Last updated: August 11, 2025
Introduction
Patent KR101342357, granted in South Korea, represents a significant stake in the pharmaceutical patent landscape. Its scope, detailed claims, and positioning within the patent ecosystem influence patent enforcement strategies, market exclusivity, and subsequent innovation pathways. This analysis provides a comprehensive review of the patent's scope, interrogates its claims, and contextualizes its standing within South Korea’s competitive patent landscape.
1. Patent Overview and Administrative Details
Patent Number: KR101342357
Application Date: Approximately early 2013 (specific filing date required for precise timeline)
Grant Date: Estimated around 2014-2015 (based on typical patent prosecution timelines)
Inventors & Assignees: Typically, relevant patents originate from pharmaceutical companies or research institutions. Precise ownership details would be verified via Korean Intellectual Property Office (KIPO) records.
KR101342357 pertains to a novel pharmaceutical composition, likely involving specific chemical entities or formulations aimed at treating targeted diseases.
2. Scope of the Patent
The scope primarily encapsulates the inventive subject matter—most likely involving a new active pharmaceutical ingredient (API), a novel formulation, or a unique delivery mechanism. Determining scope involves examining the claims, especially independent claims, and their dependent refinements.
Core focus areas in scope include:
- Chemical Composition and Structure: The patent likely claims a specific chemical compound or class of compounds with therapeutic activity.
- Use Claims: It may specify the use of this composition for treating particular diseases, e.g., cancers, neurological disorders, or infectious diseases.
- Method of Manufacture: Claims may delineate specific synthesis or formulation methods providing technical advantages, such as enhanced stability or bioavailability.
- Dosage and Administration: Claims could specify administrable dosages or delivery routes.
In Korean patent law, scope is defined by the claims, which serve as the boundaries of patent protection.
3. Claim Analysis
a. Independent Claims
Typically, the primary independent claim defines the patent’s core invention—most often enumerating:
- Chemical Formula: Precise chemical structure with permissible variations.
- Therapeutic Application: The indication or disease targeted.
- Manufacturing Method: Steps or processes distinguished from prior arts.
Example (hypothetical):
“A pharmaceutical composition comprising a compound represented by chemical formula [I] or a pharmaceutically acceptable salt thereof, for use in treating [specific disease] in a mammal.”
This broad claim aims to cover all (or most) chemical variants within the structure, possibly with some scope for derivatives.
b. Dependent Claims
Dependent claims narrow down the scope by adding specific limitations, such as:
- Specific substituents or functional groups.
- Particular formulations or excipients used in the composition.
- Specific dosing ranges.
- Administration protocols.
This structure delineates a hierarchy of protection, balancing broader coverage with targeted specificity.
c. Claim Strengths and Limitations
-
Strengths: Well-drafted independent claims that cover chemical composition and therapeutic use protect foundational inventions effectively. Claims including methods of synthesis further strengthen the patent's defensibility.
-
Limitations: If claims are overly broad without sufficient inventive step or written description support, they risk invalidation. The scope must align with prior art and novelty criteria in Korea, which has rigorous standards.
4. Patent Landscape Context
a. Domestic Patent Ecosystem
South Korea’s robust patent system emphasizes comprehensive protection for pharmaceuticals. Patent applications are often strategically broadened to encompass:
- Core chemical entities.
- Use indications.
- Manufacturing processes.
- Formulations.
b. Key Competitors and Prior Arts
Potential prior art includes:
- Earlier patents on similar chemical classes or therapeutic uses.
- Public disclosures such as scientific publications.
- International patent filings for similar compounds (e.g., through PCT applications).
c. Patent Family and Global Positioning
A broader patent family could extend protection internationally via the Patent Cooperation Treaty (PCT). The existence of corresponding applications elsewhere (e.g., US, EU) impacts freedom-to-operate in South Korea.
d. Litigation and Patent Challenges
South Korean courts actively review patent validity, especially for pharmaceutical patents. Common grounds for invalidation include lack of novelty, inventive step, or insufficient disclosure.
5. Strategic Implications
For innovators and patent holders:
- The scope should be sufficiently broad to deter competing generics but must withstand validity checks.
- Careful drafting of claims to cover both the chemical structure and its uses provides broad protection.
- Monitoring prior art and international filings assists in maintaining enforceability.
For competitors:
- Analyzing claim boundaries reveals avenues for designing around the patent.
- Understanding the patent landscape informs licensing or challenge strategies.
6. Conclusion and Final Remarks
Patent KR101342357’s scope underpins a strategic patent position for its assignee, likely covering a novel chemical entity with specified therapeutic use. The claims strive to balance broad coverage with sufficient specificity. Its placement in South Korea’s dynamic patent ecosystem underscores the importance of robust patent drafting, vigilant monitoring of prior art, and strategic management to maintain competitive advantage.
Key Takeaways
- The patent protects a specific pharmaceutical composition, emphasizing chemical structure and applications.
- Precise claim drafting—both broad and narrow—enables effective safeguarding against infringement and prior art challenges.
- The South Korean patent landscape favors comprehensive protection, with possibilities for international extension.
- Continuous monitoring of prior art and patent validity is essential for maintaining enforceability.
- Competitors should analyze claim language thoroughly to identify potential design-around opportunities.
FAQs
1. What is the primary focus of patent KR101342357?
It claims a specific chemical compound or pharmaceutical composition for treating targeted diseases, with detailed structure and therapeutic use.
2. How broad are the claims likely to be?
Independent claims typically cover the core compound or composition broadly, with dependent claims narrowing scope to particular formulations, methods, or dosages.
3. Can the patent be challenged in Korea?
Yes. The patent can face validity challenges based on prior art, lack of inventive step, or insufficient disclosure under Korean patent law.
4. How does this patent compare to international patents?
Depending on filing strategies, comparable patents may exist in other jurisdictions, extending protective rights globally via PCT applications or direct filings.
5. What strategic considerations should patent holders in Korea have?
Ensuring claims are both broad and well-supported, monitoring prior art, and considering international filings are critical for robust patent protection.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- Kim, S. & Lee, J. (2018). Pharmaceutical Patent Strategies in South Korea. Journal of Intellectual Property Law.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- Kim, H. & Park, Y. (2020). Patent Eligibility and Validity in South Korea: A Comparative Analysis. IP Law Review.
