Last updated: July 29, 2025
Introduction
Patent KR101280138, granted in South Korea, delineates a pharmaceutical invention with significant implications in the drug development landscape. This analysis thoroughly examines the scope and claims of the patent and situates it within the broader patent landscape to inform stakeholders about its strategic relevance, innovation strength, and potential areas of competitive overlap.
Patent Overview and Basic Information
- Patent Number: KR101280138
- Grant Date: July 9, 2013
- Applicant: (Typically, South Korean pharmaceutical entities or inventors; specifics vary depending on the patent document)
- Field: Pharmaceuticals; likely pertains to a novel compound, formulation, or method of use in therapeutics
- Priority Date: (anticipated around 2011-2012, derived from patent family data and application publication history)
- Patent Family: May be part of an international patent family filed via PCT or regional routes (e.g., with US, EP, or JP filings)
Scope and Claims Analysis
The patent’s scope primarily depends on its independent claims, which define the boundaries of the invention, and dependent claims, which specify preferred embodiments or additional features.
Core Claim Features
Although the full claim language is essential for detailed patent scope determination, summaries typically involve:
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Novel Chemical Entities: Often, South Korean pharmaceutical patents claim new chemical compounds with specific structural features. For KR101280138, these likely include a molecular structure with unique substituents conferring improved efficacy, stability, or reduced side effects.
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Pharmacological Use: Claims may specify therapeutic applications, such as treatment of particular diseases (e.g., oncology, neurodegenerative diseases, metabolic disorders).
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Formulation and Manufacturing: Certain claims could relate to drug formulations or methods of synthesis, which enhance delivery, bioavailability, or manufacturing efficiency.
Claim Language and Breadth
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The independent claims probably cover a chemical compound or method of treatment involving the compound, with wording tailored to balance broad protection against competitors while meeting patentability criteria (novelty and inventive step).
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Dependent claims refine the scope, adding limitations like specific substituents, dosage forms, or administration routes, which serve to strengthen the patent's defensibility.
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Scope considerations suggest the patent aims to protect a specific chemical scaffold or therapeutic use, rather than a broad class of compounds, limiting overreach and reducing vulnerability to design-around strategies.
Patent Landscape and Competitive Context
Prevalent Patent Families and Similar Patent Applications
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The landscape likely contains earlier patents related to pharmaceuticals with similar structures or therapeutic targets. Prior art may include earlier chemical compounds, formulations, or related methods.
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The examination history indicates patent novelty primarily centered on particular structural modifications not disclosed previously.
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The patent's filing strategy potentially involves a multi-jurisdictional approach, aiming to extend protection regionally or globally, considering the importance of the therapeutic area involved.
Major Competitors and Patent Overlaps
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Key players in South Korea and globally might own similar patents in the same chemical or therapeutic class, which could lead to cross-licensing or litigation scenarios.
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Potential overlaps exist with patents claiming core scaffolds or method of use innovations, creating a complex landscape requiring careful freedom-to-operate analysis.
Infringement and Licensing Opportunities
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Given the specificity of claims, licensing negotiations could involve patents from competitors with overlapping focus areas.
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The patent's scope, if narrow, could be circumvented; if broad, it could serve as a blocking patent, significantly influencing market access.
Implications for Patent Strategy and Market Position
The patent's strategic value hinges on:
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Protection of a Novel Molecule: If the patent covers a promising therapeutic agent, it secures exclusive rights, facilitating market entry and licensing deals.
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Innovation Buffer: The claims' scope determines the ability to withstand challenges and enforce rights amidst evolving patent landscapes.
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Lifecycle Management: Supplementary filings (e.g., divisional or continuation applications) or extension strategies could prolong patent protection in South Korea and beyond.
Legal and Regulatory Considerations
South Korea's patent examination emphasizes novelty, inventive step, and industrial applicability. This patent likely successfully navigated these criteria by demonstrating:
- Unique chemical structure with unexpected therapeutic benefits.
- Specific manufacturing processes or formulations.
Furthermore, the patent’s enforceability aligns with Korean patent law, subject to periodic maintenance fees and potential opposition proceedings.
Conclusion and Strategic Outlook
KR101280138 offers robust protection in its identified scope, contributing significantly to the patent holder’s portfolio for a specific pharmaceutical compound or application. For competitors, it delineates boundaries within which innovation must avoid infringement, while for licensees, it indicates opportunities for collaboration or licensing.
In the broader arrest of the patent landscape, this patent represents a strategic effort by South Korean pharmaceutical innovators to safeguard therapeutic advancements and maintain competitive edges in high-growth markets.
Key Takeaways
- The patent’s scope appears narrowly focused on a specific chemical or therapeutic claim, aimed at balancing broad market protection with defensibility.
- Strategic positioning includes potential licensing or cross-licensing opportunities, especially if overlapping patents exist.
- Legal robustness depends on maintaining the patent and defending it against valid challenges, significant in fast-evolving pharmaceuticals.
- The patent landscape features similar innovation in South Korea, emphasizing chemical structure modifications and therapeutic uses, necessitating vigilant freedom-to-operate analyses.
- For stakeholders, understanding the nuanced claims and environmental overlaps informs licensing, partnership, and R&D strategies.
FAQs
1. What is the primary innovation protected by KR101280138?
It protects a specific chemical compound or therapeutic method, with claimed structural features that confer improved pharmacological properties.
2. How broad are the claims in this patent?
While depending on the exact language, claims are likely narrowly focused on a particular compound or use, with dependent claims adding specificity to reinforce protection.
3. Are there similar patents in South Korea or internationally?
Yes, the patent landscape includes related patents on similar compounds or applications, requiring thorough freedom-to-operate analyses for new entrants.
4. Can this patent be challenged or invalidated?
Potentially, if prior art demonstrates lack of novelty or inventive step. However, its specificity and prosecution history can make invalidation difficult.
5. How does this patent impact market access in South Korea?
It can serve as a significant barrier to entry or licensing, providing exclusive rights that can be monetized or used defensively against competitors.
References
- Example patent document, KR101280138, South Korean Intellectual Property Office (KIPO), 2013.
- KIPO patent examination guidelines, 2022.
- Relevant comparative patents and patent families in the pharmaceutical sector (public databases).
Note: This analysis, while comprehensive, uses generalized presumption based on typical pharmaceutical patents with similar identifiers. For definitive interpretation, review of the full patent text, prosecution history, and related filings is necessary.
