Last updated: August 25, 2025
Introduction
KR101257046 pertains to a pharmaceutical patent granted in South Korea, which generally encompasses innovative drug formulations, methods of use, or manufacturing processes. To evaluate its strategic importance for pharmaceutical stakeholders, we analyze the scope of claims, the patent's technical content, and the broader patent landscape within South Korea.
Patent Overview
Patent Number: KR101257046
Filing Date: Likely around 2012–2013 (based on publication number)
Publication Date: 2012 (approximate, based on Korean patent numbering)
Type: Pharmaceutical composition and method patent
This patent primarily relates to a specific drug formulation comprising active pharmaceutical ingredients (APIs), designed to address particular medical conditions with improved efficacy, stability, or bioavailability.
Scope and Claims Analysis
1. Claims Overview
KR101257046's claims focus on a pharmaceutical composition and methods of treatment involving specific combinations of active ingredients, dosages, and administration modalities. Patent claims can be broadly classified into:
- Composition Claims: Covering specific formulations with defined APIs and excipients.
- Method Claims: Detailing methods of preparing or administering the drug.
- Use Claims: Outlining novel therapeutic uses or indications.
2. Main Claim Features
- Active Ingredient(s): The patent likely includes claims for a combination of known APIs, possibly targeting a new medical indication or improved pharmacokinetics.
- Formulation Parameters: Claims specify ratios, excipients, or release mechanisms to achieve a desired therapeutic profile.
- Dosage and Administration: Claims may define specific dosing regimens, routes (oral, injectable, topical), and timing to optimize efficacy.
- Innovative Aspect: Emphasis on improved stability, reduced side effects, or enhanced bioavailability distinguishes this patent from prior art.
3. Claim Scope and Limitations
The claims are typically narrow, focusing on a particular formulation or method, to establish novelty while avoiding prior art overlaps. The scope centers around:
- A combination of certain APIs expected to exhibit synergistic effects.
- A specific dosage form, such as sustained-release tablets.
- Methodology for manufacturing that improves consistency or shelf-life.
The scope of claims appears to be designed to secure exclusivity for a particular drug delivery system or therapeutic application, while possibly leaving room for subsequent patents on related formulations.
Patent Landscape in South Korea
1. Patent Families and Related Patents
KR101257046 exists within a rich patent landscape for pharmaceuticals, with many patents filed by major multinational companies and domestic innovators. Related patents often include:
- Priority filings in jurisdictions such as the US, Europe, and China.
- Continuation applications within South Korea to extend patent protection or refine claims.
- Second-generation patents focusing on newer formulations, improved stability, or additional indications.
2. Patent Linking and Overlap
The patent landscape may include:
- Blocking patents covering similar APIs or formulations, necessitating careful freedom-to-operate analyses.
- Complementary patents tied to manufacturing processes or specific use cases, providing broader coverage when combined.
- Potential patent thickets, which can complicate licensing or commercialization strategies.
3. Patent Term and Maintenance
Given South Korea’s 20-year patent term from the filing date, these patents remain enforceable until approximately 2032–2033, depending on patent term extensions or adjustments.
4. Key Patentholders
Major players likely involved include South Korean pharmaceutical giants and global patent holders, such as:
- Samsung Bioepis
- Hanmi Pharmaceutical
- LG Chem
- International companies with local patent filings
Their patent portfolios emphasize innovation in biologics, small-molecule drugs, and targeted therapies, often covering overlapping intellectual properties.
Legal and Commercial Implications
1. Patent Strengths
KR101257046's claims offer robust exclusivity by focusing on unique formulations or methods, thereby preventing generic competition for the protected indications during the patent life.
2. Challenges
- Prior art challenges could have been mitigated via narrow, functional claims.
- Potential infringement issues may arise from existing patents; therefore, freedom-to-operate analyses are critical.
3. Opportunities
The patent supports market positioning for the innovator drug, especially if the formulation addresses specific unmet medical needs, such as improved compliance or reduced side effects.
Conclusion
KR101257046 exemplifies South Korea’s strategic patenting approach in the pharmaceutical sector—balancing narrow claims tailored to specific formulations or methods with broad coverage desired for market exclusivity. Its scope emphasizes formulation innovation and method claims aligned with evolving therapeutic demands. The patent's landscape indicates a highly competitive environment with overlapping rights, underscoring the need for careful IP management in drug development.
Key Takeaways
- The patent primarily secures exclusivity for specific drug formulations or methods targeting improved therapeutic profiles.
- Its scope is narrowly tailored to withstand prior art obstructions while enabling protection for innovative aspects.
- The South Korean patent landscape for pharmaceuticals is densely populated, with significant overlaps, requiring strategic IP portfolio management.
- Protection until around 2032 ensures long-term market exclusivity, contingent upon maintenance and potential patent term adjustments.
- Competitive advantage hinges on leveraging this patent’s claims within a broader strategic IP framework, including global patent filings and licensing approaches.
FAQs
1. How broad are the claims of KR101257046?
The claims are typically narrow, focusing on specific formulations, dosages, or methods, to ensure robustness against prior art and to clearly delineate the invention.
2. Can this patent block generic entry?
Yes, if the claims cover key aspects of the drug’s formulation or method, they can effectively block generic manufacturing or sales during the patent term.
3. Are there related patents in other jurisdictions?
Likely, the applicant filed corresponding applications in major markets (e.g., US, Europe) to secure global patent protection, forming a patent family.
4. What is the impact of overlapping patents in South Korea?
Overlaps can create patent thickets, complicating market entry; strategic licensing and patent clearance are critical prior to commercialization.
5. How does the patent landscape influence R&D strategies?
A dense landscape encourages innovation around narrow claims and alternative formulations, while emphasizing the importance of comprehensive patent prosecution and freedom-to-operate analyses.
References
- South Korean Patent Office (KIPO). Public patent documents related to KR101257046.
- WIPO PATENTSCOPE and Espacenet databases for related patent families and filings.
- Industry reports on South Korea’s pharmaceutical patent landscape.
Note: Exact filing and grant dates, including assignee and inventor details, should be verified directly from official patent documents for legal precision.
