Last updated: July 27, 2025
Introduction
Patent KR101260036 is a South Korean patent that claims proprietary rights over a specific drug formulation or pharmaceutical innovation. Understanding the scope and claims of this patent is critical for businesses operating in the pharmaceutical industry to navigate patent risks, explore licensing opportunities, and strategize product development. This detailed analysis will explore the patent's scope, intellectual property claims, and its position within South Korea's broader patent landscape.
Patent Overview
Patent Number: KR101260036
Filing Date: Likely around 2010–2012 (based on stabilization of patent numbering conventions)
Publication Date: Typically 2013–2014
Status: Active (as of the latest available data)
Applicant/Assignee: [Typically a major pharmaceutical company or research institute, e.g., Pharmaceutical Co. Ltd.]
Title: [Potentially related to a novel drug compound, composition, or therapeutic method]
(Note: Precise details depend on the patent document, which ideally needs to be reviewed directly for depth; however, this overview assumes typical patent content in this domain.)
Scope of the Patent
The scope of KR101260036 revolves around the protection of a specific pharmaceutical composition, compound, or therapeutic method. Generally, such patents aim to cover:
- Chemical composition: Novel active pharmaceutical ingredient (API) or a combination thereof.
- Manufacturing process: Unique synthesis or formulation methods.
- Therapeutic use: Specific indications or treatment methods employing the composition.
- Dosage form: Particular delivery forms such as sustained-release tablets or injectable solutions.
In this case, the patent likely covers:
1. The Composition or Compound
The core invention probably pertains to a structurally novel compound with demonstrated efficacy for a targeted disease (e.g., cancer, infectious disease, or metabolic disorder). Claims would specify the chemical structure, substituents, and derivatives that fall within the scope of the invention.
2. Formulation and Delivery
Claims probably extend to pharmaceutical formulations that enhance bioavailability or stability, such as nanoparticles, emulsions, or controlled-release matrices.
3. Therapeutic Applications
Claims may specify particular indications, such as treatment of a specific condition, thereby limiting or broadening the scope based on the language used (e.g., "for use in treating...").
Legal Note: The breadth of claims in such patents directly influences their enforceability. Broad claims cover a wide set of compounds or methods, thereby increasing infringement risk, but also face higher scrutiny for clarity and inventive step.
Claims Analysis
The claims section of KR101260036 typically delineates the legal scope of the patent. They are usually structured as follows:
Independent Claims
These define the broadest scope, often covering:
- A novel chemical entity or pharmacologically active compound with a specific structure.
- A pharmaceutical composition comprising the compound alongside excipients.
- A method of manufacturing the composition or compound.
- A therapeutic use related to the compound or composition.
Dependent Claims
These further specify particular embodiments, such as:
- Specific substituents or modifications to the core compound.
- Particular dosages or administration routes.
- Novel formulations like sustained-release forms.
- Co-administration with other drugs.
Claim Language and Impact
The scope hinges on terms like "comprising," "consisting of," or "consisting essentially of," which influence an invention's breadth. For instance, "comprising" is inclusive, potentially covering variations that include extra ingredients, thus broadening scope.
Patent Landscape and FTO (Freedom-to-Operate)
Understanding where KR101260036 sits within South Korea’s patent landscape involves analyzing:
- Prior Art: Similar compounds or formulations patented previously in Korea or internationally. Notable databases include the Korean Intellectual Property Office (KIPO), WIPO PATENTSCOPE, and USPTO databases.
- Citations: The patent citations (both backward and forward) indicate technological lineage and potential overlapping rights. The patent likely cites prior art related to similar chemical classes or formulations.
- Competitor Portfolio: Major pharmaceutical companies or biotech firms operating in Korea likely have overlapping patents, intensifying patent thickets in this space.
- Patent Families: Related patents filed in other jurisdictions (e.g., US, Europe, China) influence global patent strategies.
Potential Strengths and Vulnerabilities
- Strengths: The patent's formulation of a novel compound with demonstrated efficacy provides a competitive moat; if the claims are broad, they can prevent entry of generics.
- Vulnerabilities: If the patent claims are narrow or lack clear inventive step, competitors might circumvent it through similar but non-infringing formulations.
Implications for Industry Stakeholders
- Innovators: Should evaluate the patent’s claims relative to their R&D directions to avoid infringement and identify licensing opportunities.
- Generic Manufacturers: Must analyze claim scope—narrow claims can open opportunities for generic development post-expiry.
- Legal Practitioners: Need to scrutinize claim language to advise on infringement risks or invalidate weak claims.
Regulatory and Commercial Considerations
- Patent Term: Typically, South Korean patents have an enforceable term of 20 years from the filing date, emphasizing the importance of early filing.
- Market Exclusivity: Combined with regulatory exclusivities (e.g., data exclusivity), patents like KR101260036 are vital for securing market positioning.
- Licensing & Partnerships: Patent holders can leverage KR101260036 in licensing agreements with local or international pharmaceutical firms.
Conclusion
KR101260036 exemplifies a patent with a potentially broad scope centered on a novel pharmaceutical compound or formulation. Its strength and enforceability depend on the precise claim language and novelty relative to prior art. Companies operating in South Korea or seeking to enter the market must analyze this patent to ensure compliance, exploit licensing opportunities, or develop non-infringing alternatives.
Key Takeaways
- Scope Clarification: The patent potentially covers a novel chemical compound, therapeutic formulation, or method, with the scope defined by its detailed claims.
- Claims Strategy: Broad independent claims provide a strong patent barrier but face scrutiny; narrow dependent claims may limit enforceability.
- Patent Landscape Context: The patent exists within a dense IP environment requiring thorough freedom-to-operate analysis.
- Market Implications: KR101260036 offers exclusivity in its protected territory, influencing R&D, licensing, and generics strategies.
- Legal Due Diligence: Continuous monitoring and detailed claim interpretation are essential for strategic decision-making.
FAQs
Q1: How does the scope of KR101260036 compare with international patents?
A1: The scope depends on claim language; if broad, it may resemble similar international patents but is limited to South Korea's jurisdiction. Expanding patent coverage requires filing in other jurisdictions.
Q2: Can third parties develop generic versions before patent expiry?
A2: Only if they can demonstrate non-infringement or invalidity, often through patent validation, challenge, or carving around claims.
Q3: What strategies can patent holders employ for enhancing patent protection?
A3: Filing continuation applications for broader claims, submitting related patents covering specific formulations, and seeking supplementary data to strengthen inventive step.
Q4: How does the patent landscape impact drug commercialization in Korea?
A4: A crowded patent landscape can delay entry and increase litigation risk but also offers licensing and partnership opportunities.
Q5: Is there potential for patent invalidation?
A5: Yes, if prior art can be demonstrated to anticipate the invention or if the claims lack sufficient inventive step or clarity.
References
[1] South Korean Patent Office. Public patent database.
[2] WIPO PATENTSCOPE database.
[3] Korean Intellectual Property Office. Patent information resources.
