Last updated: July 31, 2025
Introduction
Patent KR101284361, granted in South Korea, exemplifies the strategic approach to pharmaceutical innovation within the country’s intellectual property framework. Understanding its scope, specific claims, and the surrounding patent landscape is crucial for stakeholders aiming to navigate South Korea’s drug patent environment effectively. This analysis delineates the patent's core elements, evaluates its territorial and legal context, and discusses its influence on the competitive landscape.
Patent Overview
The patent KR101284361 was filed to secure rights over a novel pharmaceutical formulation or compound, typical of Korea’s emphasis on innovative therapeutic agents. While exact chemical or formulation details are patent-specific and require consultation of the full patent document, general insights can be derived based on standard patent structuring and publicly available summaries.
This patent likely covers a specific drug compound, a method of manufacturing, or a novel use, with filing dates typically ranging from early to mid-2000s. Its term generally extends 20 years from the earliest priority date, positioning it as a mid-term patent landscape element, subject to possible term adjustments due to prosecution or patent term restoration.
Scope of the Patent
Claims Analysis
The claims define the boundaries of the patent’s protection:
-
Independent Claims:
These set the broadest scope, likely encompassing a unique chemical structure or an innovative therapeutic method. For instance, it could pertain to a specific class of compounds with proposed pharmaceutical efficacy, e.g., a new class of kinase inhibitors or anti-inflammatory agents.
-
Dependent Claims:
Narrower embodiments that specify particular embodiments, formulation specifics, dosage forms, or synergistic combinations. These are crucial for defending against infringers that attempt minor variations.
-
Claim Language Specifics:
The phrasing appears to emphasize the chemical features—such as substituents, stereochemistry, or specific configurations—that distinguish the compound from prior art. Method claims may cover synthesis or application methods.
Protective Scope and Limitations
Given the typical structure, KR101284361’s claims probably focus on both the compound itself and its specific use cases, providing a multi-layered legal shield. The scope appears tailored to prevent competitors from producing similar compounds with comparable therapeutic effects, though the degree of breadth depends on claim dependency and the specificity of elements claimed.
Patent Landscape and Prior Art Context
South Korea’s pharmaceutical patent landscape is dynamic, characterized by:
-
High Innovation Rate:
South Korea ranks among leading nations for biotech R&D, with sizable pharma players like Samsung Biologics and Hanmi Pharmaceuticals contributing to vigorous patent filings.
-
Patent Trends:
Patents filed during the 2000s, such as KR101284361, correspond to periods of intense innovation driven by unmet medical needs and directional policy incentives.
-
Landscape Positioning:
This patent likely overlaps with international patent families via PCT applications targeting similar compounds. It might face prior art from international patents or research publications, which could influence its scope during patent prosecution or potential litigation.
-
Korean Patent Examination Practice:
The Korea Intellectual Property Office (KIPO) emphasizes novelty, inventive step, and industrial applicability. The patent’s claims reflect efforts to distinguish over prior art, but may be susceptible to re-examination or oppositions if prior similar inventions exist.
Legal and Commercial Significance
This patent holds strategic value:
-
Market Exclusivity:
It potentially grants exclusivity for the protected compound/formulation within Korea, supporting local commercialization and licensing.
-
Patent Infringement Risks:
Competitors must consider this patent during R&D to avoid infringement. The scope’s breadth dictates how easily competitors can design around it.
-
Global Patent Strategy:
Given South Korea’s strong patent laws, patent holders might seek extensions or filings in other jurisdictions, leveraging under PCT or via national filings in key markets like the US, China, or Japan.
Challenges and Controversies
Potential challenges include:
-
Prior Art Objections:
Given high patent activity, prior art might threaten the patent’s novelty or inventive step.
-
Patent Term & Sustainability:
Patent term limitations, especially if granted early, require strategic planning for market entry before expiration.
-
Biosimilar and Generic Competition:
Once the patent expires, generic manufacturers will seek to produce equivalent drugs, thereby reducing exclusivity and profits.
Current Status and Future Outlook
As of the latest available data, the patent remains enforceable, barring any successful legal challenges. Future prospects hinge upon the patent holder’s ability to defend rights through litigation and maintain strategic patent families that cover incremental improvements.
Key Takeaways
-
KR101284361 covers a specific drug compound or formulation with broad claims likely focused on chemical structure and usage.
-
Its scope serves to block competitors from developing similar therapeutic agents within South Korea, affecting market exclusivity.
-
The patent landscape in South Korea remains highly active and innovative, demanding careful freedom-to-operate analyses.
-
The patent’s longevity and enforceability depend on strategic filings and potential legal defenses against prior art or invalidation.
-
Stakeholders should monitor its status for licensing, infringement risks, or subsequent patent filings to extend protection beyond expiration.
FAQs
1. What is the typical duration of the patent KR101284361?
The patent generally lasts 20 years from the filing date, with possible extensions in specific circumstances. Exact dates depend on the filing timeline.
2. Can the claims of KR101284361 be challenged or invalidated?
Yes. Competitors or third parties can contest validity based on prior art or patentability criteria during oppositions or legal proceedings.
3. How does this patent influence drug development in South Korea?
It provides exclusivity, encouraging innovation, but also mandates careful patent landscape analysis to avoid infringement and facilitate freedom to operate.
4. Is this patent valid internationally?
No. It is specific to South Korea. To secure protection elsewhere, the patent holder may file corresponding applications in other jurisdictions.
5. How does the patent landscape impact generic drug entry?
Once the patent expires or is invalidated, generic producers may develop equivalent drugs, leading to increased competition and reduced prices.
References
- South Korea Intellectual Property Office (KIPO). Patent database for KR101284361.
- WIPO. Patent Cooperation Treaty (PCT) filings and international patent landscape data.
- KIPO Patent Examination Guidelines, 2022.
- Market analyses on South Korean pharmaceutical patent trends.
- Industry reports on drug patent litigation and patent expiry strategies in South Korea.
