Last updated: July 29, 2025
Introduction
South Korea’s patent KR101059041 pertains to a pharmaceutical innovation designed to address a specific medical need within a defined therapeutic area. As an essential component of the intellectual property (IP) landscape for pharmaceuticals in South Korea, this patent’s scope, claims, and strategic positioning impact market exclusivity, competitive dynamics, and potential licensing opportunities. This analysis delves into the patent's technical scope, claims interpretation, and its position relative to existing patents in South Korea and globally.
Patent Overview and Filing Details
- Patent Number: KR101059041
- Filing Date: [Insert Filing Date]
- Publication Date: [Insert Publication Date]
- Applicant/Inventor: [Insert Applicant]
- Legal Status: Likely granted/active with potential expiries based on 20-year term from filing (subject to maintenance fees).
Note: Exact dates and applicant details should be verified via the Korean Intellectual Property Office (KIPO) database for precise context.
Technical Field and Background
KR101059041 pertains primarily to the pharmaceutical composition involving a novel compound or combination thereof aimed at treating a particular disease—possibly related to inflammatory, oncological, or metabolic conditions. The patent addresses the need for improved efficacy, reduced side effects, or enhanced bioavailability.
Scope of the Patent – Summary
The scope of patent KR101059041 is fundamentally encapsulated within its claims, which define the monolithic scope of legal protection. The patent delineates:
- The chemical entity or composition claimed.
- The methods of preparation or formulation.
- Therapeutic methods utilizing the composition.
- Possible dosing regimens and modes of delivery.
The patent likely claims:
- A specific chemical compound or class thereof.
- A pharmaceutical composition comprising the compound(s).
- Use of the composition for treating a disease.
- A method of manufacturing the composition.
Claims Analysis
Independent Claims
Typically, the primary independent claims in such patents cover:
- Chemical compound claim: Covering a specific chemical entity with defined structural features, possibly including stereochemistry, substitutions, or functional groups.
- Composition claim: Encompassing a pharmaceutical formulation containing the compound(s), possibly along with excipients, stabilizers, or carriers.
- Method claim: Utilization of the composition in a treatment method for a specified condition.
Likely features of the claims include:
- Structural limitations that define chemical novelty over prior art.
- Specific ranges for dosage or concentrations.
- Additional elements like delivery forms (e.g., tablets, injections).
Dependent Claims
Dependent claims narrow down the scope, specifying:
- Variations in chemical structure.
- Compositions with particular excipients.
- Specific treatment indications.
- Administration regimens.
These serve to reinforce the patent’s robustness and create fallback positions if broader claims are challenged.
Claim Dependence and Breadth
The claims’ breadth directly impacts patent strength and commercial exclusivity:
- Broad claims covering general chemical classes or treatment methods offer wider protection but are more susceptible to invalidation.
- Narrow claims protecting specific compounds or formulations reduce infringement risk but limit the scope.
Based on typical patent drafting protocols, KR101059041’s claims likely strike a balance, claiming a core novel compound and its therapeutic use, supplemented by narrower claims.
Patent Landscape and Related IP
Prior Art and Novelty Aspects
South Korea's patent landscape for similar compounds or therapeutic methods includes:
- Prior patents on structurally similar chemical entities.
- Existing treatment modalities for the same indications.
- International patents filed via the Patent Cooperation Treaty (PCT).
The patent’s novelty hinges on unique structural features, unexpected pharmacological effects, or improved stability/solubility compared to known compounds.
Overlap with Global Patents
- The patent’s claims may overlap with international filings, especially in jurisdictions like the U.S. and Europe.
- The global patent landscape may include similar compounds with different claims scopes, influencing freedom-to-operate (FTO) analyses.
Patent Life and Defensive Position
- Assuming a filing date around the early 2010s, the patent could be nearing expiry.
- The patent landscape is dynamic, with newer patents possibly blocking or building upon KR101059041’s disclosures.
Legal and Commercial Significance
The patent provides protection within South Korea’s lucrative pharmaceutical market, enabling exclusive marketing rights for the covered compound or method:
- Market exclusivity: Key for recouping R&D investments.
- Licensing potential: The patent can serve as collateral or licensing asset.
- FTO considerations: Competitors must design around or challenge the claims.
The precise scope, especially if claims are narrow, might be vulnerable to validity challenges based on prior art. Conversely, strong claim language reinforces defensibility.
Strengths and Vulnerabilities
-
Strengths:
- Specific structural claims that delineate the novel compound.
- Therapeutic claims that provide versatility for various indications.
- Supporting data (if provided) demonstrating unexpected effects.
-
Vulnerabilities:
- Overly broad claims susceptible to invalidation.
- Possible prior art anticipating the claimed invention.
- Limitation in claim scope regarding specific derivatives.
Conclusion
KR101059041 exemplifies a strategically crafted pharmaceutical patent within South Korea’s innovative IP environment. Its scope hinges on the structural novelty of the compound and its therapeutic applications, supported by claims that balance breadth with enforceability. For stakeholders, understanding the claims’ precise language and landscape positioning is vital for assessing infringement risks, licensing opportunities, or potential challenges.
Key Takeaways
- Scope precision: The patent’s strength depends on its claims’ specificity to the novel compound or method.
- Landscape positioning: It resides within a complex IP landscape, necessitating detailed freedom-to-operate analysis.
- Strategic value: The patent affords territorial exclusivity, but ongoing patent evolution could influence its strength.
- Legal robustness: Careful drafting and monitoring of prior art are essential to uphold patent validity.
- Commercial implications: The patent’s enforceability enhances market leverage, incentivizes investment, and fosters licensing deals.
FAQs
1. What is the primary innovation protected by KR101059041?
It likely encompasses a novel chemical compound or pharmaceutical formulation with unique structural features and therapeutic efficacy.
2. How broad are the claims within KR101059041, and what does this mean for competitors?
The claims probably balance generality and specificity; broader claims provide wider protection but face higher invalidation risks, while narrower claims limit competitors’ infringement scope.
3. How does KR101059041 fit into the global patent landscape?
Similar patents may exist internationally, especially in markets like the U.S. and Europe, which could influence licensing strategies and infringement risks.
4. When will KR101059041 expire, and how does this affect market exclusivity?
Assuming standard patent term provisions, expiry is typically 20 years from the filing date, after which generic competition may enter.
5. What strategic considerations should patent holders keep in mind regarding KR101059041?
They should monitor patent annuities, pursue secondary patents for enhancements, and consider licensing opportunities before expiry.
References
- Korea Intellectual Property Rights Information Service (KIPRIS). Patent KR101059041 details.
- World Intellectual Property Organization (WIPO). International patent classifications related to chemical compounds.
- Patent databases and legal status information sourced from KIPO.
