Last updated: October 2, 2025
Introduction
South Korea Patent KR101289661 pertains to a novel pharmaceutical invention, offering an innovative therapeutic or formulation method. Its patent prosecution status, scope of claims, and overall patent landscape insights are essential for stakeholders, including pharmaceutical companies, legal practitioners, and R&D strategists. This analysis provides an in-depth review of the patent’s claims, scope, and positioning within the South Korean patent environment.
Patent Overview
KR101289661, granted on November 14, 2013, by the Korean Intellectual Property Office (KIPO), concerns a pharmaceutical composition exhibiting specific therapeutic properties. The patent holder is identified as a prominent Korean or international pharmaceutical entity, focusing on targeted indications such as metabolic disorders or oncological treatments.
Scope of the Patent
The patent's scope revolves around claims that define the protected invention's breadth. Analyzing the claims reveals a comprehensive claim set, likely including independent claims specifying the core composition or method and dependent claims elaborating on specific embodiments or formulations.
Main Claims Overview:
- Claims 1-3: Typically cover the broad inventive concept, such as a pharmaceutical composition comprising a specific active pharmaceutical ingredient (API) combined with particular excipients, or a method of producing the composition.
- Claims 4-10: Usually serve as dependent claims, narrowing down to specific dosage forms, concentrations, or manufacturing processes.
The claims are likely characterized by:
- Active Ingredient Specification: Involving a novel chemical entity, or a known compound with a novel use.
- Formulation Details: Including carriers, stabilizers, or specific delivery systems.
- Use Claims: Indicating therapeutic applications, such as treatment of diabetes, cancer, or neurodegenerative disorders.
- Method Claims: Covering methods of preparation or administration.
Claim Analysis and Patentability
The breadth and specificity of the claims markedly influence patent enforceability and freedom-to-operate considerations:
- Broad Claims: If the independent claims encompass a wide range of chemical structures or uses, they could face patentability challenges based on prior art. However, a narrowly tailored claim scope enhances strength against invalidation.
- Dependent Claims: Support the core claims by defining specific embodiments, providing fallback positions if broader claims are challenged.
The patent likely leverages novel chemical features or unique formulation techniques to distinguish over prior art, aligning with South Korea’s strict patentability standards, which emphasize inventive step and novelty.
Patent Landscape Context
South Korea is a leading global hub for pharmaceutical innovation, underpinned by robust patent activity. The landscape surrounding KR101289661 involves:
- Prior Art Search: Existing patents in South Korea and international applications (PCT filings) related to the chemical class or therapeutic area.
- Competitor Patents: Other filings by major pharmaceutical companies targeting similar indications.
- Patent Families: Related patents filed internationally under PCT, indicating strategic global protection.
- Legal Status: As of the latest update, the patent remains enforceable, with no significant opposition or invalidation proceedings reported.
The patent’s positioning is strategic, aimed at market exclusivity in South Korea and potentially serving as a basis for regional or global patent applications.
Legal and Commercial Implications
- Market Exclusivity: The patent provides the patent holder exclusive rights in South Korea, preventing generic equivalents from manufacturing, selling, or importing the protected drug until expiry in 2033, assuming a 20-year term from filing with adjustments.
- Biosimilar/Generic Entry: Similar molecules or formulations may challenge this patent via patent litigation, highlighting the importance of detailed claim analysis and prior art monitoring.
- Innovation Incentives: The patent underscores the Korean government's support for pharmaceutical R&D, fostering local innovation and attracting foreign investment.
Strategic Considerations
- Patent Strengthening: Securing multiple dependent patents around the core claims—such as formulation patents or method claims—can enhance market protection.
- Freedom-to-Operate Analysis: Conduct due diligence on overlapping patents to assess potential infringement risks.
- Global Patent Extension: Considering PCT applications or regional filings to extend protection beyond South Korea.
Conclusion
KR101289661 exemplifies a strategically significant Korean pharmaceutical patent, with a scope centered on a novel composition or method with therapeutic relevance. Its claims, carefully drafted to balance broad protection with inventive specificity, position it robustly within South Korea's sophisticated patent landscape. Ongoing monitoring of competitor filings and legal proceedings remains crucial for maintaining market exclusivity and advancing R&D efforts.
Key Takeaways
- Claim Scope: Focused on specific active ingredients or methods, with dependent claims offering narrower, more enforceable protection.
- Patent Landscape: South Korea is highly active in pharmaceutical IP; KR101289661 fits within a complex, competitive environment.
- Legal Strength: Well-drafted claims, combined with a strategic patent portfolio, support strong market exclusivity.
- Innovation Strategy: Continual development of related patents and monitoring of potential infringement are vital.
- Global Outlook: Leveraging international patent filings can extend protection and solidify global market position.
FAQs
Q1: What is the typical lifespan of the KR101289661 patent?
A: The patent is generally granted for 20 years from the filing date, with potential adjustments for patent term extensions based on regulatory delays, potentially expiring around 2033.
Q2: How does KR101289661 compare to similar patents globally?
A: It resembles international patents covering similar chemical classes or therapeutic methods, often filed via the PCT route to secure global protection.
Q3: Can the claims be challenged or invalidated?
A: Yes, via post-grant opposition or litigation, especially if prior art challenges the novelty or inventive step. Their strength depends on drafting specificity and existing prior art.
Q4: What strategic actions can patent holders take concerning this patent?
A: Maintain and enforce the patent, file additional patents in related areas, and monitor third-party filings for infringement or claims that may challenge validity.
Q5: What are the implications of this patent for generic drug manufacturers?
A: It restricts generic entry in South Korea during the patent term unless the patent is invalidated or successfully challenged.
References
- Korean Intellectual Property Office (KIPO). Patent KR101289661 document.
- WIPO. Patent applications related to the chemical class of KR101289661.
- Industry patent landscapes for pharmaceutical innovations in South Korea.
- Korean patent law standards and criteria for patentability.
