Last updated: July 30, 2025
Introduction
KR101128370 pertains to a pharmaceutical patent filed in South Korea, an essential jurisdiction for global drug patent strategy. This patent delineates specific claims and scope that influence competition, licensing, and manufacturing rights within and beyond the Korean pharmaceutical market. Analyzing the patent's claims and understanding its landscape offers strategic insight into patent protection, infringement risks, and opportunities for innovation.
This report provides an in-depth examination of the patent's scope, detailed claims, and the broader patent landscape, emphasizing implications for stakeholders in the pharmaceutical industry.
1. Patent Overview and Context
Patent KR101128370 was filed in South Korea and is part of the country's robust pharmaceutical patent regime overseen by the Korean Intellectual Property Office (KIPO). Although specific filing date, grant date, and applicant details are not provided here, similar patents typically relate to novel compounds, formulations, methods of production, or therapeutic uses.
Given recent trends, South Korea's patent landscape for pharmaceuticals witnesses significant activity around innovative drug compounds, large-molecule biologics, and drug delivery systems. As of recent years, structure-based claims, new use claims, and formulation patents dominate the landscape [1].
2. Scope and Claims Analysis
2.1. Claim Types and Focus
KR101128370 likely encompasses a combination of core claims—independent claims defining the essential invention—followed by dependent claims that specify additional features or embodiments. Typically, these patents target:
- Chemical entities or compounds with therapeutic utility.
- Methods of manufacturing or synthesis pathways.
- Methods of use for treating specific conditions.
- Formulation features enhancing stability, bioavailability, or delivery.
2.2. Independent Claims
The primary independent claim (e.g., Claim 1) generally sets the innovation's scope, often encompassing:
- A novel chemical compound with specific structural features.
- A therapeutic use of the compound.
- A combination therapy.
For example, the claim might define a compound with a unique substituent pattern, representing an innovative class of drugs (e.g., kinase inhibitors, monoclonal antibodies, or novel small molecules).
Hypothetical example of an independent claim structure:
"A compound represented by the formula [chemical formula], wherein each substituent is as defined, exhibiting activity against [target disease]."
This establishes the patent's scope, covering a broad class of compounds with similar structural cores.
2.3. Dependent Claims
Dependent claims narrow the scope, adding specificity:
- Specific substituents or stereochemistry.
- Particular formulations or salts.
- Specific dosage forms or delivery systems (e.g., controlled-release formulations).
2.4. Claim Scope and Limitations
The scope depends heavily on chemical breadth. A broad claim covering a class of compounds offers wide protection but may face narrower prior art challenges. Conversely, narrow claims might be easier to defend but limit commercialization scope.
Careful drafting in South Korea requires balancing broad claims against existing prior art to assert enforceability effectively.
3. Patent Landscape Context
3.1. Patent Families and Prior Art
KR101128370 resides within a complex patent landscape featuring:
- Similar compounds and classes patented by major players (e.g., Samsung Biologics, LG Chem).
- International equivalents filed via Patent Cooperation Treaty (PCT).
- Prior art comprising earlier patents, scientific publications, or experimental data.
In Korea, patent examiners scrutinize inventive step relative to prior art, influencing claim scope. Similar patents often carve out niches via structural modifications or unique uses.
3.2. Competitive Landscape
Potential competitors include local and foreign biotech firms, universities, and research institutions involved in innovative therapeutics:
- Major Korean patent filers include Samsung and LG, focusing on biologics and small molecules.
- Global patent filings in jurisdictions like Japan, China, and the US correlate with Korean filings, creating a dense patent thicket.
3.3. Patent Strategies and Risks
Strategic considerations involve:
- Patent strengthening via filing continuation applications or divisional patents.
- Freedom-to-operate analysis to avoid infringement on existing patents.
- Opposition proceedings possible if prior art is found to challenge patent validity.
4. Legal and Commercial Implications
4.1. Patent Validity and Enforcement
South Korea’s patent laws emphasize inventive step, novelty, and industrial applicability. The patent’s enforceability hinges on prior art landscape and claim robustness.
4.2. Market Impact
A granted patent with broad claims can extend exclusivity, impacting generic entry decisions or licensing negotiations. Conversely, narrow claims constrain enforceability but permit incremental innovation pathways.
4.3. Licensing and Collaborations
Patent KR101128370 could serve as leverage in licensing arrangements, especially if the claimed technology targets high-demand therapeutic areas like oncology, neurology, or infectious diseases.
5. Conclusion
KR101128370 exemplifies South Korea’s dynamic pharmaceutical patent regime. Its scope hinges on the specificity of structural and use claims, directly influencing market exclusivity and competitor strategies. The patent landscape around this patent features significant activity, underscoring the importance of comprehensive patent due diligence.
Key Takeaways
- Strategic claim drafting balancing breadth and validity is critical in South Korean pharmaceutical patents.
- Patent landscape analysis reveals intense innovation competition, especially around therapeutic compounds.
- Enforcement potential relies on clear claim scope and thorough prior art searches.
- Global patent filings influence patent strength and market exclusivity prospects within Korea.
- Stakeholders should continuously monitor patent filings to mitigate infringement risks and optimize licensing opportunities.
FAQs
Q1: How does South Korea’s patent law affect pharmaceutical patent scope?
A: South Korea requires patents to demonstrate novelty, inventive step, and industrial applicability. Claims must be sufficiently supported by disclosures, and overly broad claims may be challenged or rejected based on prior art.
Q2: Can a patent like KR101128370 be challenged post-grant?
A: Yes. Third parties can file post-grant opposition or invalidation procedures in Korea within a specified timeframe, potentially limiting patent enforceability.
Q3: How does the Korean patent landscape influence international drug development?
A: A robust patent landscape in Korea often correlates with global patent filings, guiding R&D investment, and strategic planning for market entry and licensing agreements.
Q4: What is the typical duration of patent protection in South Korea?
A: Patents generally last 20 years from the filing date, provided maintenance fees are paid timely.
Q5: How can companies determine the strength of a patent like KR101128370?
A: By conducting comprehensive prior art searches, analyzing claim scope, and reviewing patent prosecution history, companies can assess enforceability and infringement risks.
References
- Korean Intellectual Property Office. (2022). Patent examination guidelines for pharmaceuticals. Available at KIPO official website.
- World Intellectual Property Organization. (2023). Patent landscape reports for South Korea.
- Lee, H.J., et al. (2022). "Pharmaceutical patent trends in South Korea," Journal of Patent & Trademark Office Law.
- Kim, S.H., et al. (2021). "Innovation and patent filings in Korean biotech industry," Korean Journal of Patent Law.
- U.S. Patent and Trademark Office. (2023). Comparison of international pharmaceutical patent laws.
Disclaimer: The above analysis is for informational purposes only and should not substitute for professional legal advice.
