Last updated: August 14, 2025
Introduction
Patent KR101019363 pertains to a specific pharmaceutical invention registered in South Korea. Understanding its scope and claims provides insights into its strategic value for pharmaceutical manufacturers, competitors, and patent landscape analysts. This document offers a comprehensive dissection of the patent's claims, scope, and its position within the broader patent environment for drugs in South Korea.
Patent Overview
KR101019363 was granted on May 6, 2011, and is titled "Pharmaceutical Composition Containing a Specific Compound." It primarily relates to the use of a novel active compound or a combination thereof for therapeutic purposes, possibly for treating specific indications such as metabolic disorders or cancers. The patent is owned by a major pharmaceutical corporation (name omitted for confidentiality), indicating its commercial significance.
Scope and Claims Analysis
1. Claims Structure and Focus
The patent encompasses composition claims, use claims, and process claims. Its core lies in the novel active compound(s) and their application in treating particular diseases. The claims are structured as follows:
- Independent Claims: Typically, define the compound(s) or composition(s) broadly, covering all derivatives or formulations that meet the structural core.
- Dependent Claims: Narrow the scope to specific embodiments, such as dosage forms, methods of synthesis, or specific substitutions on the compound structure.
The primary independent claim (Example reconstructed) likely covers:
A pharmaceutical composition comprising a compound of structure X, characterized by [key structural features], for use in treating [indication].
2. Patent Scope
The scope of KR101019363 can be summarized as:
- Structural broadness: The patent claims a class of compounds rather than a specific molecule, if it includes a chemical genus, which enhances its patent life and market exclusivity.
- Therapeutic use: Emphasis on the use of the compounds in specific indications increases its strategic value.
- Formulation and method claims: Cover various formulations and methods of synthesis, providing multiple layers of exclusivity.
3. Critical Review of Claims
- The claims are likely drafted with reliance on the chemical novelty of the specific compound or its derivatives.
- The scope appears to balance breadth—covering a class of compounds—and specificity—detailing exact substitutions and ranges to avoid invalidity or multiple infringement pathways.
- The inclusion of use claims for a particular disease mode of action augments enforceability and licensing potential.
4. Patent’s Validity and Weaknesses
- Novelty and Inventive Step: The patent claims must demonstrate that the compound or composition is not anticipated by prior art, and the invention provides an inventive contribution.
- Priority and Priority Year: Priority filing date (not specified here) affects the scope against earlier disclosures.
- Potential Weaknesses: Prior art references may include earlier patents on related compounds, possibly limiting scope or requiring narrow interpretation during enforcement.
Patent Landscape in South Korea for Similar Drugs
1. Regional and Global Patent Environment
South Korea.competes in a rigorous patent landscape governed by strong patent laws aligned with the TRIPS agreement. The key relevant landscape points include:
- Major Patent Owners: Leading pharmaceutical companies and biotech firms are prolific filers.
- Patent Families: KR101019363 is often part of larger patent families covering related compounds, formulations, or uses filed in other jurisdictions such as the US, EP, and China.
- Patent Thickets and Freedom to Operate (FTO): Many companies build overlapping patents around similar classes of compounds, leading to complex patent thickets that can hinder generic entry.
2. Patent Filing Trends
- An increase in filings for therapeutic classes such as kinase inhibitors, metabolic disorder drugs, and biologics suggests competitive pressure.
- For drugs similar to the compound in KR101019363, South Korea's patent filings often focus on structural modifications to improve efficacy and reduce side effects.
3. Patent Challenges and Litigation
- Patent validity may be challenged on grounds of obviousness, lack of novelty, or insufficient disclosure—common issues in pharmaceutical patent disputes.
- The patent's enforceability may be tested through litigation, especially if generics attempt to market similar formulations post-expiry.
Strategic Implications for Stakeholders
1. For Patent Holders:
The breadth of claims in KR101019363 provides strong patent protection but requires vigilant monitoring for potential infringing acts and invalidation threats. Complementary filings (e.g., process patents or use patents) bolster portfolio defenses.
2. For Generics and Competitors:
Infringement risks are high if similar compounds fall within the patent claims. Designing around the claims involves identifying modifications outside the scope or challenging the patent's validity through prior art.
3. For Licensing and Collaboration:
The patent offers pathways for licensing agreements, especially within proprietary indications or formulations, enhancing revenue streams.
Conclusion
KR101019363 exemplifies a strategically drafted compound patent, balancing broad structural claims with focused therapeutic use claims. Its placement within South Korea's vigorous patent landscape highlights the importance of comprehensive patent strategies incorporating multiple protection layers. The patent’s scope effectively guards against generic competition but must be continually defended against validity challenges, especially as the pharmaceutical industry advances with new derivatives and formulations.
Key Takeaways
- The patent's broad structural and use claims confer strong exclusivity potential within South Korea, especially for novel therapeutic compounds.
- Navigating patent validity necessitates ongoing prior art surveillance due to aggressive patenting trends in similar drug classes.
- Building a holistic patent strategy involves filing related process and formulation patents to preempt potential design-arounds.
- The patent landscape for pharmaceuticals in South Korea remains highly competitive, demanding vigilant enforcement and strategic licensing.
- Patent owners should consider cross-jurisdictional patent family protection to maximize worldwide exclusivity.
FAQs
Q1: How does the scope of KR101019363 compare to similar global patents?
A1: It likely covers a broad class of compounds and use indications, similar to global patents, but with specific structural claims tailored to South Korea’s patent laws, which may favor precise structural disclosure.
Q2: Can generics bypass this patent by modifying the compound?
A2: If modifications fall outside the scope of the patent claims—either structurally or functionally—they may be considered non-infringing. However, competitors may challenge the patent's validity if modifications are deemed obvious or anticipated.
Q3: What strategies can patent holders use to extend patent protection?
A3: Filing for secondary patents such as formulations, combinations, or methods of use, as well as maintaining and enforcing existing patents, are common strategies.
Q4: What is the significance of the patent's filing and grant dates?
A4: The filing date establishes priority, influencing patent validity against prior disclosures. The grant date signifies patent enforceability, typically 1-3 years post-filing, depending on application backlog.
Q5: How does patent enforcement work in South Korea’s pharmaceutical sector?
A5: Enforcement involves litigation through the Patent Court or civil courts, with patent validity often challenged via invalidation petitions post-grant. Data exclusivity and supplementary protection certificates may also provide additional market barriers.
Sources:
[1] Korean Intellectual Property Office (KIPO). Patent KR101019363.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] KIPO Patent Examination Guidelines.
[4] Market reports on South Korea pharmaceutical patent trends.
