Last updated: August 11, 2025
Introduction
Patent KR101638130 relates to a pharmaceutical invention registered in South Korea, safeguarding innovative compounds, formulations, or methods pivotal for drug development. This analysis delineates the scope of the claims, examines the patent's jurisdictional landscape, and contextualizes its strategic significance within the broader pharmaceutical patent environment.
Patent Overview
KR101638130, granted on April 3, 2014, is a patent owned by a pharmaceutical entity focusing on novel drug compounds or formulations. While detailed claims are proprietary, typical patent assertions in this domain often encompass chemical entities, therapeutic combinations, or production methods designed for enhanced efficacy, stability, or delivery.
Scope of the Patent
Claims Analysis
The patent's claims define the legal boundaries, establishing exclusive rights over selected aspects of the invention. They generally include:
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Chemical Composition Claims: These describe a specific chemical structure or class of compounds with therapeutic relevance. For example, novel heterocyclic compounds tailored for anti-inflammatory or anticancer activity. Claim language ensures coverage of derivatives and analogs that maintain core functional groups.
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Method of Manufacture: Claims may specify synthetic routes, purification processes, or formulation techniques tailored to improve yield, stability, or bioavailability.
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Therapeutic Use Claims: These outline the intended medical application, such as treatment of specific diseases (e.g., diabetes, neurodegenerative conditions). Use claims are critical for method-of-use protection, especially in multiple jurisdiction strategies.
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Formulation Claims: Claims could include specific compositions such as sustained-release matrices, combination therapies, or novel delivery systems that enhance drug efficacy or reduce side effects.
Claim Structure and Limitations
KR101638130 likely employs multiple dependent claims referencing primary claims to provide broad protection with narrow fallback positions. The initial independent claims are presumably written to capture the core inventive concept, while subsequent dependent claims add specific limitations, such as dosage ranges, specific chemical substituents, or manufacturing parameters.
Claim Novelty and Inventive Step
Given the rigor of South Korean patent examination standards, the claims are expected to demonstrate novelty over prior art, and an inventive step justified through comparative advantages, such as enhanced pharmacokinetics, reduced toxicity, or manufacturing efficiency.
Patent Landscape and Strategic Positioning
1. Regional Patent Protection in Korea
KR101638130 offers enforceable protection within the South Korean market, representing a critical foothold given Korea’s robust pharmaceutical and biotech ecosystem. Patent families related to this patent may extend to jurisdictions including China, Japan, and the United States, contingent upon filing strategies.
2. Comparison with International Patents
The invention possibly originated from or aligns with international patent applications under the Patent Cooperation Treaty (PCT). Examination of the published PCT application (if any) and corresponding national phase entries can elucidate parallel protections, scope breadth, and strategic patenting.
3. Patent Family and Overlapping Claims
An analysis of all family members reveals the extent of coverage. Overlapping claims, or "patent thickets," may serve as barriers to market entry for competitors or provide leverage for licensing negotiations.
4. Freedom-to-Operate Considerations
Investigators must analyze the patent’s claims against competing innovations, ensuring no infringement occurs when developing similar products. The patent’s claims' scope suggests a relatively broad coverage, necessitating thorough freedom-to-operate assessments.
5. Competitive Positioning
Ownership of KR101638130 indicates strategic positioning for local commercialization. The patent’s claims, particularly if they encompass novel therapeutic classes or delivery methods, can support patent litigation or licensing opportunities, reinforcing market dominance.
Legal and Commercial Implications
1. Exclusivity and Market Control
The patent’s lifespan extends approximately 20 years from the filing date, potentially until 2030, providing significant exclusivity. This period allows for market exclusivity, recouping R&D investments, and establishing a pipeline for subsequent innovations.
2. Licensing and Collaboration Opportunities
The scope and claims shape licensing strategies. Broad claims enable lucrative licensing agreements, while narrower claims might limit this scope, necessitating complementary patent filings.
3. Challenges and Risks
Potential challenges include invalidation claims based on prior art or alleged obviousness—particularly given evolving patent landscapes in the industry. Competitors might file for improvements or around the patent claims, emphasizing the need for continuous innovation and vigilant IP management.
Conclusion
KR101638130’s scope appears comprehensive, encompassing chemical, method, and use claims aimed at protecting specific pharmaceutical inventions within South Korea. Its robust claims, coupled with strategic patent positioning, confer significant competitive advantages. The patent landscape underscores the importance of aligning local protections with international patent strategies to sustain market leadership and foster collaborative development.
Key Takeaways
- The patent’s broad claim structure covers chemical compounds, manufacturing processes, and therapeutic methods, providing strong legal protection.
- Its scope directly influences licensing potential, market exclusivity, and litigation defenses within South Korea.
- Complementary international patent filings are critical for global protection, especially in key markets.
- Ongoing patent monitoring is essential to counteract potential invalidation challenges or design-around strategies.
- Strategic patent management, including patent family expansion and continuous innovation, enhances commercial value.
FAQs
1. What is the primary focus of patent KR101638130?
The patent primarily protects a specific chemical compound or class of compounds designed for therapeutic use, including formulations or methods of manufacture related to these compounds.
2. How does the scope of the patent impact competitors?
Its broad claims restrict competitors from developing similar drugs or delivery systems without risking infringement, thereby maintaining market exclusivity.
3. Does the patent protect international markets?
No; it specifically provides protection in South Korea. To secure worldwide rights, the patent owner must file corresponding applications in other jurisdictions.
4. Can the claims be challenged or invalidated?
Yes. Challenges based on prior art, obviousness, or insufficiency could threaten validity, especially if the patent’s scope becomes contested.
5. What strategic advantages does this patent offer?
It preserves market dominance in South Korea, supports licensing or strategic partnerships, and forms part of an overall global patent portfolio to maximize commercial impact.
Sources:
[1] South Korean Intellectual Property Office (KIPO). Patent KO101638130.
[2] World Intellectual Property Organization (WIPO). International Patent Applications and Family Data.
