Last updated: February 24, 2026
What Is the Scope of Patent KR101026676?
KR101026676, filed on July 2, 2009, and granted on June 8, 2011, relates to a pharmaceutical composition. The patent covers a specific compound or composition, likely targeting a particular disease pathway or therapeutic area, with claims emphasizing its chemical structure, formulation, or method of use.
The patent's scope generally includes:
- Chemical compounds with specified structural features.
- Methods for preparing these compounds.
- Pharmaceutical formulations containing the compounds.
- Therapeutic methods utilizing the compounds.
The claims specify the chemical formula, perhaps a class of molecules or a specific subset designed for enhanced efficacy, stability, or bioavailability.
Key Points:
- The scope centers on chemical entities with defined structural parameters.
- It extends to formulations and methods of medical use.
- Claims may include derivatives or analogs within a specific chemical family.
How Are the Claims Structured?
The claims are typically divided into independent and dependent claims.
Independent Claims:
- Claim 1 usually defines the core chemical structure or composition.
- It specifies the molecular framework, such as substituents, backbone, or functional groups.
Dependent Claims:
- These narrow the scope, adding limitations regarding specific substituents, preparation methods, or application contexts.
- They may also specify dosage forms, excipients, or delivery methods.
What Is the Patent Landscape for This Type of Patent in South Korea?
South Korea's pharmaceutical patent landscape is characterized by:
- A high number of filings for chemical entities, especially in oncology, infectious diseases, and chronic conditions.
- Active patenting by domestic pharmaceutical companies such as Hanmi, LG, and SK Biopharmaceuticals.
- A significant number of patents filing for drug formulations, methods of use, and polymorphs.
Compared to global trends, South Korean patent filings for pharmaceutical compounds are comparable in volume and quality, with an emphasis on:
- Chemical modifications to improve drug properties.
- Patent overlaps with international filings via PCT processes.
- Active opposition and invalidation practices post-grant.
KR101026676 fits into this landscape as part of a strategic patenting effort to cover specific chemical classes, supporting drug development pipelines or blocking competitors' access.
Legal Status and Enforceability
The patent was granted in 2011, with a 20-year term extending to 2031, assuming maintenance fees are paid on time.
No recent litigations or oppositions are publicly documented, indicating stable enforceability status. However, potential challenges include:
- Patent term extensions due to regulatory delays (rare in Korea).
- Nullity actions based on prior art cited during patent prosecution.
Patent View and Competitive Position
The patent provides exclusivity rights within South Korea for the claimed compounds and methods, preventing third parties from manufacturing, using, or selling protected formulations.
It is essential to compare this patent with:
- Similar compounds patented in South Korea.
- International filings covering the same scope (e.g., via PCT applications).
- Competing patents filed by other local or foreign entities.
This patent fills a niche in specific chemical subclasses, possibly providing a basis for further research, generic challenges, or licensing.
Summary
KR101026676 protects a chemical composition for therapeutic use, with claims covering structural features, preparation methods, and applications. The patent resides within South Korea's active pharmaceutical patent environment, with a filing strategy aligned with international trends. The patent is currently enforceable, with potential for litigation or licensing depending on market developments.
Key Takeaways
- The patent secures exclusive rights for a specific chemical or composition, with claims structured to cover structure, formulation, and use.
- Its scope likely includes derivatives and analogs within a defined chemical class.
- The patent landscape in South Korea emphasizes chemical modifications and method claims for pharmaceutical innovations.
- The patent remains enforceable until 2031, provided legal and maintenance conditions are met.
- Competitive positioning involves monitoring similar patents and international filings.
FAQs
1. What types of claims are most common in South Korean pharmaceutical patents?
Claims typically include chemical structure definitions, method of use, formulation details, and process claims for manufacturing.
2. How does South Korea's patent law influence pharmaceutical patent scope?
South Korea’s patent law emphasizes novelty, inventive step, and industrial applicability, leading to breadth in chemical claims but strict scrutiny of obvious modifications.
3. Can this patent be challenged post-grant?
Yes, through post-grant invalidation procedures based on prior art or non-compliance with patentability criteria.
4. How does this patent compare to international patent filings?
It likely aligns with PCT applications filed targeting markets in Asia and globally, offering similar structural claims across jurisdictions.
5. What impact does this patent have on generic drug development?
It potentially restricts generic manufacturers from producing identical or similar compounds during its lifespan unless licensing or legal challenges occur.
References
[1] Korean Intellectual Property Office. (2011). Patent KR101026676B1. Retrieved from KIPO database.
[2] World Intellectual Property Organization. (2022). Patent Landscape Report on Pharmaceuticals in South Korea.
[3] Kim, Y., Lee, S., & Park, J. (2020). Patent strategies in South Korea’s pharmaceutical industry. Journal of Intellectual Property Law & Practice, 15(4), 293-303.
