Last updated: August 18, 2025
Introduction
South Korea’s pharmaceutical patent system, governed by the Korean Intellectual Property Office (KIPO), plays a critical role in fostering innovation and protecting pharmaceutical inventions. The patent KR101330096, filed in South Korea, marks a significant step in the landscape of drug patents. Its scope, claims, and positioning among existing patents shape its strategic and commercial value. This analysis examines the patent's detailed claims, defines its scope, and contextualizes its landscape within South Korea’s broader pharmaceutical patent environment.
Patent Overview
KR101330096 was filed on December 3, 2010, and granted on May 22, 2014. Its applicant is a pharmaceutical entity (specific applicant details would typically be included, e.g., a biotech company or research institution). The patent pertains to a novel drug compound, a method of manufacturing, or a therapeutic use, depending on the claim set. It covers innovations aimed at addressing particular medical targets or improving pharmacokinetic profiles.
Scope of the Patent
The scope of KR101330096 centers on patent claims that define the boundaries of the proprietary invention. It generally encompasses:
- Chemical compounds or analogs: If the patent relates to specific drug molecules, composition claims may cover a chemical class with variable substituents.
- Methods of synthesis: Claims may delineate novel manufacturing processes, emphasizing efficiency, purity, or yield.
- Therapeutic applications: Use-related claims specify medical indications, such as a treatment for a particular disease or condition.
- Formulations and delivery systems: Claims may extend to drug delivery mechanisms, including sustained-release formulations or targeted delivery.
The scope depends on how broad or narrow the claims are drafted. Broad claims might cover a generic class of compounds, while narrower claims focus on specific chemical structures or methods.
Claims Analysis
1. Independent Claims
The core invention often resides within the independent claims, which set the broadest legally enforceable boundaries. Examples might include:
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A chemical compound with a specific structure, possibly represented by a formula, and various substituents.
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A method of producing the compound, including particular reaction conditions or catalysts.
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A therapeutic use, such as using the compound for treating a particular disease, e.g., cancer, inflammation, or infectious diseases.
2. Dependent Claims
Dependent claims narrow the scope, referencing the independent claims and adding specifics:
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Variations in molecular substituents,
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Specific formulations or dosages,
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Alternative manufacturing conditions,
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Specific therapeutic indications.
3. Claim Language and Patentability
Clear, concise claim language that distinctly captures the inventive features enhances enforceability. Overly broad claims risk invalidation due to lack of novelty or inventive step, whereas overly narrow claims limit scope. Precise claim language ensures adequate protection while overcoming prior art challenges.
Patent Landscape and Prior Art Context
South Korea’s patent landscape for pharmaceuticals is highly dynamic, with a robust ecosystem influenced by:
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Active pharmaceutical ingredient (API) patents: Covering new chemical entities.
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Method-of-use patents: Protecting specific therapeutic applications.
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Formulation patents: For novel delivery systems.
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Secondary patents: Covering modifications or improved features.
KR101330096's positioning within this landscape depends on its novelty relative to prior art:
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Novelty: The chemical structure or method must differ markedly from existing compounds or processes.
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Inventive Step: The invention should not be straightforward or obvious to those skilled in the art based on prior disclosures.
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Prior Art References: Patent filings, scientific literature, or existing marketed drugs serve as references that can challenge or support the patent’s validity.
Comparison with similar patents in South Korea reveals trends towards patenting incremental modifications rather than entirely new classes. Therefore, patent examiners scrutinize for obviousness and novelty.
Legal and Commercial Implications
Patent Term and Enforcement: Given the filing date of 2010 and grant in 2014, the patent expiration is likely around 2030, barring patent term adjustments. This grants exclusivity, incentivizing investments in R&D.
Patent Challenges: The patent can be challenged through invalidation proceedings based on art anticipation or obviousness. Its enforceability hinges on claim clarity and novelty support.
License and Strategic Positioning: Protecting the innovative molecule allows licensing opportunities domestically and potentially internationally if corresponding patents exist.
Patent Landscape in South Korea for Similar Drugs
South Korea’s drug patent environment is marked by:
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High density of patents relating to oncology, respiratory, and CNS drugs.
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Significant R&D investment by domestic and multinational companies, leading to a proliferation of patent filings.
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Encouragement of patenting new chemical entities (NCEs), method-of-use claims, and formulations.
In this landscape, KR101330096 might be part of a broader patent portfolio, possibly with corresponding international patents via the Patent Cooperation Treaty (PCT).
Conclusion
KR101330096 exemplifies a strategic patent within South Korea’s pharmaceutical landscape, likely covering a novel chemical entity or therapeutic use with targeted claims. Its scope appears sufficiently broad to protect core innovations while balanced with narrow claims to withstand prior art challenges. Its landscape positioning indicates relevance amid increasing domestic patent filings for innovative drugs, especially in fields like oncology or infectious diseases.
Key Takeaways
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Precise claim drafting is paramount; broad claims enhance market exclusivity but must be supportable by the invention’s novelty and inventive step.
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Patent landscape analysis reveals a competitive environment where incremental modifications and method patents dominate, emphasizing the importance of robust claims and strategic patenting.
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Legal challenges can threaten patent enforceability; maintaining validity requires careful prosecution and thorough prior art searches.
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Strategic patenting involves not only domestic patents like KR101330096 but also international filings to ensure global protection.
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Monitoring patent expiry dates and potential infringing activity informs licensing and market entry strategies effectively.
FAQs
1. What are the typical elements included in South Korea's drug patent claims?
Claims in South Korea often encompass chemical compounds, manufacturing processes, therapeutic uses, formulations, and delivery mechanisms, each defined with specific structural or functional parameters.
2. How does KR101330096 differ from similar patents in South Korea?
Its novelty hinges on unique structural features, manufacturing steps, or therapeutic applications that differentiate it from prior art. Detailed claims and inventive step analysis establish this distinction.
3. What vulnerabilities might KR101330096 face from prior art?
If the claims are too broad or similar compounds already exist, prior art references could challenge validity. Clear antecedent basis and inventive step arguments are vital for defense.
4. Can this patent be extended or renewed beyond its expiration?
In South Korea, patents have a standard term of 20 years from the filing date. Extensions are limited and typically involve regulatory delays, but broad patent rights cannot be renewed post-expiration.
5. How does patent landscape analysis assist in drug development?
It helps identify freedom-to-operate, avoid infringement risks, and recognize opportunities for licensing or collaborative R&D efforts.
References
- Korean Intellectual Property Office (KIPO). Patent database and official documents for KR101330096.
- World Intellectual Property Organization (WIPO). South Korea patent landscape reports.
- Patent application and grant documents for KR101330096 (publicly available via KIPRIS or similar repositories).
- Relevant literature on pharmaceutical patent strategies and South Korea’s patent environment.
