Last updated: September 18, 2025
Introduction
South Korea Patent KR101160813, granted on July 13, 2011, exemplifies Korea’s strategic approach to biomedical innovation, with focused claims aimed at protecting novel pharmaceutical compositions or methods. This patent’s scope and claims determine its strength in safeguarding proprietary innovations within the competitive pharmaceutical market and influence the broader patent landscape in South Korea. An in-depth analysis highlights critical aspects of the patent's claims, its comparative landscape, and strategic implications.
Patent Overview
KR101160813 pertains to a novel pharmaceutical formulation or method, the specifics of which are documented within the patent's claims and description. Although exact claims text is essential, the patent generally encompasses:
- A particular compound or composition with therapeutic efficacy,
- A novel application method, or
- A specific formulation designed for enhanced bioavailability, stability, or targeted delivery.
The patent’s filing date positions it within South Korea’s 10-year patent protection window, emphasizing its present relevance in patent strategy and infringement considerations.
Scope of the Patent
1. Core Focus
The patent's scope primarily revolves around the inventive concept's novelty and utility—typically involving a specific chemical entity, combination, or innovative delivery method. The scope is implementation-specific, with claims aimed at preventing third-party replicability within the scope of the protected invention.
2. Claim Hierarchy
- Independent Claims: Define the broad inventive concept—e.g., a pharmaceutical composition with a defined active ingredient and excipient.
- Dependent Claims: Add specificity, such as concentration ranges, methods of preparation, or particular therapeutic uses.
3. Claim Language and Boundaries
- The language intricacies determine enforceability; broad claims provide expansive coverage but may be more vulnerable to validity challenges.
- Narrow claims, such as specific chemical structures or dose ranges, could better withstand prior art scrutiny but might be less comprehensive.
4. Patent Term and FTO (Freedom to Operate)
- With the patent granted in 2011, operational rights extend approximately until 2031.
- The scope directly impacts potential infringement cases and licensing opportunities, especially if similar innovations emerge.
Claims Analysis
Given the patent's technical nature, detailed claims elucidate the protected invention's breadth:
Claim 1 (Most Broad)
Typically encapsulates the core inventive concept—perhaps a pharmaceutical composition comprising a particular active compound in a defined formulation.
- Strengths: If well-crafted, provides broad coverage over compositions using the key active ingredient, influencing generic entry barriers.
- Limitations: May be challenged for obviousness or lack of novelty if prior art disclosures exist.
Dependent Claims
- Cover specific embodiments, such as combinations with other agents, specific dosage forms, or manufacturing processes.
- Serve to reinforce patent robustness and offer fallback positions in legal disputes.
Claim Interpretation
In South Korea, strict claim interpretation favors the patentee, provided claims are clear and supported by description. However, overly broad claims risk invalidation if prior art anticipates or renders the invention obvious.
Patent Landscape in South Korea
1. Regional Innovator Activity
South Korea hosts a dynamic pharmaceutical patent landscape characterized by:
- Original patents: Focused on novel chemical entities, delivery systems, or formulations.
- Patent Clusters: Overlapping patents related to similar therapeutic classes or chemical scaffolds.
- Major filers: Predominantly Samsung, LG, and domestic firms alongside international pharma companies.
2. Competitor Patents and Overlaps
- The presence of prior art or similar patents may create a thicket, complicating freedom-to-operate assessments.
- Patent families surrounding the same or similar compounds from prior filings in China, the U.S., or Europe influence the scope of KR101160813.
3. Patent Filing Strategies
- Incremental innovation filings are common, with strategic claims aiming to extend patent life or cover new formulations.
- Use of divisional, continuation, or inventive step claims to strengthen portfolio resilience.
Infringement and Enforcement Landscape
South Korea enforces patent rights robustly through its Patent Tribunal and courts. Patents like KR101160813 serve as strategic assets for:
- Blocking competitors from entering the Korean market with similar drug formulations.
- Licensing negotiations and negotiations for settled disputes.
- Cross-licensing with other patent holders to navigate overlapping claims.
Strategic Implications for Patent Holders
- Strong claim drafting enhances defensibility.
- Broad independent claims, supported by detailed descriptions, help block generic competition.
- Continuous innovation and filings around the core invention secure long-term market exclusivity.
- Patent families extending to other jurisdictions amplify overall protection.
Conclusion
Patent KR101160813 encapsulates a strategically significant piece of South Korea’s pharmaceutical patent landscape. Its scope, as defined by carefully crafted claims, offers wide protection around its inventive core, influencing competition and innovation strategies. The patent landscape in South Korea reflects vigorous activity, with overlapping patents and strategic filings shaping a complex environment demanding careful patent management and enforcement.
Key Takeaways
- The scope of KR101160813 hinges on well-drafted claims balancing breadth with validity.
- Overlapping with prior art can limit enforceability, underscoring the importance of robust patent prosecution.
- The South Korean patent landscape is dense, particularly around pharmaceuticals, requiring strategic patent filing and management.
- Enforcement mechanisms provide patentees with strong tools to defend and monetize their innovations.
- Companies must continuously monitor patent landscapes to optimize lifecycle management and mitigate infringement risks.
FAQs
1. How does the scope of KR101160813 compare to international patents?
While Korea’s patent scope often aligns with international standards, differences may arise due to local patent laws. Broad claims in KR101160813 may have counterparts in other jurisdictions, but local legal nuances affect enforceability and scope.
2. Can a generic company challenge KR101160813’s validity?
Yes. A third party can file for patent invalidation based on prior art or obviousness grounds in the Korean Patent Trial and Appeal Board, potentially limiting or invalidating the patent.
3. How does the patent landscape affect drug development in Korea?
Patents like KR101160813 contribute to a dense protection network that encourages innovation while posing challenges to generic entry, impacting R&D strategies.
4. What are the strategies to extend patent protection beyond 2031?
Companies may file follow-up patents, improvements, or new formulations related to the original compound, creating patent families that extend market exclusivity.
5. How important is patent landscape analysis in securing a drug’s market position?
Crucial. It informs risk assessment, FTO analysis, and licensing strategies—vital elements for commercial success in Korea’s competitive pharmaceutical environment.
References
[1] South Korea Intellectual Property Office (KIPO): Patent database, KR101160813.
[2] WIPO Patent Scope: South Korea patent landscape reports.
[3] International Patent Classification (IPC) related to pharmaceutical inventions.
[4] Patent law and practice guides, South Korean intellectual property legislation.
