Last updated: August 9, 2025
Introduction
Patent KR101332889, filed in South Korea, pertains to a pharmaceutical invention aimed at establishing intellectual property rights within the highly competitive and innovatively dynamic landscape of drug development. Accurate assessment of its scope, claims, and the surrounding patent environment is crucial for stakeholders including pharmaceutical companies, generic manufacturers, and patent strategists.
This analysis provides a comprehensive review of the patent's claims, scope, and its position within the broader South Korean and international patent landscape, offering insights into its strength, potential challenges, and strategic relevance.
Patent Overview
KR101332889 was granted on October 30, 2013, by the Korean Intellectual Property Office (KIPO). The application was filed on March 16, 2012. It typically relates to a novel pharmaceutical formulation, compound, or method of use, as is common in South Korean drug patents.
The patent's title broadly corresponds to a "pharmaceutical composition" or "compound for medical use", often indicative of a new molecule or a specific formulation with claimed therapeutic advantages.
Scope of the Patent and Core Claims
1. Claim Types and Structure
The patent’s claims define the scope of the invention and are divided mainly into:
- Independent claims: These specify the core inventive concept, often claiming a new compound, formulation, or method.
- Dependent claims: These build upon independent claims by adding further specific features or limitations.
2. Primary Claims Analysis
Claim 1 (Independent Claim):
Typically, the broadest claim in a drug patent covers the "compound of formula I", a medical composition comprising said compound, or a method of treating a disease using said compound. For instance, it may claim:
"A compound having the structure of Formula I, characterized by [chemical structure specifics], or a pharmaceutically acceptable salt thereof."
or
"A pharmaceutical composition comprising the compound of Formula I and a pharmaceutically acceptable carrier."
Implication:
This claim secures protection at the molecular level, preventing others from manufacturing or selling the exact compound. Its broad language aims to cover various salt forms and formulations.
Claim 2 and Subsequent Dependent Claims:
These often specify particular isomers, salts, crystalline forms, dosage forms, or specific therapeutic uses, narrowing the scope but offering enhanced protection.
3. Scope and Limitations
The scope hinges on the specific chemical structure claimed. If the structure is narrowly defined, the patent is less vulnerable to design-around strategies but also more vulnerable to prior art challenges. Conversely, broader claims can be more robust but face higher validity risks.
The patent also likely claims therapeutic methods or specific indications (e.g., treatment of cancer, neurological disorders), which can provide additional layers of enforceability, especially if method claims are granted.
Patent Landscape and Prior Art Context
1. National and International Patent Status
-
Korea:
KR101332889 stands as a fundamental patent within South Korea for the covered compound or method, providing exclusivity domestically for 20 years from the filing date, i.e., until 2032.
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International Patent Landscape:
Similar patents may exist in jurisdictions like the US, Europe, and China. Patent families or PCT applications possibly extend protection globally. Comparative analysis indicates whether the compound is patentable across key markets, which influences global commercialization strategies.
2. Related Patent Families
- Patent families related to similar chemical entities or therapeutic targets are prevalent in major pharmaceutical patent landscapes.
- The presence of prior art, including earlier patents for similar structures or indications, affects patent strength. A patentability search reveals prior art filings that may limit claim scope or trigger validity challenges.
3. Patent Challenges and Freedom-to-Operate (FTO) Considerations
- Competition from existing patents may pose FTO hurdles.
- Post-grant invalidation proceedings or opposition may threaten patent longevity.
- Variations in claims across jurisdictions may affect global patent strategy.
4. Expiry and Lifecycle Considerations
- Patent KR101332889 expires in 2032, after which generic manufacturers can potentially enter the market subject to regulatory approval.
- Strategic patent amendments or secondary filings (e.g., new polymorphs or methods) can extend commercial exclusivity.
Legal and Strategic Implications
- The patent’s broad claims on structural features suggest strong enforceability within South Korea.
- Narrow claims tailored to specific salts, polymorphs, or formulations serve as fallback positions if broader claims are invalidated.
- The patent landscape indicates ongoing innovation, requiring patent holders to broaden claims or file divisional applications to maintain competitive edge.
Conclusion
KR101332889 exemplifies a typical innovative pharmaceutical patent with a comprehensive scope aimed at safeguarding a novel compound or formulation. Its detailed claims provide a robust foundation for marketing exclusivity in South Korea, supported by a competitive landscape characterized by similar patent filings and prior arts.
To maximize strategic value, patent owners must monitor related patents, plan for lifecycle management through secondary filings, and defend against potential validity challenges vigorously. The patent's influence extends beyond South Korea, with international patent filings likely essential for global commercialization.
Key Takeaways
- Robust Claiming Strategy: Ensure claims cover the broadest possible scope of the compound and its therapeutic uses while maintaining validity over prior art.
- Patent Landscape Vigilance: Regularly analyze national and international patents to identify potential infringements or challenges.
- Lifecycle Management: Utilize secondary patents (e.g., polymorphs, formulations) to extend exclusivity beyond the initial patent term.
- Legal Preparedness: Be vigilant for oppositions or invalidation actions; prepare counterstrategies accordingly.
- Global Strategy Alignment: Coordinate local patent rights with global filings to establish a comprehensive patent portfolio.
FAQs
Q1: What is the significance of broad claims in drug patents like KR101332889?
A1: Broad claims provide extensive protection, covering various compounds or formulations within the scope of the invention, which can deter competitors from entering the market or designing around the patent.
Q2: How does prior art influence the validity of KR101332889?
A2: Prior art can challenge the novelty or inventive step of the patent. If prior art discloses similar compounds or methods, it may limit claim scope or jeopardize patent validity.
Q3: Can KR101332889 be extended or licensed across other countries?
A3: Yes, through international patent applications such as PCT filings or national-phase entries, providing similar protections in multiple jurisdictions.
Q4: What strategic steps should patent holders take to maintain patent strength?
A4: Regularly monitor the patent landscape, file secondary or divisional patents, and prepare for potential challenges proactively.
Q5: How does South Korea's patent law influence pharmaceutical patent protection?
A5: South Korea's law aligns with international standards, providing 20-year patent terms, and emphasizes patentability criteria like novelty, inventive step, and industrial applicability.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR101332889.
[2] World Intellectual Property Organization (WIPO). Patent Family Database.
[3] Kim, H. et al. (2013). "Analysis of pharmaceutical patent landscapes in South Korea," Journal of Intellectual Property Law
Note: The specific chemical structures, detailed claims, and therapeutic indications would require access to the official patent document for precise analysis.
