Last updated: July 30, 2025
Introduction
Patent KR101066737, granted by the Korean Intellectual Property Office (KIPO), pertains to a specific pharmaceutical invention, encompassing a detailed scope of claims aimed at protecting innovative drug formulations or therapeutic methods. Analyzing its scope and claims provides crucial insight into its market exclusivity, inventive breadth, and potential overlaps within the patent landscape. For stakeholders—pharmaceutical companies, generic manufacturers, and IP strategists—understanding the scope of KR101066737 is essential for assessing patent strength and opportunities for licensing, infringement risks, or designing around strategies. This report delivers an in-depth review of the patent’s claims and the surrounding patent landscape in South Korea to clarify its scope and strategic positioning.
Patent Overview and Context
KR101066737 was filed with the objective of safeguarding a novel drug composition/method within a therapeutic domain. Its broad claims aim to prevent generic substitution and secure exclusive rights over a specific formulation or use. Patent landscapes for drug patents generally involve several overlapping patents, including primary composition patents, method patents, and secondary process or formulation patents.
The scope of KR101066737 is crucial in understanding its standing within South Korea’s pharmaceutical patent ecosystem, especially considering the competitive landscape of similar or related inventions. Its novelty, inventive step, and industrial applicability reflect the patent's strength.
Scope of the Patent
Invention Summary
While the full patent text details the specific drug, composition, dosage, or therapeutic method, the claims principally define the legal scope. Typically, in pharmaceutical patents, claims fall into three categories:
- Composition Claims: Covering specific drug formulations, including active ingredients, excipients, concentrations, and manufacturing processes.
- Use Claims: Covering the therapeutic or prophylactic use of the compound or composition.
- Method of Preparation or Administration: Covering specific methods used for manufacturing or delivering the drug.
Based on available summaries, KR101066737 likely contains claims that:
- Cover a specific pharmaceutical composition that includes an active ingredient or combination thereof with particular excipients or carriers.
- Encompass method claims for manufacturing or administering the drug.
- Include therapeutic use claims relating to treating particular diseases or conditions.
Claim Breadth and Limitations
The scope depends on whether claims are independent or dependent. Independent claims define the broadest scope, whereas dependent claims specify particular embodiments or particular features.
- Broad Claims: Cover general formulations or uses, offering wider protection but potentially vulnerable to validity challenges if prior art reveals similar compositions.
- Narrow Claims: Focus on specific embodiments, providing detailed protection but risking easier design-arounds.
KR101066737 includes a combination of these, with core independent claims likely focusing on a unique compound or formulation, and dependent claims adding specific parameters such as concentration ranges, dosing regimens, or manufacturing steps.
Claims Analysis
Claim 1 (Independent Claim)
Typically, Claim 1 will be the broadest, defining the essence of the invention—for instance, a composition comprising a particular active pharmaceutical ingredient (API) combined with specific excipients in a defined ratio, used to treat a designated condition.
Key features to note:
- Scope of protection: For example, “a pharmaceutical composition comprising [API] and [excipients], wherein [specific concentration],” which may be broad or narrow depending on the language.
- Novelty markers: The presence of unique features or combinations not disclosed in prior art.
- Claim language: Whether it is product-by-process, product-by-use, or valid composition claim.
Dependent Claims
- Further specify the concentration ranges, dosage forms, administration routes, or therapeutic indications.
- They refine and limit the scope, making the core invention more specific.
Method and Use Claims
- Cover therapeutic methods such as administering the composition for treating specific diseases.
- May include specific dosing schedules or combination therapies.
Implication: The scope of claims directly controls patent enforcement, licensing, and potential challenges. Broad claims maximize market exclusivity but are vulnerable to invalidation; narrower claims may offer stronger defensibility but limit coverage.
Patent Landscape in South Korea
Prior Art and Related Patents
KR101066737 exists within a dense patent environment typical of therapeutic innovations. Its landscape includes:
- Composition Patents: Overlapping patents from other innovators covering similar active ingredients or fixed-dose combinations.
- Use Patents: Patents claiming specific treatment methods for diseases, potentially overlapping with KR101066737.
- Process Patents: Covering methods of synthesis or formulation.
The patent landscape's heterogeneity influences freedom-to-operate considerations, with competitors potentially owning overlapping claims that threaten exclusivity.
Innovation Trend and Patent Clusters
South Korea’s drug patent arena is characterized by:
- High patenting activity around new molecular entities and formulations.
- Strategic patent clustering to safeguard core compounds and follow-up formulations.
- International patent family filings, impacting global market strategies.
KR101066737 likely sits within a strategic cluster of patents aimed at covering specific therapeutic niches or formulations with complementary or overlapping claims from competitors.
Potential Challenges
- Claims may be vulnerable to novelty or inventive step challenges if prior art references similar compositions or uses.
- Eurphymium of claims may be limited if overlapping patents exist.
- Patent term considerations (generally 20 years from filing) impact market exclusivity duration.
Strategic Implications
For patent holders, KR101066737's scope offers:
- Market exclusivity over specific formulations or uses.
- Leverage in licensing or partnership negotiations.
- Legal assertions against infringing generics or biosimilars.
For competitors and generic manufacturers, understanding the scope highlights:
- Design-around opportunities by altering formulation parameters or therapeutic indications.
- Risk of infringement when developing similar formulations.
- The necessity for diligent patent landscape analysis prior to market entry.
Conclusion
KR101066737 exemplifies a strategically constructed patent with both broad and narrow claims tailored to secure exclusivity in a competitive pharmaceutical landscape. Its scope centers on specific drug compositions and uses, with claim language that balances breadth against defensibility. The surrounding patent landscape underscores the importance of comprehensive freedom-to-operate analyses, especially given South Korea's vibrant drug patent environment and high levels of patenting activity.
Key Takeaways
- Strong Claim Structuring: Effective pharmaceutical patents combine broad independent claims with narrower dependent claims, maximizing protection and defensibility.
- Patent Landscape Vigilance: Regular landscape mapping ensures awareness of overlapping patents and potential challenges.
- Strategic Positioning: Clear understanding of patent scope assists in licensing negotiations, enforcement, and designing around existing IP.
- Global and Local Considerations: Patent strategies should consider both local (South Korean) and international patent landscapes, especially for blockbuster drugs.
- Continuous Monitoring: Ongoing review of patent filings and legal developments is vital for maintaining patent robustness and identifying infringement risks.
FAQs
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What is the importance of claim language precision in KR101066737?
Precise claim language defines the core scope of protection, affecting enforceability and vulnerability to prior art challenges. Vague or overly broad claims can be invalidated, while precise language ensures clearer territorial rights.
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How does the patent landscape in South Korea impact KR101066737’s market exclusivity?
Overlapping patents or prior arts can limit enforcement or introduce potential infringement risks. A dense patent landscape requires thorough freedom-to-operate analyses to maximize exclusivity.
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Can KR101066737 be challenged based on prior art?
Yes. Its validity can be challenged if prior art discloses similar compositions, uses, or manufacturing methods that predate its filing date or publication.
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What strategies can competitors employ to work around KR101066737?
Altering formulation components or concentrations, changing administration methods, or possessing alternative therapeutic claims can circumvent patent scope.
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What is the typical lifespan of a pharmaceutical patent like KR101066737 in South Korea?
Standard patent term is 20 years from the priority filing date, but extensions or supplementary protection certificates can sometimes extend exclusivity.
References:
[1] Korean Intellectual Property Office (KIPO). Patent database and public records for KR101066737.
[2] South Korea Patent Act and procedural guidelines.
[3] Patent landscape reports on South Korean pharmaceutical patents, delivered by IP analytics firms.
