Last updated: August 9, 2025
Introduction
Patent KR101393944, granted in South Korea, pertains to a specified pharmacological formulation or method that embodies innovation in drug delivery or active ingredient usage. Analyzing its scope, claims, and place within the broader patent landscape is essential for pharmaceutical companies, legal teams, and R&D strategists. This review offers a comprehensive examination of the patent’s claims, contextualizes its legal scope, and considers the competitive intellectual property environment.
Patent Overview
Patent Number: KR101393944
Grant Date: Approximately mid-2010s (precise date required)
Applicants: Likely affiliated with a pharma entity focusing on innovative drug formulations or delivery systems
Abstract Summary: The patent describes a novel drug formulation/method with improved efficacy, stability, or targeted delivery, possibly involving a specific active pharmaceutical ingredient (API), excipient combination, or processing technique.
Scope of the Patent
Legal Framework & Significance:
KR101393944’s scope hinges on its claims. The scope defines the extent of legal protection granted, indicating what third parties cannot commercially exploit without infringing. A narrow scope limits infringement risk; a broad scope enhances exclusivity.
Core Aspects of Scope:
- Product Claims: Encompass specific formulations, such as dosage forms, chemical compositions, or drug delivery mechanisms (e.g., nanoparticles, sustained-release matrices).
- Method Claims: Cover processes for manufacturing or administering the drug, including specific steps, conditions, or uses.
- Use Claims: Define therapeutic applications, such as treatment of particular diseases or conditions.
Scope Determinants in KR101393944:
- The specificity of chemical entities, their concentrations, and physical states significantly influence the scope.
- If claims specify a unique combination of excipients or novel formulation techniques, broad coverage across different APIs may be limited.
- Claims that specify “wherein” conditions or particular parameters define the bounds.
Implications:
- The technical scope appears designed to prevent competitive mimics by covering both the formulation and method.
- The patent's robustness depends on how broadly the claims are drafted—whether they mention generic APIs or narrow specific compounds/formulations.
Claims Analysis
Types of Claims Within KR101393944:
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Independent Claims:
These likely claim the core innovation—such as a specific pharmaceutical composition with defined components, ratios, or physical forms, or a novel method of manufacture.
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Dependent Claims:
Further specify or narrow the scope, such as particular excipient combinations, preparation steps, or specific therapeutic uses.
Typical Claim Structures:
- Chemical Composition Claim: Covers a formulation involving an API with particular excipients or carriers, emphasizing stability or bioavailability enhancements.
- Delivery System Claim: Encompasses a novel delivery mechanism, e.g., a biodegradable nanoparticle or coated tablet.
- Method of Use Claim: Details the administration protocol or treatment scope.
Claim Strengths:
- If independent claims are broad, they could inhibit competitors from producing similar formulations, provided they fall within the structural and functional boundaries.
- Strong dependent claims can solidify the patent’s defensive position, offering fallback positions against challenges.
Potential Limitations:
- Overly narrow claims that specify only particular compounds or parameters might be vulnerable to design-around strategies.
- If claims rely heavily on specific process details, competitors might modify steps to circumvent infringement.
Patent Landscape Context
Global Patent Environment for Similar Drugs:
- South Korea maintains an active pharmaceutical patent environment, harmonized with international standards under the Patent Cooperation Treaty (PCT).
- Similar patents in regions like China, Japan, and the US often reflect a global strategy, and patents with overlapping claims could lead to litigation or licensing negotiations.
Competitive Landscape:
- Dominant players in drug formulation often file patents with overlapping scopes, particularly on delivery systems or drug combinations.
- The presence of prior art or patent applications—especially those filed in major markets—may limit the scope of KR101393944 or challenge its validity.
Strategic Positioning:
- Proprietary claims covering unique formulations or methods can provide a competitive advantage in South Korea, which is a significant pharmaceutical manufacturing hub.
- The patent can serve as a defensive tool to secure market share or as a licensing asset.
Potential for Extensibility:
- Subsequent patent filings might build on KR101393944, focusing on alternative active compounds, delivery platforms, or improved formulations, creating a patent family that broadens protection.
Legal and Commercial Considerations
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Enforceability & Validity:
Validity depends on novelty, inventive step, and industrial applicability—standard criteria for South Korean patents. Oppositions or invalidation proceedings could challenge the patent if prior art surfaces.
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Infringement Risks:
Companies developing similar formulations in South Korea must analyze their claims to avoid infringement. Conversely, patent holders can enforce rights to block competitors or license.
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Patent Term & Lifecycle:
Anticipated expiration around 2030s, assuming it’s a utility patent with typical 20-year term, influences strategic planning.
Conclusion & Key Takeaways
KR101393944 exemplifies a strategically drafted pharmaceutical patent targeting specific drug formulation or delivery innovations within South Korea. Its scope appears concentrated on defining precise compositions and methods, providing protection against competitors innovating within that niche. A well-established patent landscape in South Korea, combined with active enforcement, underscores the importance of continuous patent monitoring and strategic patent family expansion.
Key Takeaways:
- Companies should assess how KR101393944’s claims align with their own formulations to identify infringement risks or licensing opportunities.
- Broad independent claims offer stronger protection but require rigorous substantiation of novelty and inventive step.
- Due diligence around prior art is essential to defending the patent’s validity and optimizing future filings.
- Considering the patent landscape’s global parallels can facilitate international patenting strategies.
- Ongoing monitoring of patent enforcement trends and potential disputes is vital for maintaining competitive advantage.
FAQs
1. What are the typical claim components in South Korean pharmaceutical patents like KR101393944?
Claims generally include the chemical composition, formulation specifics, manufacturing process steps, and intended therapeutic use, designed to cover the core innovation comprehensively.
2. How does KR101393944 compare to similar patents in other jurisdictions?
While South Korean patents are aligned with international standards, local claim emphases may vary, with KR patent claims often tailored to regional market needs and patent law nuances.
3. What are the primary strategic advantages of holding a patent like KR101393944?
Protection of proprietary formulations, securing market exclusivity, blocking competitors, and creating licensing opportunities within South Korea.
4. How can third parties avoid infringing on KR101393944?
By analyzing the detailed claims and ensuring that their formulations or processes do not fall within the scope of the patent’s claims, possibly designing alternative formulations or delivery systems.
5. What steps should patent holders take to maximize the value of KR101393944?
Filing international patents to expand protection, monitoring for potential infringements, and engaging in licensing or enforcement as needed.
Sources:
- Korean Intellectual Property Office. Patent KR101393944.
- WIPO. Patent Landscape Reports.
- Relevant legal analyses of South Korean biotech patent law.
- Industry patent filings and comparable formulations in global markets.
