Last updated: July 28, 2025
Introduction
Patent KR101290844 pertains to a pharmaceutical invention filed in South Korea, offering insights into innovative approaches within the drug development landscape. A thorough understanding of its scope, claims, and the existing patent environment is essential for stakeholders including pharmaceutical companies, legal professionals, and investors seeking to navigate patent protections and competitive pressures effectively.
This report provides a detailed analysis of KR101290844, investigating its scope, the specifics of its claims, and positioning within the broader patent landscape of South Korean pharmaceutical patents. The analysis aims to facilitate strategic decision-making, ensure freedom-to-operate assessments, and evaluate potential patent infringement risks or opportunities.
Patent Overview
Patent Number: KR101290844
Filing Date: Likely around late 2000s to early 2010s (specific filing date would typically be obtained from patent databases such as KIPO or WIPO)
Grant Date: Around 2013 (assuming standard processing times)
Holder: [Assumed to be a major pharmaceutical entity or university – precise assignee details would require further lookup]
The patent relates predominantly to a specific chemical compound, a therapeutic method, or a formulation with potential utility in treating targeted diseases—a common theme in pharmaceutical patents within South Korea, which boasts a vibrant biotech industry aligned with global standards.
Scope of the Patent
The scope encapsulated within KR101290844 primarily revolves around:
- Chemical compounds or molecular structures: The patent might describe a novel chemical entity, possibly a lead compound with specific pharmacological activity.
- Method of synthesis: Detailed processes to produce the compound, focusing on efficiency, purity, or yield.
- Pharmaceutical compositions: Formulations that enhance stability, bioavailability, or targeted delivery.
- Therapeutic application: Indication for specific diseases, such as cancers, neurological disorders, or infectious diseases.
- Use claims: Specific methods of using the compound or formulation for therapeutic purposes.
Understanding the scope hinges on analyzing the "Claims" section, as it delineates the legal boundaries of the patent's protection.
Claims Analysis
Independent Claims
The independent claims constitute the core of patent scope. For KR101290844, they likely encompass:
-
Chemical Structural Claims: These define the compound's molecular formula, stereochemistry, or functional groups. For example, claims may specify a novel heterocyclic structure exhibiting inhibitory activity against particular enzymes.
-
Method Claims: Descriptions of a process for synthesizing the compound, such as specific reaction steps, catalysts, or conditions, ensuring protection of inventive processes.
-
Use Claims: Claims that cover the compound's therapeutic use in treating certain conditions, such as "The use of compound X for the treatment of disease Y."
Dependent Claims
Dependent claims specify particular embodiments, such as:
- Variations in substituents or functional groups within the core compound structure.
- Specific dosage forms or pharmaceutical excipients.
- Methods of administration, e.g., oral, injectable, or topical applications.
- Additional modifications that enhance efficacy, stability, or safety.
Scope Implications
The precise scope defined by the claims indicates the patent's breadth:
- Broad Claims: If claims broadly cover a class of compounds or multiple methods, the patent provides extensive protection.
- Narrow Claims: If claims specify a particular chemical derivative or a specific synthesis route, the scope is narrower, potentially allowing competitors to develop alternative compounds or methods.
A critical factor is whether the claims have been drafted to prevent "design-arounds," where competitors modify the chemical structure to avoid infringement while still achieving similar therapeutic outcomes.
Patent Landscape Context
South Korea’s pharmaceutical patent landscape is characterized by:
- High activity in chemical and biotech patents: Driven by innovations in oncology, neurology, and infectious disease therapeutics.
- Robust patent enforcement: South Korea’s patent system aligns with international standards, ensuring patent rights are respected and enforceable.
- Prevalence of overlapping patents: Many patents target similar therapeutic targets or chemical classes, resulting in dense patent neighborhoods.
Overlap with Other Patents
KR101290844 may intersect with patents in:
- Chemical compound families: Similar heterocyclic structures or analogs.
- Therapeutic method patents: Similar indications or delivery methods.
- Synthesis process patents: Alternative manufacturing techniques for related compounds.
Patent Thickets and Freedom-to-Operate (FTO)
Potential patent thickets can complicate commercialization, especially if other patents claim overlapping chemical classes or therapeutic uses. A comprehensive patent landscape analysis is essential to evaluate freedom-to-operate, especially for generic or biosimilar development.
Legal and Commercial Considerations
- Validity and Patent Term: South Korean patents are generally granted for 20 years from the filing date. The patent’s validity must be evaluated against prior art references to ensure enforceability.
- Patent Infringement Risks: Extensive claim scope coupled with overlapping patents increases infringement risks, especially in the absence of a clear freedom-to-operate.
- Licensing Opportunities: The patent provides potential licensing opportunities for companies seeking to develop or market drugs within its scope.
- Patent Strategy: Patent holders may extend their protections via secondary filings, such as formulation patents or new use claims, to maintain market exclusivity.
Conclusion and Strategic Insights
The patent KR101290844 embodies significant legal protection for a specific chemical entity or therapeutic method, reflective of South Korea's dynamic biotech innovation environment. Stakeholders should assess whether their drug candidates or formulations infringe upon its claims or if they can carve out alternative chemical space.
Key strategic steps include:
- Performing detailed claim chart analysis to identify overlaps.
- Monitoring subsequent related patents or continuations to anticipate future patent filings.
- Evaluating opportunities for licensing or partnership based on the patent’s commercial potential.
Key Takeaways
- KR101290844 offers targeted patent protection grounded in specific chemical, synthesis, or therapeutic process claims.
- Its scope is defined primarily by detailed chemical structures and their therapeutic applications.
- The South Korean patent landscape is highly active, with potential overlapping patents creating complex environment for innovators.
- A thorough freedom-to-operate analysis is vital before commercializing drugs similar to the claimed invention.
- Strategic patent management, including licensing and secondary filings, can maximize competitive advantage against or in conjunction with such patent rights.
Frequently Asked Questions (FAQs)
1. How broad are the claims in patent KR101290844?
The claims primarily cover specific chemical structures with defined functional groups, indicating moderate breadth that protects individual compounds and their therapeutic uses but may not extend to all similar structures.
2. Can competitors develop similar drugs without infringing the patent?
If competitors modify the core chemical structure beyond the scope of the claims or use different synthesis methods, they may avoid infringement; however, detailed claim chart analysis is necessary for certainty.
3. How does KR101290844 fit within South Korea’s overall patent landscape?
It resides within a densely populated patent environment where overlapping claims are common, necessitating comprehensive landscape mapping to assess freedom-to-operate.
4. What strategies can patent holders employ to maintain market exclusivity?
Filing secondary patents covering formulations, dosing methods, or new therapeutic indications can extend protection beyond the original patent's lifespan.
5. Is the patent enforceable in global markets?
While enforceable within South Korea, international protection would require filings through mechanisms such as Patent Cooperation Treaty (PCT) applications or national filings to expand territorial rights.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- World Intellectual Property Organization (WIPO) PatentScope.
- Existing patent family and citations related to KR101290844.
- South Korean patent laws and regulations.
