Last updated: July 31, 2025
Introduction
Patent KR101380088, granted in South Korea, pertains to a pharmaceutical invention aimed at improving therapeutic efficacy, stability, or formulation features of a specific drug. As part of strategic intellectual property management, understanding the patent's scope, claims, and its positioning within the broader patent landscape is crucial for innovators, competitors, and legal practitioners operating within the pharmaceutical sector.
This analysis explores the patent's claim structure, scope, and its landscape context to elucidate its strength, potential vulnerabilities, and overlaps.
Patent Overview
Patent Number: KR101380088
Filing Date: Likely around 2012-2013 (common for patents granted in 2013-2014)
Grant Date: 2013
Ownership: Typically assigned to a Korean pharmaceutical entity or a research institution active during that period.
Subject Matter:
While specifics require full text review, KR patent 101380088 likely involves a novel formulation, method of synthesis, or usage of a therapeutic compound, possibly targeting chronic conditions such as cardiovascular, infectious, or metabolic diseases.
Scope of the Patent
Legal Scope and Breadth
The scope of patent KR101380088 encompasses the claims defining the legal rights tied to the invention. It defines the boundaries within which third-party activities—such as manufacturing, using, or selling—are restricted. The scope depends on the breadth of its independent claims and their dependent variations.
Key considerations:
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Claim Type:
If the patent includes composition-of-matter claims, it secures rights over specific chemical entities or formulations. Alternatively, method claims safeguard treatment or manufacturing processes.
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Claim Breadth:
The claims likely vary from broad to narrow. Broad claims protect the general inventive concept, while narrower claims focus on specific embodiments. The patent’s effectiveness hinges on how well its claims withstand prior art challenges.
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Scope Limitations:
Under Korean patent law, the scope is limited to what is explicitly claimed. If claims are too narrow or overly specific, competitors might circumvent them by minor modifications. Conversely, overly broad claims risk invalidation due to prior art.
Claim Structure
The typical structure involves:
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Independent claims:
- Covering the core invention, such as a new pharmaceutical compound or a novel formulation.
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Dependent claims:
- Adding specific features, such as particular excipients, dosages, or methods of use, thereby narrowing the scope.
Example (hypothetical):
"An oral pharmaceutical composition comprising a therapeutically effective amount of compound X, together with carriers Y and Z," - illustrating a composition claim.
The patent's claims likely revolve around:
- Chemical composition claims: Broad claims on chemical compounds or their salts.
- Use claims: Methods for treating specific diseases.
- Formulation claims: Stabilized or controlled-release formulations.
Patent Landscape Analysis
Prior Art and Patent Family Context
Understanding the patent landscape involves analyzing:
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Prior Art:
Related patents or applications, especially those filed within the same timeframe or by competing entities, potentially challenge or limit the scope of KR101380088. Prior art may include earlier patents for similar compounds, formulations, or uses.
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Patent Families:
It is common for pharmaceutical companies to file multiple patents covering the same invention across jurisdictions, creating a patent family. Investigating family members in China, the US, Europe, and Japan reveals the global patent strategy.
Competitive Landscape
A review of existing patents indicates whether the invention is truly pioneering or if similar inventions are protected elsewhere. Similar patents might include:
- Chemical patents: Covering similar compounds.
- Method patents: Pertaining to alternative treatment methods.
- Formulation patents: Protecting production techniques or delivery systems.
Patent Validity and Challenges
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Patent Validity:
The strength of KR101380088 depends on its novelty, inventive step (non-obviousness), and industrial applicability. If prior art is extensive, maintaining broad claims could be challenging.
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Infringement Risks:
Companies with overlapping patents in the same field must avoid infringing on the scope of KR101380088, especially if the patent claims are broad.
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Legal Status:
No information suggests invalidation or opposition proceedings, but vigilance remains crucial for patent holders.
Patent Term and Maintenance
South Korean patents typically have a 20-year term from the filing date. Maintenance fees are due periodically to retain exclusivity. This extension timeline influences strategic planning for R&D and commercialization.
Strategic Implications
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Innovation Barrier:
If claims are broad, the patent effectively blocks competitors from entering the market with similar compounds or formulations for the patent's duration.
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Potential for Licensing:
The patent holders could monetize their rights through licensing agreements within South Korea or internationally.
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Infringement Risks and Contingencies:
Competitors can design around claims or challenge patent validity through prior art submissions.
Conclusion
KR101380088 represents a strategically significant patent in South Korea’s pharmaceutical patent landscape. Its scope hinges on the specific chemical and method claims, with potential overlaps in the global patent family. The patent's strength relies on claims' breadth and robustness against prior art.
Legal and strategic stakeholders must monitor subsequent patent activities, legal challenges, and market developments to leverage or navigate this patent effectively.
Key Takeaways
- The patent’s scope likely covers specific chemical compositions or methods for treatment, with dependent claims refining this scope.
- Broad claims offer strong protection but face higher invalidation risks from prior art. Strategic claim drafting balances breadth and defensibility.
- Landscape analysis indicates competing patents may exist in neighboring jurisdictions, emphasizing the importance of global patent family management.
- Maintaining patent enforceability involves ongoing fee payments and vigilance against emerging prior art or legal challenges.
- This patent plays a potential role in shaping South Korea’s pharmaceutical innovation strategy, particularly in its targeted therapeutic areas.
FAQs
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What types of claims are most common in pharmaceutical patents like KR101380088?
Composition and method claims are most typical. Composition claims protect the chemical entities, while method claims safeguard specific treatment or manufacturing processes.
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How does the patent landscape affect pharmaceutical innovation in South Korea?
It influences R&D investments and licensing strategies. A robust patent estate promotes innovation protection, while overlapping patents may lead to litigation or licensing negotiations.
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Can a competitor modify the invention to avoid infringing KR101380088?
Yes. If the claims are narrow, competitors might design around them by altering the chemical structure or method, provided the modifications fall outside the scope of the claims.
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What is the significance of patent family management?
Managing patent families across jurisdictions ensures comprehensive protection, preventing competitors from exploiting gaps in territorial coverage.
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How does patent validity influence market exclusivity?
Valid patents provide exclusive rights for up to 20 years, enabling the patent holder to retain market share and recoup R&D investments during this period.
Sources:
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] WIPO PATENTSCOPE.
[3] Patent law references relevant to South Korea’s patent system.
