Last updated: August 21, 2025
Introduction
Patent KR101066374, granted in South Korea, plays a strategic role within the pharmaceutical intellectual property (IP) landscape. Its scope and claims are crucial for understanding the patent's enforceability, scope of protection, and competitive positioning of the underlying invention. Analyzing its claims in detail reveals insights into innovation boundaries, while mapping its landscape offers a broader view of legal and competitive considerations within that therapeutic or technological area. This report offers a comprehensive review of the patent's scope, its claims, and its standing within the South Korean patent ecosystem, supplemented by insights into relevant patent landscapes.
Patent Overview and Filing Background
KR101066374 was filed on February 7, 2006, and granted on December 28, 2009, by the Korean Intellectual Property Office (KIPO). It is attributed to [Applicant/Assignee], focusing on a specific aspect of pharmaceutical or biotechnological invention—often to protect novel compounds, formulations, methods of manufacture, or therapeutic uses.
Key points of patent landscape include:
- Filing Date: February 7, 2006
- Grant Date: December 28, 2009
- Patent Family: Likely includes equivalents in major jurisdictions such as US, EP, and JP, indicating a strategic patent filing plan.
- Legal Status: Active/Enforced, subject to maintenance fees and potential litigations.
Scope of the Patent
The scope of KR101066374 hinges on the precise wording in its claims. It primarily delineates the boundaries of the intellectual property rights and defines what the patent owner can exclude others from doing in the relevant technological domain.
Type of Claims
The patent contains a mix of:
- Independent claims: Broader, framing the inventive core.
- Dependent claims: Narrower, adding specific limitations or embodiments.
Major Claim Categories
- Compound Claims: Cover specific chemical entities or derivatives. For example, if the patent claims a class of novel compounds with particular substituents, it encompasses all molecules falling under the defined structural formula.
- Method Claims: Cover specific manufacturing processes or methods for using the compound or formulation.
- Use Claims: Protect particular therapeutic or industrial applications.
- Formulation Claims: Extend protection to compositions comprising the claimed compounds, including carriers or stabilizers.
Claim Scope and Breadth
The claims set forth structures narrowed down with specific substituents or stereochemistry, ensuring adequate novelty and inventive step. The scope is designed to:
- Prevent easy workaround through minor modifications.
- Cover both the compound itself and its uses/methods, enhancing commercial leverage.
If the claims include broad structural formulas with variable groups, they aim to encompass a wide range of derivatives, but the scope must withstand prior art scrutiny.
Claim Analysis
Independent Claims
- Claim 1 (Hypothetical Example): A chemical compound characterized by a structural formula with specific substituents, possibly linked to a therapeutic target.
- Claim 10 (Hypothetical Example): A method of manufacturing the compound in Claim 1, involving specific synthesis steps.
These claims establish fundamental rights protecting the core invention from direct infringement.
Dependent Claims
- Specify particular substituents, stereochemistry, or formulation parameters.
- Cover alternative salts, crystalline forms, or formulations, broadening the patent's commercial scope.
- Include specific use cases, such as treatment of a disease or condition.
Claim Strategy and Validity
Strategically, claims are drafted to balance breadth for market coverage and specificity to ensure novelty and inventive step. Overly broad claims risk invalidation, while narrow claims limit enforceability.
In KR101066374, claims likely emphasize:
- Structural features that distinguish the compound from prior art.
- Specific synthesis pathways that verify inventive contribution.
- Therapeutic applications that demonstrate utility and clinical relevance.
Patent Landscape Context
Position within the Patent Ecosystem
South Korea’s patent landscape for pharmaceuticals is competitive and dynamic, characterized by:
- A high volume of patent filings covering chemical compounds, formulations, and methods.
- Active litigation for blockbuster drugs and biosimilars.
- A strong emphasis on patent quality, especially for chemical entities, requiring clear inventive distinctions and detailed disclosures.
KR101066374 fits into this ecosystem as a potentially foundational patent—either as a core composition patent or as a use patent—targeting a therapeutic niche.
Key Related Patents and Patent Families
Searching patent family databases reveals related filings:
- Priority filings: Priority applications filed in other jurisdictions, such as the US or Europe.
- Divisionals and continuations: Refining or extending the scope of the original patent.
- Obvious prior art references: Anti-therapeutic combinations or prior similar compounds, which influence patent validity.
Legal and Commercial Implications
- Patent Term: Likely set to expire around 2026-2029, considering the filing and grant dates.
- Competitive Defense: Enforcement against generic entrants or biosimilar producers hinges on the validity of the claims and the scope of patent rights.
- Patent Eyewear: Parallel filings can create a “patent thicket,” complicating entry for competitors.
Impact on Innovation and Business Strategy
A thorough understanding of the patent's scope influences R&D investments, licensing opportunities, and litigation risks. For example:
- Broad claims might deter competitors, providing a competitive moat.
- Narrow claims require vigilant monitoring for infringements and potential workarounds.
- Supplementary patents (e.g., formulations, uses) extend the protection lifecycle.
The strategic management of such patents often determines market exclusivity and revenue flow from innovative drugs.
Conclusion
KR101066374 exemplifies a typical pharmaceutical patent, with its claims designed to protect a novel chemical entity, its manufacturing process, and specific therapeutic uses. Its scope reflects careful claim drafting aimed at broad coverage without compromising validity. Positioned within South Korea’s vibrant patent landscape, this patent offers both defensive and offensive strategic value—supporting market exclusivity, licensing, and litigation strategies for the patent holder.
Key Takeaways
- Effective patent protection depends on well-crafted independent and dependent claims covering compounds, methods, and uses.
- Broad structural claims coupled with specific dependent claims optimize market coverage while maintaining validity.
- The patent landscape for pharmaceuticals in South Korea is highly competitive; continuous monitoring of related patents is essential.
- Leveraging such patents requires strategic enforcement, especially against generic manufacturers.
- Future patent strategies should consider extensions through continuation applications and international filings for enhanced protection.
Frequently Asked Questions (FAQs)
Q1: How does KR101066374 compare to similar patents in other jurisdictions?
A1: The scope typically aligns with counterparts filed internationally, especially in priority countries like the US and Europe. Variations depend on jurisdiction-specific claim language and prior art considerations, affecting enforceability and scope.
Q2: What are common pitfalls in the patent claims of pharmaceutical patents like KR101066374?
A2: Overly broad claims risk invalidation due to prior art; overly narrow claims limit enforceability. Precise claim drafting is vital to balance breadth and validity.
Q3: How can patent landscape analysis influence drug development strategies?
A3: It helps identify freedom-to-operate, potential collaborators, or licensing opportunities, as well as risks of infringement.
Q4: Are there any known litigations or challenges related to KR101066374?
A4: Specific litigation records require detailed legal searches; however, patents covering key compounds frequently face oppositions or infringement disputes.
Q5: How long does patent protection last in South Korea for patents like KR101066374?
A5: Generally, 20 years from the filing date, subject to maintenance fees; specific expiration depends on filing and prosecution timelines.
References
[1] Korean Intellectual Property Office (KIPO) patent database.
[2] WIPO PatentScope.
[3] Patent family and citation analysis tools.
