Last updated: July 31, 2025
Introduction
Patent KR101262312, granted in South Korea, represents a strategic intellectual property (IP) asset in the pharmaceutical landscape. Its scope, claims, and positioning within global patent ecosystems are vital factors for pharmaceutical companies, generic manufacturers, and patent counsel. This analysis evaluates the patent’s legal scope, claims structure, potential overlaps, and positioning within South Korea’s drug patent landscape.
Patent Overview and Administrative Context
Patent KR101262312, filed and granted by the Korean Intellectual Property Office (KIPO), protects a specific pharmaceutical invention, likely related to a novel compound, formulation, or method of use. While the detailed patent document is not provided here, typical structure includes:
- Title: Describes the nature of the invention.
- Abstract: Summarizes the core innovation.
- Claims: Define the legal scope.
- Description: Details the inventive concept, prior art considerations, and examples.
The patent grants exclusivity, generally 20 years from the filing date, subject to maintenance fees and potential legal challenges.
Scope and Claims Analysis
Scope of the Patent
The scope of KR101262312 is primarily determined by its claims. A robust patent claims a specific invention with clear boundaries, offering enforceability against infringers while maintaining novelty and inventive step criteria. Based on common pharmaceutical patent practices:
-
Claims likely cover:
- A novel chemical compound or class of compounds.
- A pharmaceutical composition comprising said compound.
- A method of manufacturing the compound or composition.
- A method of using the compound for specific indications.
-
Claim Types:
- Product claims: Covering the chemical entity itself.
- Use claims: Covering methods of treatment or specific therapeutic indications.
- Combination claims: Covering formulations combined with other agents.
The extent of the scope hinges on whether claims are independent or dependent and how broad or narrow they are — broad claims offer extensive protection but are more vulnerable to invalidation, while narrow claims limit coverage but are easier to defend.
Claims Construction
While precise claim language is unavailable here, typical pharmaceutical patents balance broad, genus-level claims with narrower, species-specific claims. This strategy minimizes patent clearance issues and maximizes strategic coverage.
- Broad Claims: Likely encompass a chemical genus or a general method of use.
- Narrow Claims: Might specify particular substituents, isomers, or formulation parameters to avoid prior art.
The patent likely contains method of use claims for treating specific conditions, such as chronic diseases or cancers, aligning with standard practices in drug patents.
Patent Landscape in South Korea
Current Pharmaceutical Patent Environment
South Korea is a leading innovator in biotechnology and pharmaceuticals, with a well-established patent system harmonized with international standards (TRIPS). The Korean market is notably active for generic entry, prompting original innovators to craft strategically strong patents [1].
- Patent Thickets: Many pharmaceutical patents are layered, covering compounds, methods of use, formulations, and manufacturing processes.
- Patent Term Challenges: Recently, Korea has adopted measures to balance patent exclusivity with generic competition, including patent term extension policies and opposition procedures.
Comparison with Global Patent Strategies
South Korea's patent landscape often mirrors U.S. and European approaches with a focus on method-of-use and formulation claims to extend exclusivity. The patent KR101262312 likely fits within this strategy, targeting the Korean market specifically with potential for broader international patent applications, possibly via PCT or national filings.
Key Similar Patents
Comparable patents in South Korea cover:
- New chemical entities (NCEs) for specific therapeutic areas.
- Improved formulations for better bioavailability.
- Combination therapies incorporating patented compounds.
Legal and Market Risks
- Patent Challenges: Alpha- or omega-level patents, especially broad product claims, face challenges from generic firms.
- Patent Term Robustness: Ensuring the patent’s claims withstand validity challenges, including inventive step and prior art rejections.
- Infringement Risks: Patent enforcement depends on the clarity of claims and the scope of protection.
Strategic Patent Positioning
The patent KR101262312, to maximize value, should be supported by:
- Broad, well-structured claims: Covering the core compound and multiple uses.
- Supplemental method claims: Encompassing manufacturing and delivery methods.
- Continuations or divisional applications: To extend protection or cover additional indications.
Moreover, complementary patenting at international levels via the Patent Cooperation Treaty (PCT) or regional filings enhances global strategic position.
Conclusion
Patent KR101262312 likely encompasses a fundamental chemical or formulation innovation within South Korea’s well-regulated IP framework. Its scope, defined predominantly by its claims, determines its market exclusivity and enforceability. The patent landscape in South Korea provides fertile ground for both innovation and competition, demanding strategic patent drafting and vigilant enforcement to maintain a sustainable market position.
Key Takeaways
- Claims Clarity is Paramount: Clear, well-structured claims extending from broad to narrow maximize enforceability.
- Strategic Patent Positioning: Supplementing core patents with method and formulation claims enhances market control.
- Global Patent Strategy: International filings leveraging PCT are crucial for safeguarding rights beyond South Korea.
- Navigating Challenges: Keeping abreast of patent-specific challenges, including prior art and patent validity, sustains competitive advantage.
- Balancing Innovation and Competition: Effective patent strategies in South Korea consider both protection and potential for license or settlement negotiations.
FAQs
1. What is the typical scope of claims in South Korean pharmaceutical patents?
They usually include chemical compound claims, method-of-use claims, formulation claims, and manufacturing process claims, tailored to balance broad protection with robustness against prior art.
2. How does South Korea’s patent landscape affect generic drug entry?
Stringent patent landscapes and well-defined prior art considerations can delay or prevent generic entry, but patent challenges and regulatory procedures also facilitate market competition over time.
3. Can a patent like KR101262312 be extended?
Patent term extensions are limited by Korea’s legislation, typically up to five years, often constrained by patent office procedures and patent life limits.
4. How can patent holders improve chances of defending their rights in Korea?
By drafting narrowly tailored, clear claims and maintaining active patent prosecution and enforcement strategies aligned with local legal standards.
5. What is the significance of worldwide patent strategies alongside Korean patents?
Aligning with international patent filings ensures broader market coverage, essential for global drug commercialization and protection against infringement in multiple jurisdictions.
References
[1] Korean Intellectual Property Office (KIPO). South Korea's Pharmaceutical Patent Landscape. 2022.
