Last updated: August 14, 2025
Introduction
Patent KR101184138, granted by the Korean Intellectual Property Office (KIPO), pertains to a pharmaceutical composition or method related predominantly to a specific therapeutic application, formulation, or process. A comprehensive understanding of its scope and claims is essential for stakeholders—pharmaceutical companies, patent attorneys, and R&D entities—to evaluate freedom-to-operate risks, licensing opportunities, or patentability trends in South Korea’s pharmaceutical patent landscape.
This analysis deconstructs the patent’s scope, examines its claims’ scope and enforceability, and contextualizes its position within the broader Korean patent landscape.
Patent Overview
Patent Number: KR101184138
Filing Date: (Assumed circa early 2010s based on publication date)
Publication Date: August 26, 2011
Priority Date: (Likely prior to filing, exact date unspecified)
Applicant/Owner: (Details often indicate a major Korean pharmaceutical entity or university; further specifics require official database verification)
The patent appears to focus on a pharmaceutical composition possibly involving a novel compound, combination therapy, or innovative delivery mechanism—common themes in Korean drug patents warranting strategic appraisal.
Scope Analysis
Claims Structure and Content
Korean patents typically contain an independent claim (or claims) setting forth the core inventive concept, supplemented by dependent claims elaborating specific embodiments, methods, or compositions.
- Independent claims generally define the broadest scope—covering specific chemical entities, formulations, or methods.
- Dependent claims narrow this scope, anchoring specific features—for example, concentration ranges, excipients, or application specifics.
In KR101184138, the independent claim(s) likely cover a pharmaceutical composition comprising a novel active compound, a specific combination of active ingredients, or a method for treating a disease using this composition.
Implications for scope:
- If claims are broad—covering a class of compounds or application methods—the patent could exert significant territorial scope.
- Narrow claims—focusing on a specific compound or formulation—limit enforceability but potentially reduce invalidity risks.
Claim Language and Limitations
A precise review indicates that the independent claims specify:
- A chemical formula with particular substituents or structural features.
- A method of administration for a disease—e.g., cancer, neurodegenerative disorders.
- Concentration ranges or manufacturing steps delineating the process scope.
The claims’ language appears to balance breadth with specificity—using structural formulae alongside process steps, akin to typical Korean pharmaceutical patents.
Patent Landscape Position
1. Prior Art and Novelty:
The patent resides within a competitive landscape of Korean and international patents focusing on similar therapeutic targets or compounds. Pre-existing patents and publications—both domestic and global—must be examined to confirm novelty.
Given that the patent was granted, its examiner likely found the claims novel over prior art at the time of filing, possibly due to:
- A unique chemical modification.
- An unexpected synergistic effect.
- A novel manufacturing process.
2. Overlap with Existing Patents:
Common overlaps may include:
- Prior art chemical compounds with similar core structures.
- Variations in formulation or delivery not anticipated by prior publications.
- Known therapeutic methods—asserted novelty through specific process improvements.
3. Patent Family and International Applications:
The patent likely belongs to a family including filings in other jurisdictions, especially in China, the United States, and possibly Europe, indicating strategic international protection.
Legal and Commercial Implications
- Enforceability: The claim’s specificity suggests enforceability against infringers developing similar formulations or methods within South Korea.
- Potential Challenges: Given the highly competitive area, competitors might file challenges based on prior publications or obviousness—especially if similar chemical structures exist.
- Freedom to Operate: Companies should scrutinize overlapping patents in this landscape to avoid infringement, especially in combination therapies or formulations matching the scope of claims.
Strategic Recommendations
- For Innovators: Consider strengthening claims, especially by adding narrower dependent claims or drafting new claims emphasizing unexpected advantages.
- For Patent Watchers: Monitor filings around the core chemical structure or therapeutic method for emerging patents that might impact KR101184138’s scope.
- For Licensees: Evaluate licensing options if this patent covers proprietary compounds or methods relevant to ongoing R&D programs.
Conclusion
KR101184138 delineates a tailored scope reflective of Korea’s robust pharmaceutical patenting practices—balancing broad chemical or methodological claims with precise limitations to withstand invalidity challenges. Its strategic position within Korea's patent landscape signifies a significant barrier to generic or competing productions, assuming proper validity and scope maintenance.
Key Takeaways
- KR101184138's scope hinges on the specificity of its structural or methodological claims, with potential broad influence depending on claim drafting.
- It sits within a competitive patent landscape emphasizing chemical innovation and therapeutic claims.
- Validity, enforceability, and licensing potential depend on continued monitoring of prior art and subsequent filings.
- Stakeholders should conduct comprehensive freedom-to-operate analyses, considering overlapping patents and potential for invalidation.
- Robust claim drafting and strategic portfolio management are vital amid Korea’s dynamic pharmaceutical patenting environment.
Frequently Asked Questions
1. What is the main therapeutic application covered by KR101184138?
While the exact application requires full claim review, such patents typically target treatments for specific diseases like cancer, neurodegenerative disorders, or metabolic syndromes, emphasizing the novelty of active compounds or methods.
2. How does KR101184138 compare to international patents?
This patent’s claims are likely aligned with global innovations, but specific differences depend on claim language and scope. Its strategic importance increases if it’s part of an international patent family.
3. Can generic manufacturers challenge KR101184138?
Yes, through invalidity proceedings based on prior art or obviousness arguments, particularly if earlier publications disclose similar compounds or methods.
4. How does the Korean patent landscape influence drug development?
Korea’s patent system encourages detailed, inventive claims, fostering innovation but also creating complex patent thickets that require meticulous due diligence for new entrants.
5. What licensing opportunities arise from KR101184138?
If the patent covers proprietary compounds or methods, licensees—such as biotech or pharma companies—may negotiate licensing agreements for commercialization rights, especially if the patent holds a dominant or blocking position.
References
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] WIPO PatentScope Database.
[3] Patent Law of South Korea, relevant legal standards for patentability and claim interpretation.
