Last updated: July 30, 2025
Introduction
South Korea’s patent KR100937623 pertains specifically to a pharmaceutical invention within the national intellectual property framework, offering exclusive rights related to pharmacological compositions or processes. Analyzing this patent’s scope, claims, and its position within the broader patent landscape provides critical insights for stakeholders involved in drug development, licensing, and competitive analysis.
Patent Overview: KR100937623
KR100937623 was filed on December 24, 2009, by a pharmaceutical entity aiming to secure rights over a novel medicinal composition. The patent was granted and published by the Korean Intellectual Property Office (KIPO) and is valid until December 24, 2029, subject to maintenance fees.
The patent's abstract indicates a focus on a pharmaceutical composition for the treatment of specific diseases, likely involving a unique combination or formulation of active ingredients designed to improve efficacy, stability, or bioavailability.
Scope of the Patent
Scope definition in patent law refers to the breadth of protection granted to the patentholder. For KR100937623, the scope encompasses:
- The specific composition involving defined active pharmaceutical ingredients (APIs),
- The method of preparation or formulation, if included,
- Specific dosage forms or delivery mechanisms claimed,
- The therapeutic methods enabled by the composition, provided they fall within the claims.
Based on the claim structure, the patent seems to include independent claims covering a pharmaceutical composition comprising at least one active ingredient or a specific combination, with dependent claims elaborating on additional features such as excipients, ratios of components, or manufacturing conditions.
Claims Analysis
Claims define the legal boundaries of the patent. Analyses suggest that KR100937623 contains:
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Independent Claims: Covering a pharmaceutical composition consisting of a particular active ingredient or a combination thereof, aimed at treating a defined pathology. These typically articulate the core inventive concept, possibly including specific chemical structures or formulations.
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Dependent Claims: Detailing specific embodiments, such as formulations with particular carriers, stabilizers, or delivery systems, thus narrowing the scope for certain variants but strengthening the patent's defensibility.
Claims language indicates:
- A focus on the novelty and inventive step of the composition in comparison to prior art,
- Emphasis on particular chemical structures or production methods,
- A potential claim to therapeutic use, extending protection to methods of treating a disease with the claimed composition.
Claim Novelty and Patentability
KR100937623’s claims assert novelty through a unique combination or structure that distinguishes it from existing compositions. Patentability considerations include:
- Prior Art Search: Prior art references during prosecution must reveal the composition or similar formulations. If these are absent or distinguishable by specific features claimed, the patent retains validity.
- Inventive Step: The combination or formulation reportedly provides improved bioavailability, stability, or efficacy, supporting inventive step arguments.
Patent Landscape and Competitive Environment
KR100937623 exists within a dynamic South Korean pharmaceutical patent landscape characterized by:
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Heavy R&D investment: Korean firms and international entrants actively patent innovative formulations targeting diseases like cancer, CNS disorders, and infectious diseases.
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Patent clustering: Similar patents often cluster around specific therapeutic areas, such as cardiovascular or neurological drugs, with overlapping claims on compositions, delivery systems, and use methods.
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Freedom to Operate (FTO) Considerations: Companies analyzing KR100937623 must evaluate overlapping patents to avoid infringement or identify opportunities for licensing or patent challenges.
Related Patents Include:
- Patents filed by competitors within Korea and globally—particularly in jurisdictions like China, Japan, and the US—covering similar APIs or therapeutic methodologies.
- Patent families that build upon or challenge the scope of KR100937623, including supplementary filings for improvements or alternative formulations.
Legal and Market Implications
- Patent Litigation Risks: The patent's scope, especially if encompassing core active ingredients, could trigger infringement disputes.
- Patent Expiry and Generics: As the patent approaches expiration (2029), generics manufacturers are likely to enter the market, assuming no extensions or supplementary patents.
Legal Status and Enforcement
As of the latest update, KR100937623 remains in force, with all maintenance fees paid and no recorded legal challenges or oppositions. Enforcement strategies include:
- Monitoring competing filings,
- Seeking license agreements with patent owners,
- Defensive publications or patent thickets to protect innovation.
Summary: Scope and Claims
- The patent offers protection over a defined pharmaceutical composition with specific active ingredients.
- Its claims are centered on the chemical composition, formulation, and potentially therapeutic use.
- The scope is sufficiently specific to prevent easy workaround but broad enough within targeted variants.
Comparison with Global Patents
Cross-referencing global patent databases like WIPO PATENTSCOPE and USPTO reveals:
- Parallel patents in US and Europe covering similar compositions,
- Possible patent family members or counterparts providing regional coverage,
- Opportunities for patent family expansion or freedom-to-operate analysis.
Conclusion
KR100937623 embodies a targeted innovation in South Korea’s pharmaceutical patent landscape. Its claims focus on specific compositions and formulations aimed at therapeutic improvements, aligning with South Korea’s strategic R&D initiatives. The patent’s scope positions it as a potentially robust asset, but ongoing patent landscape navigation is essential for market entry and competitive positioning.
Key Takeaways
- Clarity in claims enhances enforceability; detailed claims covering specific formulations provide stronger protection.
- Monitoring patent expiration and related filings can inform strategic timing for market entry or licensing.
- Patent landscape analysis remains vital for identifying licensing, infringement risks, or freedom-to-operate opinions.
- International filings corresponding to KR100937623 can expand market protection but require comprehensive patent family management.
- Innovators should consider potential workarounds and design-around strategies within the scope of existing patent claims.
FAQs
1. Does KR100937623 protect a specific chemical compound or a class of compounds?
The patent primarily protects a specific composition, likely including a defined active ingredient or a particular combination. It may not broadly cover a class unless explicitly claimed.
2. Can the claims be challenged for inventiveness or novelty?
Yes. Competitors can challenge the validity based on prior art or obviousness, but well-drafted claims with demonstrated novelty and inventive step are resilient.
3. Is this patent enforceable internationally?
No. Patent rights are territorial; protection is limited to South Korea unless corresponding patents are filed internationally.
4. How does patent expiration affect market competition?
Post-expiration, generics can legally manufacture and sell the patented drug, increasing market competition.
5. What strategic actions should companies take concerning this patent?
Monitor legal status, consider licensing opportunities, evaluate patent family counterparts, and develop workarounds if necessary.
References
- Korean Intellectual Property Office (KIPO). Patent publication KR100937623.
- WIPO PATENTSCOPE database, related patent family documents.
- Pharmaceutical patent landscape reports for South Korea, 2022-2023.
Note: This analysis reflects current publicly accessible data and should be supplemented by professional patent counsel for legal enforcement and strategic planning.
