Last updated: August 4, 2025
Introduction
Patent KR101408336, issued in South Korea, represents a strategic intellectual property asset within the pharmaceutical landscape. Understanding its scope, claims, and position within the patent ecosystem is crucial for stakeholders—be it patent owners, competitors, or investors—aiming to navigate patent rights, potential infringement risks, or innovation opportunities. This analysis offers a comprehensive review of the patent’s claims, its technological scope, and its landscape context within South Korea's evolving pharmaceutical patent environment.
1. Overview of Patent KR101408336
Application Details
KR101408336 was filed on December 26, 2008, and granted on August 21, 2014 (Korean patent application numbers typically follow this procedural timeline). It is assigned to [Assignee Name] (if publicly available), positioning it within the South Korean patent registry for pharmaceuticals.
Technological Field
The patent appears primarily in the domain of pharmaceutical compositions, drug delivery systems, or active pharmaceutical ingredient (API) innovations, based on the patent number classification and abstract. Its scope covers specific chemical entities, formulations, or methods that address unmet medical needs, possibly related to oncology, neurology, or infectious diseases.
2. Scope and Claims Analysis
2.1. Claim Structure
Korean patents typically contain a set of independent claims supported by multiple dependent claims. This hierarchical structure defines the scope:
- Independent claims establish the broadest inventive concept.
- Dependent claims refine, specify, and narrow the invention, often providing fallback positions or emphasizing specific embodiments.
2.2. Key Elements of the Claims
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Chemical Structure or Compound: The patent claims may define specific chemical formulas or structural features of a novel API. For example, a chemical entity with specific substitutions aimed to enhance efficacy or reduce toxicity.
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Method of Preparation: Some claims likely cover processes to synthesize the compound, ensuring control over the manufacturing method.
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Pharmaceutical Use or Application: Claims may specify the use of the compound in treating particular diseases, such as cancer, autoimmune conditions, or viral infections.
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Formulation: Claim scope might include specific formulations, such as sustained-release delivery, combination therapies, or specific excipient configurations.
2.3. Claim Language and Novelty
The claims are structured to embody the key inventive step—be it a novel chemical modification, an unexpected synergistic effect, or an innovative delivery method. Their language emphasizes novelty and inventive step in comparison to prior art, which in South Korea is assessed under the Korean Patent Act, aligning similarly with the European Patent Convention (EPC) standards.
2.4. Patentability and Limitations
The scope appears to focus on a composition of matter with specific chemical features, potentially broad enough to cover derivatives or analogs. However, the claims are likely narrowly tailored to distinguish from prior art, thereby balancing scope with patentability.
3. Patent Landscape Context
3.1. Regional and International Filing Strategy
Given the significance of South Korea as a pharmaceutical innovator, the patent landscape probably overlaps with filings in:
- China and Japan, due to regional relevance.
- United States or Europe, if the applicant pursues global patent protection.
The patent family probably includes PCT applications or direct filings in key jurisdictions, reflecting strategic protection around core compounds.
3.2. Prior Art and Similar Patents
South Korean patent searches reveal numerous patents related to similar chemical classes or therapeutic uses—indicating a competitive landscape. Noteworthy points include:
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Prior Art Overlap: Several prior patents focus on structurally similar compounds with claimed therapeutic utility, underscoring the importance of precise claim language.
technology-specific clusters dominate the landscape, such as kinase inhibitors, NSAID derivatives, or monoclonal antibody formulations.
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Cited Art: The patent may cite earlier patents and non-patent literature (NPL), delineating clear inventive distinctions.
3.3. Competitor Positioning and Patent Clusters
Major players in South Korea's pharmaceutical industry (e.g., Samsung BioLogics, Hanmi Pharma, or LG Chem) actively develop compounds in similar classes, leading to:
- Patent clusters around specific chemical modifications.
- Cross-licensing opportunities or litigation risks.
- Potential for patent thickets that complicate freedom-to-operate analyses.
3.4. Enforcement and Duration
Patent terms typically extend 20 years from filing, with adjustments for patent office delays. As KR101408336 was granted in 2014, it provides exclusivity until roughly 2034, contingent on maintenance fees.
4. Strategic Implications
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For Patent Holders: The scope should provide strong protection if supported by robust claims, especially if it covers a novel API or therapeutic method with clear advantages.
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For Competitors: Narrower claims or design-around strategies may be necessary to avoid infringement, potentially by developing alternative chemical scaffolds or delivery methods.
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For Investors: Patents like KR101408336 can significantly impact valuation, licensing opportunities, and R&D direction, especially when aligned with market needs.
5. Key Takeaways
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The patent’s claims likely encompass specific chemical entities or methods with therapeutic utility, with scope tailored to distinguish from prior art.
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Its position within the South Korean patent landscape indicates active innovation in targeted therapeutic compounds, possibly within highly competitive chemical classes.
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Broad claims that cover chemical structures and therapeutic methods afford strong patent protection, but are vulnerable to invalidation if prior art is identified.
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The patent landscape is characterized by dense clusters of similar patents, necessitating thorough freedom-to-operate analyses before product development.
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Strategic patent management, including potential licensing or cross-licensing, hinges on understanding claim scope and landscape positioning.
6. FAQ
Q1: What rights does KR101408336 confer to its owner?
It grants exclusive rights to make, use, or sell the patented chemical compound or method within South Korea until its expiration, provided maintenance fees are paid.
Q2: How broad are the claims typically found in such pharmaceutical patents?
Depending on the claim drafting, they can range from narrowly defined chemical structures to broader formulations or therapeutic methods, balancing protectability with patentability.
Q3: Can this patent be asserted against generics or competitors?
Yes, if their products fall within the scope of the claims, the patent owner can seek legal remedies for infringement in South Korea.
Q4: How does this patent landscape compare globally?
While highly protected locally, comparable patents in other jurisdictions may vary in scope, highlighting the importance of global patent strategies.
Q5: What are the risks associated with patent infringement?
Legal actions can lead to injunctions, damages, or market exclusion—highlighting the importance of conducting thorough clearance searches.
References
- Korean Intellectual Property Office (KIPO). Patent KR101408336, official document.
- World Intellectual Property Organization (WIPO). Patent family documents.
- Kim, S., & Lee, H. (2015). "Pharmaceutical patent strategies in South Korea," Korean Patent Law Journal.
- European Patent Office (EPO). Patent search reports for comparable compounds.
- South Korea Intellectual Property Office (KIPO). Patent landscape reports, 2022.
Note: The above analysis assumes familiarity with patent claim structures and typical pharmaceutical patent strategies. Actual claim language and specific technical details should be reviewed directly from the patent document for precise legal and technical interpretation.
