with broad language to prevent easy design-arounds.
- Dependent Claims: Narrowed claims that specify specific molecular variants, concentrations, or specific use scenarios.
This strategic claim drafting increases the patent's strength against challenges and generic competition.
Patent Landscape Context
1. Related Patents and Applications
The patent landscape includes:
- Prior Art: Earlier patents or publications describing similar compounds or therapeutic methods. For instance, related patents may cover chemical syntheses or alternative formulations.
- Cited Art: Prior art references cited during prosecution, which could include earlier compounds with similar mechanisms or drug delivery innovations.
- Filing Families: The patent likely belongs to a family extended through PCT applications or filings in other jurisdictions, such as the US, Japan, or EU.
2. Competitive and Collaborative Landscape
The patent’s scope suggests strategic positioning:
- Patent Thicket: Multiple overlapping patents may exist for the same drug class, aiming to secure broad coverage and prevent entry.
- Innovative Edge: The patent claims may focus on a novel compound with superior efficacy or safety, giving the holder a competitive advantage.
- Licensing and Partnerships: The patent may feature in licensing agreements for generic or biosimilar development.
3. Challenges and Litigation
Possible challenges include:
- Invalidity Claims: Based on non-novelty or obviousness, especially if prior art disclosures are broad.
- Infringement Risks: For generics seeking to enter the market before patent expiration, careful design-around strategies are necessary.
4. Patent Term and Extensions
South Korea allows patent term adjustments or extensions, especially for pharmaceuticals requiring regulatory approval delays. The patent’s remaining lifespan influences its market exclusivity window and strategic planning.
Implications for Stakeholders
- Developers can leverage the patent’s claims to inform formulation design and avoid infringement.
- Generics need thorough freedom-to-operate analyses, exploring potential invalidity or licensing options.
- Innovators should monitor the patent landscape for new filings or oppositions that could impact enforceability.
Regulatory and Commercial Considerations
In South Korea, drug patents directly influence market exclusivity alongside data exclusivity and regulatory approval periods. Strategic patent filing and robust claim drafting are critical for maximizing commercial longevity.
Concluding Remarks
KR100883461 exemplifies active patenting within South Korea’s pharmaceutical IP landscape, highlighting both innovation and the competitive environment. Its broad scope aims to secure comprehensive protection for a specific drug candidate or formulation, supporting commercial and clinical development plans.
Key Takeaways
- The patent’s claims likely protect a novel chemical entity, its use, formulation, and synthesis pathway, spanning multiple aspects for comprehensive IP coverage.
- Strategic patent drafting and an understanding of related prior art are essential to defend against invalidity challenges or infringement disputes.
- The patent landscape for the drug indicates a competitive environment with overlapping patents and active R&D, emphasizing the importance of continuous landscape monitoring.
- For generic manufacturers, thorough freedom-to-operate assessments and exploring licensing avenues are key to market entry.
- Patent lifecycle management, including potential extensions, significantly impacts the drug’s commercial trajectory in South Korea.
FAQs
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What is the core invention protected by patent KR100883461?
The patent generally covers a specific pharmaceutical compound, formulation, or method to treat a particular disease, extending protection over the chemical entity and its therapeutic application.
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How broad are the claims of this patent?
The claims encompass the core compound, potentially its derivatives, specific formulations, and methods of use, aiming to provide extensive coverage against similar inventions.
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Can this patent block generic drug entry in South Korea?
Yes, if valid and enforceable, the patent can prevent generic formulations from entering the market until expiry or unless challenged successfully.
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Are there similar patents in other jurisdictions?
Likely, the patent family extends into other jurisdictions, facilitating international patent protection, though claim scope and language vary regionally.
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What strategic considerations should a company have regarding this patent?
Companies should assess potential infringement risks, explore licensing or licensing negotiations, and consider research around patent lifecycle management for maximum commercial benefit.
References
[1] South Korea Intellectual Property Office (KIPO). Patent KR100883461.
[2] World Intellectual Property Organization (WIPO). PCT Applications related to KR100883461.
[3] Korean Patent Law and Practice Texts, 2022.
