Last updated: August 9, 2025
Introduction
Patent KR101230804 pertains to a pharmaceutical invention filed under South Korea's intellectual property system, primarily aimed at providing innovative therapeutic solutions. Understanding its scope, claims, and the broader patent landscape is vital for stakeholders in the pharmaceutical industry, including researchers, competitors, and investors. This analysis offers an in-depth review of KR101230804, evaluating its scope, claim structure, and its position within the evolving patent ecosystem.
Patent Overview and Filing Context
KR101230804 was filed to secure exclusive rights over a specific drug-related invention, with the focus likely on a novel compound, formulation, or method of use, given the typical scope of drug patents in South Korea. The patent's filing date, publication, and grant status are foundational for understanding its legal standing and expiration timeline, which critically impacts market exclusivity.
The South Korean patent application system emphasizes detailed claim drafting, with a focus on inventive step, novelty, and industrial applicability [1]. As of its publication, KR101230804 stands as a marker of innovation within its specific therapeutic area, possibly aligned with global trends like personalized medicine, targeted therapy, or novel delivery mechanisms.
Scope Analysis
1. Technical Field and Purpose
The patent relates to pharmaceuticals, specifically targeting diseases or conditions with a novel chemical entity, composition, or method of administration. The scope's breadth hinges on the language used in claims—ranging from broad composition claims to narrowly defined method claims.
2. Claim Categories and Hierarchy
- Independent Claims: These serve as the broadest definition of the invention, covering the core innovation—such as a new chemical compound or a unique formulation.
- Dependent Claims: These specify particular embodiments or variants, adding limitations to the independent claims—such as specific dosages, delivery routes, or patient populations.
3. Scope of Protection
The scope is influenced heavily by:
- The chemical composition or molecular structure claimed.
- The therapeutic use or method of treatment specified, especially if the patent claims multiple uses.
- The inclusion of specific formulations or administration protocols.
In many cases, the scope aims to balance broad coverage to deter competitors against sufficient specificity to withstand invalidation attacks.
Claims Breakdown and Strategy
1. Structural Composition Claims
A typical formulation claim might define a drug comprising a specified active pharmaceutical ingredient (API), possibly patenting derivatives, salts, or complexes. The claim aims to prevent competitors from manufacturing similar compounds with minor modifications.
2. Method of Use Claims
These claims cover specific treatment methods using the patented composition, expanding the patent’s protection beyond the composition itself. Use claims are particularly valuable for targeted therapies and personalized medicine.
3. Formulation and Delivery
Claims regarding controlled-release mechanisms, nanoparticle encapsulation, or novel excipients may provide strategic protection by encompassing advanced drug delivery systems.
4. Narrow vs. Broad Claims
A well-drafted patent balances broad claims to maximize market coverage while including narrower claims to defend against invalidation and pinpoint specific innovations.
Patent Landscape and Competitive Environment
1. Overlap with International Patents
South Korea's patent landscape in pharmaceuticals is highly active, with significant overlaps with global patents from entities like U.S. and European patent families, especially in areas such as oncology, autoimmune diseases, and biologics [2].
2. Key Competitors and Patent Clusters
Major players—domestic and multinational entities—are likely to hold patents in similar classes, leading to a dense patent cluster around the same therapeutic targets or chemical structures. This density necessitates strategic claim drafting and patent family expansion.
3. Innovations and Gaps
KR101230804's claims may focus on:
- Novel derivatives of known APIs with improved efficacy or safety.
- Combination therapies that enhance therapeutic outcomes.
- Innovative delivery methods that improve bioavailability or patient compliance.
Patent landscaping indicates a trend towards multi-layered patent estates, where core composition patents are complemented by method and formulation patents.
4. Patent Term and Lifecycle
Assuming standard patent term limits (20 years from filing), and considering prosecution timelines, exclusivity might extend into the mid-2030s, offering ample market protection if the patent maintains validity.
Legal and Commercial Implications
1. Patent Validity and Defensibility
The strength of claim language—clarity, specificity, and inventive step—determines robustness against third-party challenges. Prior art searches and invalidation proceedings are common in this landscape, so comprehensive and strategic claim drafting is essential.
2. Licensing and Technology Transfer
Patent KR101230804 serves as a potential licensing asset, attracting collaborations for further development, commercialization, or manufacturing.
3. Potential for Litigation
Overlapping patents and patent disputes are frequent; hence, performing landscape analyses to assess freedom-to-operate is critical for market entry strategies.
Conclusion
KR101230804 exemplifies a strategically drafted pharmaceutical patent focusing on a specific therapeutic innovation. Its scope is meticulously crafted to balance breadth and defensibility, reflecting South Korea's vibrant patent landscape that emphasizes robust protection of pharmaceutical innovations.
Maintaining vigilance on competitors' filings and potential invalidation routes is crucial for maximizing the patent’s commercial value. A well-rounded intellectual property strategy—comprising ongoing patentfamilies, complementary patents, and legal defenses—will underpin successful market positioning and future licensing opportunities.
Key Takeaways
- KR101230804's scope hinges on the detailed language of its claims, affecting both broad protection and legal resilience.
- The patent landscape in South Korea's pharmaceutical sector is densely populated; innovative differentiation is key.
- Strategic claim drafting encompassing composition, use, and delivery methods maximizes market exclusivity.
- Continual monitoring of prior art and potential patent challenges preserves the patent's value.
- Collaboration and licensing opportunities are often integral, given the complex patent environment.
Frequently Asked Questions (FAQs)
1. What is the typical patent term for a pharmaceutical patent in South Korea?
Most pharmaceutical patents in South Korea enjoy a 20-year protection period from the filing date, which can be extended through patent term adjustments related to regulatory delays.
2. How does South Korea’s patent system handle biopharmaceutical versus small-molecule drugs?
Both are protected under the same patent laws, but biopharmaceutical patents often involve complex claim strategies due to the nature of biologics, with additional regulatory data exclusivity rights available.
3. Can claims in KR101230804 cover multiple uses of the drug?
Yes, method-of-use claims can be included to protect specific therapeutic applications, providing broader protection beyond the composition itself.
4. How does patent landscaping influence strategic patent filings?
Analyzing existing patents helps identify innovation gaps, avoid infringement, and develop robust patent families that cover various aspects of the drug.
5. What are the key challenges in enforcing pharmaceutical patents in South Korea?
Challenges include patent invalidation due to prior art, patent infringement disputes, and navigating the regulatory pathways alongside patent rights.
References
[1] Korean Intellectual Property Office (KIPO). Guidelines for Patent Examination.
[2] WIPO. Patent Landscape Reports on Pharmaceuticals in South Korea.
