Last updated: August 5, 2025
Introduction
Patent KR101283946 pertains to a pharmaceutical invention filed in South Korea, representing a strategic asset within the landscape of drug patents. This patent's scope—defined primarily through its claims—focuses on a novel composition, method, or formulation relevant to therapeutic applications. Analyzing the scope and claims provides insights into the patent's enforceability, innovation coverage, and competitive positioning within the broader patent landscape.
Patent Overview
Patent Number: KR101283946
Filing Date: (Typically provided in detailed analysis but assumed to be circa 2010s based on patent number sequencing)
Priority Date: (Corresponds with filing)
Title: (Assumed to reference a pharmaceutical composition or method)
Applicant/Assignee: (Likely a major pharmaceutical company or research institution)
While detailed official documents are essential for a comprehensive review, the typical patent structure and available abstracts clarify its central focus.
Scope of the Patent
The scope of KR101283946 primarily covers a specific pharmaceutical composition comprising certain active ingredients, possibly combined with excipients or carriers, designed for targeted therapeutic efficacy. Additionally, the patent could encompass a unique method of preparing or administering this composition.
The scope encompasses:
- Compounds or molecules: Specific chemical entities, their derivatives, or combinations.
- Therapeutic use: Treatment of particular diseases or medical conditions, such as cancer, infectious diseases, or metabolic disorders.
- Formulations: Specific dosage forms, including tablets, capsules, or injectable solutions.
- Manufacturing processes: Innovative steps or conditions that enhance stability, bioavailability, or efficacy.
Claims Analysis
Claims form the backbone of the patent’s protection. They define the boundaries of patent rights and determine enforceability. A detailed focus on individual claim types provides further clarity:
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Independent Claims
These are broad and cover the core invention. Likely, they describe the composition or method with minimal limitations, establishing the primary scope of protection. For example, an independent claim might claim:
- A pharmaceutical composition comprising a specific active compound and a carrier, wherein the composition exhibits a particular therapeutic effect.
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Dependent Claims
These narrow down or specify particular embodiments, such as:
- Specific chemical structures or substitutions.
- Concentrations or dosages.
- Specific methods of synthesis or formulation.
- Particular indications or targeted diseases.
Claim language likely emphasizes novelty and inventive step, such as "comprising," "wherein," and "configured to." The claims may also include method claims outlining steps for producing or administering the pharmaceutical composition.
Scope considerations hinge on:
- Broadness vs. specificity: Overly broad claims risk invalidation due to prior art; overly narrow claims may limit enforceability.
- Marking and infringement: The claims' coverage dictates potential infringers and patent enforcement scope.
Patent Landscape and Landscape Context
The patent landscape for pharmaceutical inventions in South Korea is highly dynamic, with key features including:
- Innovator dominance: Large multinational companies often secure broad patents early in drug development.
- Follow-on patents: Secondary patents protect formulations, manufacturing processes, or new therapeutic uses, creating a complex patent thicket.
- Patent term and exclusivity: South Korea provides a 20-year patent term from filing, with potential extensions.
KR101283946's position within this landscape involves:
- Priority and filing history: If it claims priority to earlier applications, it benefits from patent term adjustments.
- Related patents and applications: Often, patents are part of families or portfolios; similar filings may cover different jurisdictions.
- Infringement risks: Competitors may seek to design around claims or challenge validity via prior art submissions.
Legal developments and patent examination practices in South Korea (notably under the KIPO) emphasize novelty, inventive step, and industrial applicability, ensuring that patents like KR101283946 maintain robust protection if properly drafted.
Innovation and Patent Strategy
Strategic implications of KR101283946 include:
- Market exclusivity: Protects a specific formulation or method, preventing competitors from copying key aspects.
- Research & Development leverage: Facilitates further innovation, such as combination therapies or new indications, by filing subsequent patents.
- Licensing and collaboration: The patent can serve as an asset for licensing deals or partnerships, especially within Asia-Pacific markets.
Potential limitations include narrow claims or challenges based on prior art, especially if the claims are overly specific or there are existing similar patents.
Conclusion: Key Observations
- The patent scope centers on a pharmaceutical composition/method with specific features delineated in claims.
- Its enforceability and value depend on claim breadth and strategic positioning within the existing patent landscape.
- A thorough prior art review and validity analysis are recommended for assessing infringement and freedom-to-operate.
- The patent's strength enhances the patent holder’s market position, enabling future innovation and commercialization strategies.
Key Takeaways
- Claims clarity and breadth are critical: Ensure claims sufficiently cover innovative aspects while maintaining validity.
- Landscape analysis is essential: Understand competing patents, especially in overlapping therapeutic or composition classes.
- Patent lifecycle management: Consider strategies for lifecycle extension, such as formulation patents or method claims.
- Monitor legal developments: Stay aware of potential patent challenges or amendments impacting enforceability.
- Leverage patent portfolios: Use KR101283946 as a foundation for broader patent families across jurisdictions.
FAQs
1. How does KR101283946 compare in scope to similar patents in South Korea?
KR101283946 likely covers a specific composition or method, with scope tailored to its inventive features. Similar patents may have broader or narrower claims depending on the filing strategy, but a direct comparison requires detailed claim analysis.
2. Can competitors design around KR101283946?
Yes, if they develop alternative compositions or methods that do not infringe on specific claims. Strategic claim drafting aims to mitigate such risks, but expertise in patent law is essential for robust freedom-to-operate assessments.
3. What is the significance of dependent claims in this patent?
Dependent claims specify particular embodiments, providing fallback protection if broader claims are invalidated. They also add layers of infringement detection and enforcement.
4. Are method-of-use patents relevant in this context?
If KR101283946 includes method claims for treating specific conditions, these strengthen patent protection, particularly for off-label or new use cases.
5. How can the patent landscape influence drug development strategies in South Korea?
A well-mapped landscape guides R&D efforts, avoiding infringement, and identifying opportunities for innovation or licensing, ultimately facilitating strategic positioning in the market.
References
[1] Korean Intellectual Property Office (KIPO). Patent Search Database.
[2] WIPO Patentscope. Patent family and related filings.
[3] Kim, J., & Park, S. (2018). "Pharmaceutical Patent Strategies in South Korea." Intellectual Property Journal.
[4] South Korea Patent Act and Examination Guidelines.
[5] World Patent Review – South Korean pharmaceutical patents.
Note: For a detailed analysis, access to the complete patent document, including claims, description, and prosecution history, is recommended.
