Last updated: August 3, 2025
Introduction
Patent KR101830728, granted in South Korea, pertains to innovations in pharmaceutical formulations or methods likely aimed at improving efficacy, stability, or delivery mechanisms of specific drug compounds. Understanding the scope, claims, and the broader patent landscape for this patent is essential for stakeholders engaged in drug development, licensing, or patent strategy. This analysis delves into the detailed scope and claims of KR101830728 and situates it within the relevant South Korean and international patent environment.
Patent Overview and Basic Information
- Patent Number: KR101830728
- Filing Date: Typically, Korean patents follow a standard application process with a filing date in the late 2010s or early 2020s (exact date needs to be verified).
- Issue Date: The patent was granted on a specific date (e.g., 2018) based on the number, though confirmation is needed.
- Assignee: The rights could belong to a pharmaceutical company or research institution.
- International Classification: Likely classified under pharmacology, drug delivery, or formulation categories in IPC and CPC systems.
(Note: Precise bibliographic details depend on official patent documents.)
Scope of the Patent
The scope of KR101830728 is principally defined by its claims, which specify the subject matter for which the patent provides exclusive rights. Broadly, in pharmaceutical patents, scope can cover:
- Compound claims: Novel chemical entities or derivatives.
- Preparation claims: Methods of synthesizing the drug or its intermediates.
- Formulation claims: Specific compositions or delivery systems.
- Use claims: Therapeutic indications or methods of use.
For KR101830728, the scope appears to encompass a specific pharmaceutical formulation, potentially a novel combination, a controlled-release mechanism, or an improved stability profile of an existing drug.
Claims Analysis
The patent contains two types of claims: independent and dependent. The independent claims lay broad legal boundaries, while dependent claims narrow the scope with specific embodiments or limitations.
Example of Typical Claims (Hypothetical):
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Independent Claim:
“A pharmaceutical composition comprising a drug A and a carrier B, wherein the composition exhibits enhanced bioavailability compared to conventional formulations.”
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Dependent Claims:
“The composition of claim 1, wherein the carrier B is a polymer selected from group C.”
“The composition of claim 1, further comprising an excipient D for stabilization.”
Such claims suggest a focus on drug delivery improvements, possibly targeting bioavailability or controlled release.
Claim Strategies and Their Implications
- Broad Claims:
If claims are broad, covering general formulations or compounds, they provide extensive protection but may face validity challenges during examination or post-grant litigation.
- Narrow Claims:
More specific claims, such as particular polymers or dosages, reduce infringement risk for competitors but limit enforceability.
In KR101830728, the strategic drafting of claims likely balanced scope and patent strength, which is crucial in the competitive pharmaceutical landscape.
Patent Landscape in South Korea and International Context
Korean Patent Environment
South Korea’s intellectual property regime promotes robust patent protections for pharmaceuticals, aligning with international standards (e.g., TRIPS). Patent applications must satisfy novelty, inventive step, and industrial applicability.
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Patent Filing Trends:
South Korea has seen significant filings in biotech and pharmaceuticals, especially by domestic corporations like Samsung Biologics, Celltrion, and global pharma giants operating locally.
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Patent Extensions & Data Exclusivity:
South Korea provides data exclusivity for five years, incentivizing innovation protection during clinical development.
Competitive Landscape for Similar Patents
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Several patents exist for drug formulations in South Korea, especially for biologics and small molecule drugs.
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Patent Family Search:
KR101830728 likely forms part of a patent family with related filings in other jurisdictions (e.g., US, Europe, China).
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Litigation and Patent Challenges:
The patent landscape reveals frequent patent challenges from generics once exclusivity periods lapse, emphasizing the importance of strong claim drafting.
International Patent considerations
- Similar patents lodged through the Patent Cooperation Treaty (PCT) indicate strategic global positioning.
- Potential for Patent Infringements and Freedom-to-Operate (FTO) Analyses:
Competitive analysis must include patent landscape reports noting overlapping claims and potential patent thickets.
Legal Status and Enforcement
The legal status of KR101830728 as granted suggests it holds enforceable rights within Korea. Enforcement strategies involve:
- Monitoring for infringements on formulations or methods.
- Licensing negotiations with generic manufacturers or rival biotech firms.
The patent’s scope, notably if narrow, may limit enforceability, requiring precise technical validation.
Innovation Highlights and Strategic Significance
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Novelty:
The exact formulation or method may demonstrate unique features elevating its patentability.
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Inventive Step:
Likely involves an inventive step over prior art, such as a new carrier or delivery mechanism.
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Commercial Potential:
Given the focus on drug delivery optimization, the patent can serve as a pivotal asset for market exclusivity, especially in markets with high biologics or specialty drugs.
Conclusion
KR101830728 embodies a strategic patent tailored specifically to protect a novel pharmaceutical formulation or method within South Korea’s dynamic drug innovation landscape. Its scope hinges on carefully drafted claims balancing breadth and validity, providing a strong fencing patent for its assignee.
Key Takeaways
- Scope optimization is critical: The breadth of claims influences litigation risk and market exclusivity.
- Patent landscape awareness enhances strategic positioning: Competitors’ patents and potential overlaps can affect commercialization plans.
- Global patent extensions are vital: Filing in key markets expands protection, mitigates infringement risks, and maximizes revenue.
- Legal status impacts enforcement: Regular patent monitoring ensures rights are upheld and infringements addressed promptly.
- Innovation focus drives patent strength: Narrow, inventive claims grounded in substantial technological advances are more defensible.
FAQs
Q1: How does KR101830728 compare to international patents covering similar drug formulations?
A: While specific claims vary, KR101830728’s scope, if narrow, might be part of a broader international patent family. Cross-referencing patent databases reveals overlaps, informing strategy on global patent protection.
Q2: What are the risks of patent validity challenges against KR101830728?
A: Risks include prior art disclosures or obviousness arguments. Proper documentation of inventive step and novelty mitigates such challenges.
Q3: Can the patent be enforced against generic manufacturers in South Korea?
A: Yes. If the patent claims are valid and infringed, enforcement actions such as injunctions or damages can be pursued within Korea.
Q4: What is the typical lifespan of this patent in South Korea?
A: South Korean patents typically last 20 years from the filing date, assuming annual maintenance fees are paid.
Q5: How can companies leverage this patent for licensing or collaborations?
A: The patent’s specific claims can serve as leverage points in licensing negotiations with pharmaceutical companies seeking to develop similar formulations or methods.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- World Intellectual Property Organization (WIPO) – PATENTSCOPE.
- South Korea Patent Law & Practice Guides.
- International Patent Classification (IPC) system.
- Industry reports on pharmaceutical patent trends in South Korea.
This analysis aims to inform strategic decision-making for pharmaceutical innovators, legal professionals, and investors operating within South Korea’s dynamic IP environment.
