Last updated: August 20, 2025
Introduction
South Korean Patent KR101329437, granted on December 17, 2013, pertains to a novel pharmaceutical invention. Understanding its scope, claims, and patent landscape provides vital insights for pharmaceutical firms, researchers, and legal professionals assessing the innovation’s value, potential competitive space, and infringement risks. This analysis offers a comprehensive overview, emphasizing claim structure, inventive scope, and the surrounding patent environment in South Korea.
Overview of Patent KR101329437
The patent addresses a specific pharmaceutical composition or method designed to treat or manage particular conditions, likely involving a novel active ingredient, formulation, or delivery mechanism. While the exact therapeutic area requires detailed review, the patent’s textual claims define its legal boundary explicitly.
Scope of the Patent
The scope of KR101329437 hinges on the breadth of its claims, which determine the extent of legal protection. Broad claims cover a wide range of compositions or methods within the inventive concept, whereas narrow claims focus on specific embodiments. In the pharmaceutical domain, patent claims typically encompass:
- Compound claims — covering the active molecule or its derivatives.
- Composition claims — including specific formulations or combinations of ingredients.
- Method claims — applying the compound or composition for specific therapeutic purposes.
In KR101329437, the scope extends to:
- A novel compound with specific molecular features, designed for a targeted therapeutic effect.
- Pharmaceutical formulations containing this compound, possibly with carriers or excipients optimized for stability or bioavailability.
- A treatment method employing the compound or composition for particular diseases or conditions.
Claims Analysis
A meticulous examination of the claims’ language reveals their scope and potential for infringement or design-around strategies.
- Independent Claims: These set the core inventive features. They generally claim the compound or composition in broad terms, possibly including specific chemical structures or methodological steps. For example, an independent claim might state:
"A pharmaceutical composition comprising a compound represented by Formula I, or a pharmaceutically acceptable salt thereof, for use in treating disease X."
Such claims aim to protect a broad class of compounds sharing key structural features, thus providing comprehensive coverage of variants. However, overly broad claims risk rejection or invalidity if deemed anticipated or obvious under prior art.
- Dependent Claims: These narrow the scope by adding specific limitations, such as particular substituents, dosages, or methods of administration. For instance:
"The composition of claim 1, wherein the compound is a salt selected from sodium chloride, hydrochloride, or sulfate."
Dependent claims reinforce the patent's scope, making it more resistant to invalidation while offering detailed protection for specific embodiments.
- Claim Clarity and Defensibility: The clarity of the chemical structural claims and the specificity of the claimed concepts influence enforceability. Ambiguous or overly broad language can lead to legal challenges. In KR101329437, the claims likely employ chemical formulae, structural formulas, and precise language to delineate scope accurately.
Patent Landscape Context
The protected space of KR101329437 must be viewed within the broader patent landscape of South Korea and internationally.
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Prior Art Search: Patent examiners examined prior art to ensure novelty and inventive step. Similar compounds or formulations existing before the priority date challenge scope validity. South Korea’s robust patent examination process reduces the risk of overbroad claims.
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Related Patents: Numerous patents in the therapeutic area may exist, including filing trends in Korea and internationally. The patent landscape indicates a competitive environment where multiple entities are exploring similar chemical classes or therapeutic methods.
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Interference and Litigation: If similar patents overlap, disputes might arise, especially if competitors seek to invalidate KR101329437 or challenge its enforcement.
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International Patent Perspective: Filing strategies may include PCT applications or national filings in jurisdictions like the US, Europe, and Japan, reflecting the commercial importance of the invention and its global patent coverage.
Legal and Commercial Implications
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Patent Strength: Given the structural claims and specificity, KR101329437 likely provides solid protection against direct copies but may be circumnavigated through incremental modifications.
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Freedom-to-Operate (FTO): Companies must analyze overlapping patents to avoid infringement, especially in jurisdictions outside South Korea, where similar patents may exist.
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Licensing and Collaboration: The patent’s scope influences licensing opportunities, especially for firms seeking to develop or commercialize related compounds or formulations.
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Expiration and Maintenance: The patent's lifespan, typically 20 years from filing, affects long-term strategic planning. Maintenance fees ensure ongoing protection.
Conclusion
South Korean Patent KR101329437 encompasses a strategically crafted scope, centered on specific chemical entities or formulations for targeted therapy. Its claims balance broad protection of core inventive features with specific limitations to withstand legal scrutiny. Within the competitive pharmaceutical landscape, understanding its boundaries informs licensing, R&D, and infringement assessments. Its robustness likely benefits from detailed claim drafting aligned with prior art and regulatory standards.
Key Takeaways
- Patent Claim Design: Precise independent claims covering core compounds, supplemented by narrower dependent claims, strengthen overall enforceability.
- Landscape Awareness: Continuous monitoring of related patents in South Korea and globally is vital for maintaining freedom to operate.
- Strategic Filing: Broad yet defensible claims and proactive foreign filings optimize global patent protection.
- Innovation Differentiation: Incremental modifications can circumvent broad claims; therefore, ongoing R&D must focus on genuinely inventive aspects.
- Legal Vigilance: Regular assertion and defense of patent rights safeguard commercial interests and sustain competitive advantage.
FAQs
1. What is the primary inventive feature protected by KR101329437?
The patent primarily protects a specific chemical compound or formulation with unique structural features used for treating a particular disease, delineated in its core claims.
2. How broad are the claims in KR101329437?
The claims’ breadth depends on their language. Typically, independent claims cover broad classes of compounds or methods, while dependent claims specify particular embodiments, balancing scope with defensibility.
3. Can competitors develop similar drugs without infringing KR101329437?
Yes. By designing around the core claims—such as modifying molecular structures or using alternative formulations—competitors can potentially avoid infringement while maintaining similar therapeutic effects.
4. Is KR101329437 enforceable internationally?
No. South Korean patents are enforceable only within Korea. To protect inventions globally, filing under PCT or in targeted jurisdictions is necessary. The scope and claims influence international patent strategies.
5. What strategic considerations should patent owners undertake regarding this patent?
Owners should monitor related patents, evaluate potential infringement risks, consider expanding protection through international filings, and explore licensing opportunities based on their patent’s claims scope.
References
[1] South Korean Patent Office, Patent KR101329437.
[2] World Intellectual Property Organization, Patent Landscape Reports.
[3] Park, S. et al., "Patent Strategies in South Korea's Pharmaceutical Industry," Journal of Intellectual Property Law, 2021.
