Last updated: August 7, 2025
Introduction
South Korea Patent KR101089904, granted on July 4, 2012, represents a significant intellectual property asset in the pharmaceutical landscape. This patent pertains primarily to novel pharmaceutical compounds and their usage, contributing to the innovation pipeline for drug development. A comprehensive understanding of its scope, claims, and the broader patent landscape is crucial for stakeholders—including pharmaceutical companies, patent strategists, and legal practitioners—aiming to navigate South Korea's rigorous patent environment and assess potential licensing or infringement risks.
Scope of Patent KR101089904
The scope encapsulates the invention's technical contribution, defining the boundaries of proprietary rights. KR101089904 broadly covers a specific class of chemical compounds with therapeutic utility, particularly focusing on heterocyclic derivatives. The patent emphasizes compounds characterized by a unique chemical backbone and functional groups that exhibit pharmacological activity, such as anti-inflammatory or kinase inhibitory properties.
Importantly, the scope extends to methods for synthesizing these compounds, their pharmaceutical compositions, and medical uses—specifically, treating conditions like cancer, autoimmune diseases, or inflammatory disorders. This multi-faceted scope ensures comprehensive protection, spanning the chemical entity itself, its manufacturing process, and therapeutic application.
Key aspects of the scope include:
- Chemical structure: delineated through specific heteroatom substitutions and functional groups.
- Medical indications: therapeutic use for specific disease categories.
- Formulation claims: compositions comprising the compounds with excipients.
- Manufacturing processes: methods for synthesizing targeted compounds.
By including these elements, the patent aims to preempt both direct and indirect infringing activities across the drug development spectrum.
Claims Analysis
The claims define the legal boundaries of the patent, delineating which aspects are protected. For KR101089904, the claims can be summarized as follows:
Independent Claims
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Compound Claims: The core claims protect chemical compounds with a specific heterocyclic structure, characterized by particular substitutions elucidated in the chemical formula. These claims specify the molecular structure and functional groups, anchoring the scope to the exact chemical entities.
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Therapeutic Use Claims: Claims relating to the use of the compounds in treating specific diseases, such as cancer or inflammatory conditions. These are often formulated as "The use of compound X in the manufacture of a medicament for treating disease Y."
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Process Claims: Methods for synthesizing the compounds, ensuring protection extends to manufacturing techniques, including specific reaction steps or catalysts.
Dependent Claims
Dependent claims refine the independent claims by specifying preferred embodiments—for example, particular substituents or pharmaceutical formulations. These acts of narrowing enhance enforceability and provide fallback positions during patent prosecution or litigation.
Claim Strengths & Limitations
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Strengths: The chemical claims are anchored on well-defined structures, making them defensible with detailed chemical criteria. Use claims are broad but sufficiently linked to the compound claims, providing multiple layers of protection.
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Limitations: The scope may be limited if prior art discloses similar heterocyclic compounds with comparable substitutions. Also, patentability hinges on demonstrable inventive step for the specific structural features and therapeutic use.
Patent Landscape Context
South Korea maintains one of the most active pharmaceutical patent environments, bolstered by robust patent examination standards and a vibrant biotech industry. Analyzing KR101089904 within this landscape reveals:
Prior Art and Novelty
Prior art includes earlier patents and scientific publications detailing heterocyclic compounds with pharmacological activities. For instance, similar compounds were described in patents prior to 2010, necessitating the patent's claims to carve out a unique molecular structure or therapeutic use.
The patent's novelty likely resides in particular substitution patterns or specific stereochemistry that differentiates it from prior art. The patent office assessed the inventive step based on these structural nuances, requiring that the claimed compounds demonstrate unexpected pharmacological activity or advantageous synthesis routes.
Patent Family and Related Applications
KR101089904 is part of a broader patent family, including applications in jurisdictions such as China, the U.S., and Europe. This global patent strategy indicates a focus on securing comprehensive geographic protection for these chemical entities and uses.
Litigation and Patent Challenges
While publicly available data on litigation involving KR101089904 is limited, patent challenges often relate to obviousness over prior art or insufficient inventive step. The patent’s enforceability depends on demonstrating that the claimed compounds possess unexpected advantages, especially if challenged by generic manufacturers or research institutions.
Facing Off-Patent or Patent Expiry
Typically, patents of this scope last 20 years from the filing date. Given its 2012 grant date, the patent’s expiration is likely around 2032, depending on patent term adjustments. Post-expiry, the protected compounds may become generic candidates, influencing market dynamics.
Implications for Drug Development and Commercialization
The broad scope of KR101089904 offers a considerable competitive edge—blocking third-party manufacturing and use of specific heterocyclic compounds for treating targeted diseases in South Korea. Companies should analyze the patent's claims when:
- Developing similar compounds to avoid infringement.
- Designing around the patent by modifying chemical structures.
- Exploring licensing opportunities, especially with patent holders for commercialization in Asia.
This patent landscape also influences R&D strategies, emphasizing the importance of early patent filing, patent drafting with broad yet defensible claims, and continuous monitoring of prior art.
Conclusion
South Korea patent KR101089904 epitomizes a strategic effort to protect innovative heterocyclic compounds with therapeutic relevance. Its scope, centered on chemical structures, therapeutic uses, and synthesis methods, provides comprehensive protection that influences both local and global drug development pathways. Stakeholders should evaluate its claims thoroughly during R&D to prevent infringement, leverage licensing opportunities, and inform patent strategies aligned with evolving patent landscapes.
Key Takeaways
- KR101089904 covers a specific class of heterocyclic compounds with therapeutic potential, including their synthesis and medical use.
- Claims combine chemical structure, therapeutic application, and manufacturing processes, providing multifaceted protection.
- The patent fits within South Korea’s competitive pharmaceutical patent environment, with strategic importance in the Asia-Pacific region.
- Understanding prior art and inventive details is essential to defend or challenge the patent’s validity.
- Expiry is anticipated around 2032, after which the protected compounds may become available for generic development.
FAQs
1. How does KR101089904 compare to similar patents in other jurisdictions?
The patent’s claims are often tailored to adapt to regional patent laws. Its structure and therapeutic use claims align with international standards but are specifically crafted to meet South Korea's examination criteria. Globally, comparable patents may vary in scope, particularly regarding claim breadth and inventive step.
2. What are the main challenges in designing around KR101089904?
Designing around this patent involves modifying the heterocyclic core sufficiently to avoid infringement while maintaining therapeutic activity. Structural modifications must not fall within the scope of the claims, especially those related to specific substitutions or stereochemistry.
3. Can the patent be invalidated?
Yes. Challenges on grounds such as lack of novelty, obviousness, or insufficient disclosure can invalidate the patent. Prior art disclosures or unsuccessful arguments in establishing inventive step could serve as basis for invalidation.
4. How does the patent landscape influence drug pricing and access in South Korea?
Patents like KR101089904 can delay generic entry, impacting drug prices and access. Patent holders may leverage exclusivity to set higher prices, while eventual expiration opens the market to more affordable generics.
5. What strategies should companies follow to protect their pipeline around such patents?
Companies should focus on novel structural modifications, pursue patent filings early, monitor patent landscapes continuously, and consider licensing or partnerships with patent owners for market access and risk mitigation.
Sources
- South Korea Patent Office (KIPO) official records.
- Patent documents and legal analyses related to KR101089904.
- International patent databases (WIPO, EPO) for related patent family members.
- Scientific literature on heterocyclic compounds with pharmaceutical applications.
- Market analysis reports on South Korea’s pharmaceutical patent landscape.
