Last updated: July 29, 2025
Introduction
Patent KR101116553, filed in South Korea, pertains to a novel drug invention that contributes to the pharmaceutical field, potentially offering new therapeutic options or improved formulations. Understanding its scope, claims, and broader patent landscape is crucial for industry stakeholders, including generic manufacturers, biotech firms, and patent strategists. This analysis emphasizes the patent's scope, claims, and positional landscape within South Korea’s pharmaceutical patent ecosystem.
Patent Overview and Filing Details
KR101116553 was filed on [Exact filing date not available, assumed from context: circa 2009-2010] and granted on [Grant date not available, approximately 2011-2012]. The patent is held by [Applicant/Assignee Name, if available, e.g., a pharmaceutical company or research institution]. It covers a specific molecule, formulation, or therapeutic method, as detailed in the claims.
In the context of South Korean patent law, this patent provides exclusive rights for 20 years from the filing date, subject to maintenance fees and periodic renewals, offering effective exclusivity until [approximate expiry date, e.g., 2029-2030].
Scope of the Patent
KR101116553 claims a novel pharmaceutical compound or a specific therapeutic formulation/method. Its scope is defined both by specific structural features (if chemical compounds) and by the claimed therapeutic uses. The key aspects of its scope include:
- Chemical Structure Claims: The patent likely covers a specific chemical entity, or a class of structurally related compounds, with modifications that confer improved pharmacokinetics, stability, or selectivity.
- Method of Use: Claims may also encompass the use of the compound for treating particular diseases or conditions prevalent in South Korea, such as certain cancers, infectious diseases, or chronic ailments.
- Formulation and Delivery: Patent protection might extend to specific formulations—such as sustained-release tablets, injections, or combination therapies—that enhance bioavailability or patient compliance.
- Manufacturing Process: Claims could include the process steps for synthesizing the compound, emphasizing novel synthesis routes or purification techniques.
The scope's breadth hinges on claim language—whether it is narrowly limited to a specific compound or broad enough to cover an entire chemical class or therapeutic method.
Claims Analysis
The nature and language of claims are pivotal in defining patent scope:
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Independent Claims:
Typically, independent claims define the core innovation, such as a chemical compound with specific substituents. These claims set the boundary for monopoly rights and are the primary focus during patent enforcement.
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Dependent Claims:
These narrow down the invention by adding specific features—e.g., particular salts, polymorphs, dosage forms, or use claims. They provide fallback positions if independent claims are invalidated.
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Claim Language:
South Korean patent law adheres closely to the European Patent Convention’s standards, emphasizing clarity and support. The claims probably use broad, functional language to maximize protective scope but must remain precise to withstand validity challenges.
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Scope Limitations and Potential Challenges:
- Novelty: The patent must distinguish itself from prior art, including earlier compounds, formulations, or therapeutic methods.
- Inventive Step: The claims likely involve an inventive step over existing drugs or known compounds, possibly through specific modifications that confer unexpected benefits.
- Industrial Applicability: The claims are drafted to show practical utility, which is a requirement under South Korean law.
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Potential for Patent Term Extension or Post-Grant Amendments:
The scope could be amended or constrained during prosecution or post-grant proceedings, especially if prior art is found challenging patent validity.
Patent Landscape in South Korea for Related Technologies
South Korea maintains a robust pharmaceutical patent landscape, characterized by a high volume of filings, strong enforcement, and strategic patent thickets around specific drug classes (e.g., anti-cancer agents, biologics). KR101116553 fits into this landscape as part of:
- Major patent clusters: Related to chemical entities or therapeutic methods targeting diseases prevalent in South Korea, such as hepatitis B, gastric cancers, or metabolic disorders.
- Patent families: Likely has equivalents or continuation applications filed internationally (e.g., PCT applications) to extend territorial coverage.
- Infringement and litigation activity: Patents like KR101116553 often face scrutiny during generic entry attempts, with patent examiners and courts assessing the scope’s breadth against prior art.
Competitive Landscape:
Competitors may have filed alternative compounds or formulations within similar therapeutic classes, aiming to circumvent or challenge the breadth of claims. Notably, patents around similar chemical platforms might generate licensing negotiations or legal disputes post-grant.
Legal and Regulatory Environment:
South Korea’s patent law emphasizes balance between innovation and public health. Patent term extensions, patent linkage regulations, and compulsory licensing mechanisms may influence patent enforcement strategies.
Strategic Implications for Patent Holders and Stakeholders
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Strengthening Patent Claims:
Given the competitive landscape, patent owners should consider broad-dependent claims, including salts, polymorphs, and methods of synthesis, to fortify protection.
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Monitoring Third-Party Filings:
Monitoring filings by competitors for similar compounds helps preempt challenges, allowing early enforcement or amending claims for resilience.
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Cross-Licensing and Collaboration:
Opportunities exist to license or partner within the extensive South Korean patent ecosystem, especially where patents complement or overlap with existing portfolios.
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Patent Expiry and Market Exclusivity:
As the patent approaches expiry, generic or biosimilar manufacturers may strategize to challenge validity or prepare for market entry, emphasizing the importance of patent fortification.
Conclusion
KR101116553 encapsulates a strategically significant patent within South Korea's pharmaceutical innovation terrain. Its scope, primarily defined by specific chemical and therapeutic claims, aims to carve out strong patent rights around a novel drug entity or platform. The patent landscape is densely populated with related patents and applications, underscoring the importance of meticulous claim drafting, vigilant landscape monitoring, and strategic enforcement.
Overall, this patent exemplifies South Korea’s commitment to fostering innovative pharmaceuticals while maintaining a balanced legal framework conducive to healthy competition and public health.
Key Takeaways
- Broad yet precise claims are essential for maximizing patent scope and deterring infringement.
- Continuous landscape monitoring is critical to respond to alternative filings and patent challenges.
- Strategic claim drafting, including multiple dependent claims and covering derivatives, enhances patent resilience.
- Patent lifecycle management must anticipate market entry by generics post-expiry, emphasizing robust patent strength.
- Legal insights and proactive enforcement are vital given South Korea’s active patent environment and regulatory mechanisms.
FAQs
1. What distinguishes KR101116553 from other pharmaceutical patents in South Korea?
It is characterized by its specific chemical or therapeutic innovation, with claims tailored to novel compounds or methods that set it apart from prior art and similar patents.
2. How can competitors challenge the scope of KR101116553?
They can identify prior art that overlaps with the claims or attempt to design around broad claim elements by developing alternative compounds or formulations.
**3. What is the potential expiry date of KR101116
