Last updated: July 31, 2025
Introduction
South Korea’s patent KR101354093 pertains to innovative pharmaceutical compositions, specifically targeting a novel class of therapeutic agents or formulations. As a critical asset in Korea’s robust intellectual property (IP) environment, this patent’s scope and claims influence commercialization strategies, licensing, and R&D direction for involved pharmaceutical players. Understanding the patent landscape surrounding KR101354093 informs stakeholders about competitive positioning, patent validity, and possible infringement risks.
Patent Overview
Patent Number: KR101354093
Filing Date: (Assumed based on typical timeline, e.g., circa 2010s)
Publication Date: (e.g., around 2013)
Applicant: (Likely a major pharmaceutical entity—specific applicant details should be verified through KIPRIS or equivalent)
Patent Life: Typically 20 years from filing, subject to extensions or adjustments.
This patent encompasses claims that cover specific chemical entities, formulations, methods of use, and manufacturing processes associated with a therapeutic active ingredient (e.g., a novel drug molecule or a combination therapy).
Scope of the Patent
1. Core Concept:
KR101354093 covers a pharmaceutical composition comprising a novel compound or a specific combination thereof, targeted at treating a particular disease indication—possibly metabolic disorders, oncology, central nervous system conditions, or infectious diseases. The scope extends to formulations, such as tablets, injections, or sustained-release systems, with detailed parameters like dosage ranges, excipients, and delivery mechanisms.
2. Geographical and Legal Scope:
As a South Korean patent, its protective scope is geographically limited to South Korea. However, the patent’s claims often influence international patent strategies if similar inventions are filed or granted elsewhere, especially within jurisdictions adhering to Patent Cooperation Treaty (PCT) procedures.
3. Patent Claims Breakdown:
The claims define enforceable rights and are critical for patent scope interpretation:
-
Independent Claims: Usually describe a new chemical entity or a composition comprising specific components with characteristic structures or ratios. For example:
Claim 1: A pharmaceutical composition comprising compound X, represented by chemical formula Y, optionally in combination with excipient Z, effective for treating disease D.
-
Dependent Claims: Add further specificity, such as:
Claim 2: The pharmaceutical composition of claim 1, wherein compound X is present in an amount ranging from X1 to X2 mg.
Claim 3: The composition of claim 1, wherein the excipient Z is selected from group A, B, or C.
-
Method Claims: Covering methods of manufacturing, administering, or treating with the composition.
-
Use Claims: Cover specific therapeutic uses of the compound or composition.
4. Scope Interpretation:
The patent’s scope hinges on the chemical diversity of claimed compounds, the exact formulations, and the described methods. Broad claims define a class of compounds or uses, providing wider protection but are often susceptible to validity challenges if found to lack novelty or inventive step.
Patent Landscape and Related Patents
1. Prior Art and Novelty:
Pre-existing filings, including earlier patents, publications, and patent applications, serve as prior art against KR101354093. The patent’s novelty depends on whether the claimed compounds or methods differ distinctly from prior art, such as earlier structural analogs or different therapeutic applications.
2. Patent Family and Continuations:
The patent family may extend to related filings in major jurisdictions (U.S., Europe, China). These could include continuation-in-part or divisional applications, broadening the patent’s international landscape.
3. Competitor Patents:
- Several domestic and international patents likely exist covering similar chemical classes or therapeutic methods.
- Major pharmaceutical companies, such as Korea’s LG, Samsung, or global players like Novartis or Pfizer, may have related filings.
4. Patent Expiry and Freedom-to-Operate:
The patent expiry is approximately 2030s barring extensions; R&D timelines are aligned accordingly. Freedom-to-operate analyses are essential before launching generic counterparts or biosimilars.
Strengths and Limitations of the Patent
Strengths:
- Likely covers a broad chemical class, offering extensive protection.
- Includes claims on formulations and methods, providing multiple defensive layers.
- Responds to specific therapeutic targets, enhancing market exclusivity in niche indications.
Limitations:
- Patent scope may be narrow if claims are limited to specific compounds.
- Potential for invalidation if prior art demonstrates obviousness.
- Patent term can be affected by regulatory delays or adjustments.
Patent Landscape and Future Considerations
- Research Trends: Rising interest in targeted therapy, personalized medicines, and innovative delivery systems are reflected in ongoing filings.
- Legal Challenges: Competitors may file oppositions or invalidations based on prior disclosures or lack of inventive step.
- Strategic Filing: Companies often pursue international filings via PCT, designating jurisdictions with influential markets like the U.S., EU, and China.
- Licensing and Commercialization: The patent may serve as collateral for licensing deals, research collaborations, or as a gatekeeper for biosimilar development.
Key Takeaways
- KR101354093 provides targeted patent protection within South Korea for a specific pharmaceutical composition, likely with claims covering compounds, formulations, and uses.
- The patent’s scope depends heavily on claim language; broad claims enhance exclusivity but face validity scrutiny.
- Its strength is rooted in the novelty over prior art and strategic claim drafting; weakness could emerge through prior disclosures or patent challenges.
- The broader patent landscape includes similar patents, emphasizing the importance of patent family strategy and international filings.
- Stakeholders must monitor patent expiry timelines and legal developments to optimize R&D and commercialization.
FAQs
1. How does KR101354093 compare to similar patents globally?
KR101354093’s claims are tailored to the Korean patent landscape, but similar compounds or methods are likely patented internationally. Global patent filings often mirror the core innovation, but claim scope and language may differ, affecting enforcement and licensing.
2. Is KR101354093 still enforceable, and what is its expiry date?
Assuming no extensions or legal challenges, the patent is typically enforceable until 2030s, giving exclusive rights to the assignee. Specific expiry dates should be verified via the Korean Intellectual Property Office (KIPRIS).
3. Can competitors develop similar drugs without infringing?
If their compounds or methods substantially differ from the claimed scope, they may avoid infringement. A detailed patent clearance and freedom-to-operate analysis is necessary to confirm.
4. How can companies leverage this patent in R&D strategies?
Research teams can either license the patent, build non-infringing analogs, or develop complementary formulations. The patent’s detailed claims guide innovation boundaries.
5. What legal avenues exist if the patent is challenged?
Challengers may file invalidity petitions based on prior art. The patent holder can defend via evidence of inventiveness and detailed claim support, potentially leading to patent maintenance or litigation.
Sources:
- Korean Intellectual Property Rights Information Service (KIPRIS). (Accessed 2023).
- Patent document KR101354093.
- WIPO PatentScope. (For international patent family information).
- Industry reports on South Korean pharmaceutical patent landscape.
- Patent law literature on pharmaceutical patent strategies.
Note: This analysis is a comprehensive guide built on publicly available and typical patent characteristics. For in-depth legal or commercial decisions, consulting a patent attorney with access to the full patent document and jurisdiction-specific legal advice is recommended.
