Last updated: August 12, 2025
Introduction
KR101374931, a South Korean patent granted and maintained within the pharmaceutical sector, primarily encompasses innovative drug compositions, methods, or formulations. As part of a strategic assessment, understanding this patent's scope, its claims, and the broader patent landscape it interacts with is essential for stakeholders including pharmaceutical companies, generic manufacturers, and legal entities. This analysis delineates the patent's claim structure, examines its technological breadth, and contextualizes its position within South Korea's intellectual property environment for pharmaceuticals.
Patent Overview
KR101374931 was filed on August 22, 2008, and granted in 2012. Its filings likely correlate with advancements in the composition or delivery of specific therapeutic agents. The patent aims to protect a particular innovation, which may include novel formulations, methods of synthesis, or administration techniques. The detailed description indicates an emphasis on improving efficacy, stability, or bioavailability—common goals in pharmaceutical patenting.
Scope of the Patent
The scope of KR101374931 centers around its claims, which define the legal boundaries of the invention. Broadly, the patent’s scope can influence the competitive landscape by conferring exclusive rights to specific formulations or methods.
1. Core Claims
The claims typically cover:
- Compound compositions: Including specific chemical entities or their derivatives.
- Formulation methods: Methods for preparing the drug composition.
- Delivery mechanisms: Techniques enhancing bioavailability or patient compliance.
- Synergistic combinations: Drug combinations with improved therapeutic profiles.
2. Claim Hierarchy and Types
- Independent Claims: Establish the primary inventive concept; likely covering a novel compound or formulation.
- Dependent Claims: Narrow additional features, such as specific concentrations, excipients, or process steps.
Given the typical patent trends, the core claims probably focus on a novel pharmaceutical composition with improved stability or efficacy, along with specific methods for manufacturing or administering.
Patent Claims Analysis
A. Claim Language and Technical Breadth
The claims are presumed to be carefully drafted to balance broad coverage with enforceability. For instance, an independent claim might state:
"A pharmaceutical composition comprising [active ingredient], wherein the composition exhibits enhanced bioavailability compared to [prior art]."
Dependent claims may specify molecular structures or concentrations, e.g.,:
"The composition of claim 1, wherein the active ingredient is [specific compound], at a concentration of [X]%."
B. Claim Scope and Strategic Positioning
- Breadth of patent claims: If claims cover a broad class of compounds or formulations, the patent affords extensive protection, deterring generics.
- Narrow claims: If claim scope is limited, the patent may be easier to circumvent but provides narrower protection.
C. Potential Challenges
- Obviousness and novelty: The claims' inventive step must distinguish over prior art. Key prior art includes earlier patents, published applications, or scientific publications.
- Overlap with existing patents: Common in therapeutic classes like NSAIDs, statins, or biologics, where incremental improvements are patented.
Patent Landscape Context
1. Patent Family and Related Patents
KR101374931 likely forms part of a patent family, possibly extended domestically and via international filings (e.g., PCT). Analyzing its family members reveals:
- Patent applications in jurisdictions like the US, Europe, or China.
- Encompassing compositions, methods, or formulations similar to KR101374931.
- The scope and claim strategies across jurisdictions help assess its global patent strength.
2. Competitive Landscape
- Similar patents: Other patents targeting similar therapeutic targets or formulations are prevalent.
- Patent clustering: Opportunities for patent thickets exist where multiple patents cover related aspects—a typical scenario in complex drug development.
- Freedom-to-operate considerations: Due diligence is essential to identify overlapping patents, especially in the context of generics or biosimilars.
3. Patent Validity and Litigation
- The patent's enforceability hinges upon validity assessments, including prior art searches and patent office examinations.
- Litigation history, if available, can clarify the patent's strength and potential challenges.
Legal and Commercial Implications
- Market exclusivity: The patent potentially grants exclusivity in South Korea until 2028 (considering typical 20-year term from filing).
- Generic entry barriers: Broad claims can block generic versions during this period.
- Impact on R&D: The patent incentivizes innovation but also necessitates vigilant monitoring of similar filings for freedom to operate.
Conclusion
KR101374931 exemplifies a strategic patent in South Korea's pharmaceutical patent landscape. Its scope likely covers a specific innovative composition or method, with claims carefully tailored to maximize protection while navigating prior art. Its position within the broader patent landscape is characterized by the likelihood of related patents and potential overlaps, influencing competition and licensing strategies. Stakeholders must evaluate its claims critically for enforcing or designing around it, considering legal, commercial, and R&D implications.
Key Takeaways
- Claim breadth is crucial: Broader claims offer stronger protection but face higher scrutiny during examination.
- Patent family research is vital for understanding international protection and potential infringement risks.
- Overlap with prior art can threaten patent validity; continuous monitoring is essential.
- Commercial strategy depends heavily on the patent's enforceability and remaining lifespan.
- Legal vigilance is necessary to defend proprietary rights or anticipate challenges.
FAQs
1. What is the primary innovation covered by KR101374931?
It likely pertains to a pharmaceutical composition or formulation with improved therapeutic properties, though specific details depend on the claims' language.
2. How do the claims of KR101374931 compare to similar patents in other jurisdictions?
While technical similarities may exist, claim scope and language vary depending on jurisdictional patent standards and strategic considerations during prosecution.
3. Can a generic manufacturer circumvent this patent?
Circumvention is possible if they design around the claims—e.g., altering formulation components or methods—though careful legal analysis is necessary.
4. How long will this patent remain enforceable?
Assuming standard 20-year term from filing and no extensions, it might expire around 2028–2030, depending on national regulations.
5. What strategic actions should patent holders consider?
Regular patent landscape analyses, vigilant monitoring for infringing activities, and considering international filings strengthen global protection.
References
[1] South Korean Patent Office Public Database. Patent KR101374931.
[2] WIPO Patent Scope. Patent family and publication data.
[3] Patent Landscape Reports for South Korea Pharmaceutical Sector.
[4] Strategic Patent Management in Pharmaceuticals. Journal of IP Law.
