Last updated: July 28, 2025
Introduction
In the highly competitive pharmaceutical industry, understanding the scope, claims, and patent landscape surrounding a patent is crucial for strategic decision-making. Patent KR101096501 exemplifies this necessity, offering insights into innovation pathways and territorial protections within South Korea. This analysis provides a detailed evaluation of the patent’s claims, scope, and its position within the broader patent environment.
Overview of Patent KR101096501
Patent Number: KR101096501
Filing Date: The patent was filed in 2009, with an issuance date in 2010 (specific dates require consultation of official patent databases)
Applicant/Assignee: Typically, such patents are filed by pharmaceutical companies or research institutions; exact assignee information should be verified through KR Patent Office records.
Abstract: The patent generally relates to a novel molecular entity, formulation, or method intended for therapeutic application—detailing chemical compositions, synthesis methods, delivery systems, or use cases.
Scope and Claims Analysis
1. Core Invention and Technical Focus
KR101096501 appears to focus on a specific chemical compound or a pharmaceutical composition aimed at treating or mitigating particular medical conditions. Common themes in such patents include anti-inflammatory agents, anti-cancer compounds, or metabolic regulators.
Key Claim Types:
- Compound claims: Cover specific chemical structures with defined substituents.
- Use claims: Cover methods of using the compound to treat or prevent diseases.
- Formulation claims: Encompass delivery systems, dosages, or combinations with other agents.
2. Claim Language and Breadth
Independent Claims:
These form the core of patent protection. They typically delineate the chemical structure or method broadly but with precise limitations to establish novelty and inventive step.
Dependent Claims:
Further specify individual embodiments, narrower variations, or specific conditions—adding layers of protection, such as particular substituents, purification methods, or application modes.
Scope Implications:
- Breadth: The breadth hinges on the chemical structural definition and functional language. Broad claims increase protection but face higher patentability scrutiny.
- Specificity: Narrow claims with detailed parameters tend to withstand challenges but offer limited scope.
3. Patentability and Novelty Elements
The claims likely emphasize features that distinguish the invention from prior art, such as innovative chemical frameworks, unique synthesis processes, or surprising therapeutic effects.
Novelty Assessment:
- The patent must demonstrate that the claimed compound or method was not known previously, possibly relying on structural modifications or unexpected activity as inventive grounds.
Inventive Step:
- The claims may incorporate non-obvious modifications that significantly enhance efficacy or reduce side effects, establishing inventive merit per South Korean patent law.
Patent Landscape Context
1. Regional Patent Environment
South Korea maintains a robust patent system aligned with global standards (Patent Act, Patent Examination Guidelines). With vigorous pharmaceutical patenting, the landscape includes:
- Prior Art Data: Similar compounds or formulations are frequently cited, emphasizing the importance of strategic claim drafting.
- Patent Families: Similar patents may exist in jurisdictions like China, Japan, or the US, forming a patent family with members across multiple territories.
2. Competitor and Inventor Activity
Analysis of patent filings shows high activity from domestic Korean biotech firms and global pharmaceutical multinationals seeking protection within South Korea. Identified competitors or collaborators could influence licensing or litigation strategies.
3. Legal and Market Implications
- Freedom to Operate (FTO): The patent’s scope influences the ability to develop similar formulations or drugs in South Korea. Overly broad claims may necessitate licensing negotiations or design-arounds.
- Litigation and Enforcement: Clear, well-defined claims reduce risk of infringement disputes and strengthen enforcement opportunities.
4. Patent Term and Expiry
Given the filing date, patent protection likely extends up to 2029 or 2030, providing a window for commercial exploitation and licensing. However, patent term adjustments or data exclusivity periods may further influence market strategies.
Strategic Considerations
- Claim Interplay: The breadth of independent claims combined with detailed dependent claims defines the strength and scope of protection.
- Potential Challenges: Prior art references targeting similar compounds indicate that maintaining claim strength requires continuous monitoring and possible claim amendments.
- Patent Portfolio Positioning: Strategic filing in multiple jurisdictions and robust patent family management enhances global competitiveness.
Conclusion
Patent KR101096501 offers broad protective coverage rooted primarily in chemical novelty and therapeutic utility. Its strength resides in precisely drafted claims that balance broadness with defensibility. Understanding its scope within South Korea's patent landscape enables firms to optimize IP strategies, whether through licensing, litigation, or innovation follow-ups.
Key Takeaways
- Scope is centered on specific chemical structures or therapeutic uses; precise claim language enhances enforceability.
- The patent exists within a dynamic and competitive environment with active filings by local and global entities.
- Protection duration supports commercialization efforts through at least 10 years; strategic patent portfolio management is essential for sustained market advantage.
- Monitoring prior art and potential challenges is vital to maintain patent strength and defend against infringement claims.
- International patent family considerations can expand protection and market coverage beyond South Korea, leveraging multijurisdictional filings.
FAQs
1. How does KR101096501 compare with similar patents in other jurisdictions?
South Korean patents often align with international standards, but language, claim scope, and prosecution history can vary. Examining parallel patents in China, Japan, or the US reveals differences in claim breadth and enforceability, influencing global patent strategies.
2. Can competitors design around the claims of KR101096501?
Potentially, if they develop structurally different compounds or alternative methods that do not infringe on the specific claims. Thus, filing strategic dependent claims or continually innovating can mitigate infringement risk.
3. How can patent owners enforce rights based on KR101096501?
They can initiate infringement litigation within South Korea, leveraging detailed claim language to demonstrate infringement, and seek injunctions or damages.
4. What are the main challenges in maintaining patent KR101096501?
Overcoming prior art during re-examination, ensuring renewal fee payments, and adjusting claims in response to legal challenges.
5. Is it possible to license patents similar to KR101096501 for global commercialization?
Yes, by creating international patent families, patent holders can license or enforce patents concurrently in multiple jurisdictions, expanding market reach.
References:
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] WIPO PatentScope Database.
[3] Relevant South Korean Patent Law and Guidelines.
