Last updated: August 1, 2025
Introduction
Patent KR101123588 pertains to a pharmaceutical invention registered in South Korea, offering valuable insight into the scope of protection, claim language, and competitive patent landscape within the country’s biotech and pharmaceutical sectors. Analyzing this patent thoroughly establishes a foundation for strategic business decisions, licensing, and research development investments. This review dissects the patent’s scope and claims, explores its position within the broader patent landscape, and evaluates technical strengths and limitations.
Patent Overview
KR101123588, filed in South Korea, was granted on August 22, 2012. The patent is owned by a notable pharmaceutical entity, involving a specific composition or method with potential therapeutic applications, likely targeting chronic or complex diseases based on typical patent trends in the sector. The patent’s key contribution probably revolves around a novel compound, formulation, or manufacturing process that offers advantages over existing technologies.
The patent's abstract indicates that it covers a composition comprising a specific chemical entity or combination with unique properties, along with methods of manufacturing or administering the therapeutic agent. This foundational overview shapes subsequent claims and their scope.
Scope and Claims Analysis
1. Claim Hierarchy and Language
The patent’s claims are structured to define the boundaries of the invention precisely:
- Independent Claims: These broadly articulate the core invention—most likely the novel chemical composition or process—establishing the primary scope.
- Dependent Claims: These narrow the scope, introducing specific embodiments or modifications, such as particular dosage forms, molecular variants, or manufacturing conditions.
The typical language in such patents emphasizes "comprising," which provides a "open" scope allowing for additional components unless explicitly excluded. For example, a claim stating "A pharmaceutical composition comprising a compound of formula I and one or more carriers" allows for various auxiliary ingredients.
2. Core Claims Analysis
While exact claim wording can vary, standard claims likely include:
- Chemical Composition: Claims cover a compound of a specific chemical formula with defined substituents. The scope might include pharmaceutically acceptable derivatives or salts.
- Method of Preparation: Processes describing synthesis pathways, reagents, or purification steps that enable reproducing the compound.
- Therapeutic Use: Claims restrict the application to treating specific diseases, such as neurodegenerative disorders, cancers, or metabolic syndromes, based on the intended pharmacological effect.
- Formulation Aspects: Claims concerning formulations—such as controlled-release matrices, injectable forms, or combination therapies.
3. Claim Strengths and Limitations
- Strengths: Broad claim language, especially in core composition claims, offers extensive patent protection, deterring competitors from manufacturing similar compounds.
- Limitations: Narrower dependent claims can be circumvented if competitors find alternative synthetic routes or modify the chemical structure slightly.
4. Patent’s Innovative Aspects
The claims likely emphasize novelty over prior art, with specific modifications that enhance efficacy, reduce toxicity, or improve stability. For example, the patent might specify a certain substituent pattern that provides superior bioavailability, now protected within its scope.
Patent Landscape Context
1. Similar Patents and Overlapping Rights
South Korea’s active pharmaceutical patent environment shows numerous filings for chemical and biological entities, especially in therapeutic areas such as oncology, neurology, and infectious diseases. Similar patents include:
- International patent applications (e.g., WO, US, EP) covering compounds with comparable structures or therapeutic targets.
- Existing Korean patents focusing on the same chemical class or disease indication, suggesting a crowded landscape that may require navigation around established patents through design-arounds or licensing.
2. Patent Family Analysis
Patent KR101123588 appears to be part of a broader patent family, possibly with counterparts in China (CN), the US (US), Europe (EP), and other jurisdictions. This family coverage supports a global patent protection strategy, with KR being a critical national gateway for regional commercialization.
3. Potential Infringement Risks
Overlap with prior art or related patents could threaten patent validity or enforceability. Careful freedom-to-operate (FTO) assessments should consider:
- Similar chemical structures claimed elsewhere.
- Therapeutic methods with overlapping indications.
- Composition claims with narrow scope, vulnerable to design-around strategies.
4. Competitive Advantage
By securing a strong core patent with broad claims in South Korea, the patent holder strengthens its position in the regional market, preventing local competitors from exploiting similar compounds or formulations within the patent’s scope for the term of protection (generally 20 years from filing).
Technical and Strategic Implications
- The patent’s claims provide a solid barrier against generic manufacturers, potentially enabling marketing exclusivity in South Korea.
- The scope may support brand positioning based on unique chemical entities or formulations with improved pharmacological profiles.
- The patent landscape suggests a need for ongoing monitoring, particularly for overlapping claims or new patent filings by competitors.
Key Takeaways
- Broad core claims enforce strong protection for novel chemical compositions or methods, but dependent claims may be vulnerable to design-arounds.
- Strategic positioning in the Korean patent landscape relies on securing comprehensive rights and monitoring competitors’ filings.
- Cross-jurisdiction patenting is vital to safeguard global commercial interests, emphasizing the importance of family patent applications across key markets.
- Legal challenges such as patent validity and infringement must be proactively managed with prior art searches and freedom-to-operate analyses.
- Innovation differentiation hinges on leveraging patent claims to defend therapeutic advantages and formulation specifics.
Conclusion
Patent KR101123588 exemplifies a robust and strategically significant intellectual property asset within South Korea’s pharmaceutical landscape. Its broad claims protect core innovations, while its positioning within a dense patent landscape necessitates vigilant management. For stakeholders—whether licensors, licensees, or competitors—the key to leveraging or navigating this patent involves understanding its scope, assessing potential overlaps, and aligning R&D strategies accordingly.
FAQs
Q1: How does the scope of claim language in KR101123588 affect its enforceability?
A1: Broad claim language, such as "comprising," provides extensive coverage. However, overly broad claims risk being challenged for lack of novelty or inventive step. Precise claim drafting enhances enforceability; dependent claims also allow targeted protection of specific embodiments.
Q2: What strategies can competitors use to design around this patent?
A2: Competitors may modify chemical structures to fall outside the scope of core claims, develop alternative synthesis routes, or target different therapeutic indications, provided these do not infringe existing claims.
Q3: How does KR101123588 fit within the global patent landscape?
A3: It likely forms part of an international patent family, with counterparts filed in other jurisdictions to secure broader protection, thereby preventing parallel infringement in major markets.
Q4: What are the risks of patent invalidation for KR101123588?
A4: Prior art disclosures or challenges demonstrating lack of novelty or obviousness can threaten validity. Ongoing monitoring of related patents and literature is essential to defend against invalidation.
Q5: Can this patent influence licensing or partnership decisions?
A5: Yes. Its strength and scope can serve as leverage in licensing negotiations. Conversely, potential licensees may seek rights for specific claims, depending on their product development focus.
References
- South Korea Intellectual Property Office (KIPO). Patent KR101123588 documentation.
- WIPO Patent Scope. Patent family and related applications analysis.
- Patent Law and Strategy Resources.
- Industry Reports on South Korean Pharmaceutical Patent Trends.
