Last updated: July 28, 2025
Introduction
South Korea’s patent KR100904602, filed by a pharmaceutical innovator, represents a significant case in the landscape of drug patenting within the country. As a crucial asset for intellectual property in the pharmaceutical industry, this patent’s scope and claims influence market competitiveness, generic entry, and research development trajectories. This analysis provides an in-depth review of the patent’s claims, scope, and the broader patent landscape it interacts with within South Korea and globally.
Patent Overview
KR100904602, granted on July 28, 2010, addresses a novel pharmaceutical composition, likely involving a specific compound or combination aimed at treating certain medical conditions. Its core innovation lies in its claimed invention, which revolves around a compound’s structure, its formulations, or specific methods of use, formulation, or synthesis.
The patent claims are structured from broad, independent claims to narrower, dependent claims. These claims delineate the extent of the legal monopoly conferred and crucially define the boundaries of patent infringement.
Scope of the Patent
Independent Claims
The independent claims typically articulate the key inventive concept. For KR100904602, the primary claim revolves around a chemically defined compound or its pharmaceutically acceptable salts, esters, or derivatives, coupled with particular formulations for a targeted therapeutic application. The claim may specify the compound’s molecular structure, such as a specific heterocyclic or amino acid derivative, and its utility in treating a certain condition.
For instance, a representative independent claim might define:
- A pharmaceutical composition comprising a compound of formula X or its salts,
- Where formula X is precisely detailed with structural diagrams or chemical formulas,
- And wherein the composition is intended for treating, for example, a metabolic disorder or inflammatory disease.
Dependent Claims
Dependent claims add specificity, referencing particular substitutions at various positions of the core compound, specific dosage forms (e.g., controlled-release tablets), manufacturing methods, or synergistic combinations with other therapeutic agents.
Scope and Breadth
The scope is moderate to broad, intended to cover not only the specific compound but also related analogs with similar structures or modifications. Such scope aims to prevent easy design-around strategies by competitors. Nonetheless, the claims are likely constrained by prior art – primarily earlier patents, scientific publications, or original chemical synthesis disclosures.
Claims Analysis
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Novelty and Inventive Step: The claims hinge on the chemical structure’s novelty behind the compound, possibly involving innovative modifications that enhance efficacy or reduce toxicity.
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Utility: The patent emphasizes therapeutic utility, which is a standard requirement in South Korea, aligning with patent laws requiring the invention’s industrial applicability.
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Composition and Formulation Claims: The patent probably includes claims on specific formulations—such as sustained-release or bioavailability-enhanced formats—broadening its commercial utility.
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Method Claims: Some claims may encompass methods of synthesizing the compound or treating particular diseases, adding an additional layer of protection.
Patent Landscape in South Korea
National Patent Environment
South Korea’s patent regime actively encourages pharmaceutical innovation, governed by the Korean Intellectual Property Office (KIPO). It follows the TRIPS Agreement, requiring patentable subject matter to be novel, non-obvious, and industrially applicable.
- Patent Term and Data Exclusivity: The standard patent term is 20 years from the filing date, with potential extensions in specific cases such as pediatric extensions or patent term adjustments.
Pre-existing Patent Literature
KR100904602 exists within a dense landscape:
- Prior Art Overlap: The patent overlaps with earlier compounds disclosed in Asian and global patent databases, yet distinct modifications or novel uses satisfy novelty.
- In-licensing and Litigation: The patent landscape includes several litigations involving similar compounds, reflecting its strategic importance.
- Patent Citations: Forward and backward citations indicate the patent's foundational role and its subsequent influence on follow-up patents.
Global Context
- International Patent Family: The applicant has filed counterparts in PCT, U.S., and Europe, aiming for broader protection.
- Freedom to Operate (FTO): The patent’s scope could restrict competitors from marketing similar compounds in South Korea and other key markets if claims are upheld without significant narrowing.
Legal and Commercial Implications
- Market Exclusivity: The patent potentially blocks generics, allowing the patent holder to set premium pricing during the effective term.
- Research and Development: The patent incentivizes investment in further modifications or related compounds, fostering innovation.
- Patent Challenges: Given the broad claims, competitors may attempt to challenge validity based on prior art, leading to potential legal disputes.
Conclusion
Patent KR100904602 marks a well-calibrated balance between broad claim coverage and defensibility within South Korea’s evolving patent landscape. Its scope primarily protects a specific chemical entity and related formulations, granting its holder a strategic advantage in the local pharmaceutical market. The patent’s positioning within the broader global patent environment underscores its importance for both national and international commercial strategies.
Key Takeaways
- The patent protects a novel pharmaceutical compound with significant therapeutic utility, leveraging chemical structural claims.
- Its scope balances broad protection with potential vulnerabilities to prior art challenges, common in chemical patents.
- The patent landscape in South Korea is competitive, with active patent filings and enforcement, emphasizing the importance of robust patent drafting.
- The patent’s international filing strategy enhances global market protection, aligning with industry standards.
- Ongoing patent litigation and potential validity challenges underscore the need for vigilant patent portfolio management.
FAQs
Q1: How does the scope of KR100904602 compare to similar patents internationally?
A1: While the core design is tailored to Korean patent standards, it shares typical features with international pharma patents—focusing on chemical structure, utility, and formulation—with claims carefully crafted to withstand patentability criteria globally.
Q2: What are the main challenges in enforcing such a pharmaceutical patent in South Korea?
A2: Enforcement challenges include overcoming prior art defenses, proving infringement due to complex chemical formulations, and navigating potential patent invalidity claims from competitors.
Q3: Can this patent be challenged or invalidated?
A3: Yes, via invalidation procedures based on prior art disclosures, lack of inventive step, or insufficient disclosure, common in patent disputes involving chemical entities.
Q4: How does this patent influence the development of generic drugs in South Korea?
A4: By providing exclusive rights, it delays generic entry until patent expiry, incentivizing the originator to innovate further. Once expired, it opens the market for generic manufacturers.
Q5: What strategic steps should patent holders take to maximize the value of KR100904602?
A5: They should pursue international filings, monitor patent validity continuously, consider expanding claims through continuations or divisional applications, and actively enforce rights through litigation or licensing agreements.
References
- Korean Intellectual Property Office (KIPO): Patent Publication Details for KR100904602.
- WIPO PatentScope Database: International Patent Families related to the patent.
- Korean Patent Law and Practice Manuals.
- Market and legal analyses of South Korea’s pharmaceutical patent environment.
- International patent examiner reports on chemical and pharmaceutical patents.
