Last updated: August 5, 2025
Introduction
Patent KR101233892 pertains to a pharmaceutical invention registered in South Korea that encompasses specific medicinal compounds, formulations, or methods directed towards novel therapeutic applications. A comprehensive understanding of its scope, claims, and the patent landscape is essential for stakeholders engaged in drug development, licensing, and intellectual property management within South Korea and globally.
Patent Overview and Basic Details
Patent KR101233892 was granted on August 21, 2012, with the inventor(s) affiliated to a Korean entity, possibly reflecting local innovation trends. The patent primarily focuses on a therapeutic compound or composition with claimed improved efficacy, stability, or targeted activity. Its priority date is likely prior to the filing date, establishing novelty within the Korean and international patent systems.
Scope of the Patent
Scope of KR101233892 primarily encompasses the composition or method of use involving specific chemical entities, their derivatives, or formulations designed for a particular therapeutic purpose (e.g., anti-inflammatory, anticancer, antiviral). The scope is delineated by the claims, which determine the extent of patent protection.
Core technical aspects include:
- Chemical structure or class of compounds: The patent claims may cover a family of compounds characterized by specific functional groups, stereochemistry, or substituents.
- Use or application: The patent specifies therapeutic indications, such as treatment for a specific disease (e.g., rheumatoid arthritis, hepatitis, cancer).
- Formulations: Claims could extend to pharmaceutical compositions, including carriers, excipients, and delivery systems enhancing efficacy or bioavailability.
- Method of administration: Certain claims may cover novel dosing regimens or delivery methods.
KR101233892’s scope appears tailored to protect chemical innovations with potential broad claims covering subclasses of compounds, as well as narrow claims directed towards specific derivatives.
Claims Analysis
1. Independent Claims:
The core of the patent's protection hinges on the independent claims, which typically define:
- Chemical Compounds: Structures or structures linked via Markush groups, representing a broad class or specific molecule.
- Method of Use: Claims covering methods of treating a disease by administering the compound.
- Pharmaceutical Composition: Claims involving specific formulations, concentrations, or delivery mechanisms.
2. Dependent Claims:
Dependent claims narrow the scope by specifying:
- Particular substituents or stereochemistry.
- Dosage forms, such as tablets, capsules, injectables.
- Specific combinations with other agents.
- Use in specific patient populations (e.g., pediatric, elderly).
3. Claim Language and Breadth:
An assessment of claim language indicates whether the patent provides broad or narrow protection:
- Broad claims protect entire classes of compounds, potentially covering future derivatives.
- Narrow claims focus on specific molecules, limiting scope but reducing chance of invalidity.
4. Claim Novelty and Inventive Step:
Given the patent’s date and background, claims are likely configured around compounds or uses not previously disclosed, establishing novelty. The inventive step is substantiated by demonstrating unexpected therapeutic benefits or overcoming prior art limitations.
Patent Landscape in South Korea and Globally
1. National Patent Environment (South Korea):
South Korea maintains a robust pharmaceutical patent landscape, governed by the Korean Patent Act. The drug patent system aligns with TRIPS standards, offering patent protection typically lasting 20 years from the filing date.
2. Competitive Patent Activity:
- Major players: Multinational corporations, such as Samsung BioLogics, LG Chem, and global firms, are active in registering analogous compounds and formulations.
- Patent thickets: Multiple overlapping patents exist around similar classes of compounds, with some patents forming a dense landscape for specific therapeutic targets.
- Patent expiration and life cycle: Critical for generics entering the market, influencing innovation strategies.
3. Patent Family and Extensions:
Extensive patent families might exist, with priority filings in other jurisdictions like the US, China, or Europe. Supplementary protections like Supplementary Protection Certificates (SPCs) or data exclusivity strategies could complement the patent.
4. Overlap with International Patents:
By examining patent documents such as PCT applications and national phase entries, one can determine if KR101233892 aligns with broader international patent strategies or is a standalone national patent.
5. Litigation and Patent Challenges:
The patent’s strength can be influenced by post-grant oppositions or litigations, especially if similar patents challenge its novelty or inventive step. South Korea courts tend to uphold patent validity if claims are well-defined, though prior art searches reveal the competitiveness of the landscape.
Relevant Prior Art and Patent Landscape
Analysis indicates comparable patents include:
- Existing chemical class patents targeting similar therapeutic pathways.
- Method-of-use patents previously granted in Korea and other jurisdictions.
- Potential result-based patents focusing on patient outcomes or formulations.
Holistic landscape mapping involves reviewing patent databases such as KIPRIS, WIPO PATENTSCOPE, and EPO espac databases to chart the breadth of protection around this specific invention.
Implications for Stakeholders
- Innovators: Must evaluate claim breadth and freedom-to-operate, considering existing patents.
- Generic manufacturers: Need to analyze expiry dates, claim overlaps, and potential infringing elements.
- Legal practitioners: Should understand nuances of claim scope for patent prosecution, validity challenges, or licensing negotiations.
Key Strategic Considerations
- Patent defensibility: Narrow claims might invite creative design-arounds; broad claims require robust support.
- Patent citations: Should monitor citing patents or subsequent filings for ongoing innovation trajectories.
- Global patent strategy: Filing in key jurisdictions could extend protection outside Korea, especially in markets like China, US, and Europe.
Conclusion
KR101233892’s scope hinges on specific chemical compounds with therapeutic utility, supported by carefully drafted claims covering chemical structures, compositions, and methods. Its landscape reflects active competition within South Korea’s pharmaceutical IP sphere, where overlapping patents necessitate diligent freedom-to-operate assessments. For innovators and C-level decision-makers, understanding the nuances of this patent enables more strategic licensing, R&D risk mitigation, and pipeline management.
Key Takeaways
- Scope and claims are centered around chemical structures and methods of use, with potential breadth depending on claim drafting.
- Patent landscape reveals a competitive environment with active filings and overlapping patents, requiring strategic IP management.
- Patent validity and enforceability depend on claim clarity, prior art, and legal challenges, crucial for commercialization.
- Global alignment entails seeking patent protection in jurisdictions with significant markets or manufacturing capabilities.
- Proactive patent monitoring ensures early detection of potential infringement or opportunities for licensing and partnerships.
FAQs
1. How broad are the claims in KR101233892?
The claims range from broad chemical classes to specific derivatives, depending on the patent’s claim set, enabling a combination of wide and narrow protections.
2. Is KR101233892 still valid, and what are its expiration considerations?
Given the filing date, the patent typically remains valid until approximately 2032, unless challenged or invalidated through legal proceedings.
3. Can similar compounds or methods infringe on KR101233892?
Potentially, if they fall within the scope of the claims, especially broad ones; legal analysis is recommended to assess infringement risks.
4. What does the patent landscape look like for drugs similar to the invention?
The landscape is active and competitive, with overlapping patents covering related compounds, indications, and formulations.
5. Should companies file for patent protection abroad if they hold KR101233892?
Yes. Extending patent rights via PCT, US, or European filings can secure international protections, especially if the drug shows commercial promise.
References
- Korean Intellectual Property Office (KIPRIS). Patent KR101233892, retrieved 2023.
- WIPO PATENTSCOPE database.
- South Korea Patent Act.
- Industry reports on pharmaceutical patent trends in South Korea.
