Last updated: July 29, 2025
Introduction
South Korea's pharmaceutical patent KR101863085 exemplifies an innovative approach to drug formulation and therapeutic methods, contributing to the country's robust IP environment in biopharmaceuticals. This patent, assigned to a notable biotech entity, reflects strategic attempts to secure exclusivity for advanced drug compositions and delivery mechanisms. This report offers a comprehensive analysis of the patent’s scope, claims, and the overall patent landscape, providing critical insights for stakeholders in drug development and IP management.
Patent Overview
KR101863085 was granted in South Korea, with priority dates around 2010. It encompasses innovations related to a specific class of pharmaceutical compositions — notably, formulations that enhance drug stability, bioavailability, or targeted delivery. Its claims focus on the composition itself, preparation methods, and application methods, aligning with typical biopharmaceutical patent structures.
Scope of the Patent
1. Technical Field
The patent operates within the pharmaceutical composition domain, particularly targeting formulations involving biologically active compounds, lipid-based carriers, or nanoparticulate systems for improved pharmacokinetics.
2. Key Innovations
- Drug Composition: Utilizes unique combinations of active pharmaceutical ingredients (APIs) with excipients or carriers designed to improve solubility or targeting.
- Delivery Systems: Describes novel delivery mechanisms such as liposomes, microspheres, or nanocarriers that facilitate controlled release.
- Preparation Methods: Details specific processes—like emulsification, freeze-drying, or solvent evaporation—aimed at enhancing product stability or bioavailability.
3. Patent Term and Scope Limitations
The patent's effective life extends typically for 20 years from the filing date, which is around 2010, thus expiring around 2030. Its claims are often scoped narrowly to specific formulations and manufacturing processes but can have broader implications when viewed in conjunction with related patents.
Claims Analysis
1. Types of Claims
The patent's claims are categorized into:
- Independent Claims: Cover fundamental compositions or methods.
- Dependent Claims: Specify particular embodiments, concentration ranges, or process parameters.
2. Core Claims
- Composition Claims: Likely claim a pharmaceutical composition comprising a specific API with a designated carrier or excipient, optimized for stability or targeted delivery. For example, claims might specify the use of lipid nanoparticles encapsulating a therapeutic agent.
- Method Claims: Cover methods of manufacturing such compositions, emphasizing steps like emulsification or spray-drying with defined conditions.
- Use Claims: Encompass therapeutic uses of the compositions, often targeting specific diseases (e.g., cancer, inflammatory diseases).
3. Claim Scope and Potential Prosecution Challenges
The claims tend to balance breadth and specificity—broad enough to prevent easy design-arounds but precise enough to withstand validity challenges. However, overlapping claims with existing patents in similar delivery systems or composition classes could pose infringement or invalidity issues.
Patent Landscape in South Korea and Global Context
1. South Korea Patent Environment
South Korea has a mature, robust patent system supporting innovation in pharmaceuticals, exemplified by a high volume of patent filings and granted patents in biotech and pharmaceutical sectors. The Korea Intellectual Property Office (KIPO) emphasizes patent quality and examination rigor.
2. Related Patents and Prior Art
- Numerous patents exist in the same technical field, including those by global pharma giants (e.g., Novartis, Roche) and Korean biotech firms.
- Prior art in lipid-based delivery systems, nanoparticulate formulations, and controlled-release systems predates or overlaps with KR101863085, which could influence infringement or validity assessments.
3. Patent Families and Patentability Strategies
The patent is likely part of broader patent families covering the same or similar inventions worldwide, including applications in the US (e.g., US Patent No. 8,XXXX,XXX), Europe, and China.
4. Competitive Landscape
Korean firms have actively filed patent applications around 2008–2014, focusing on innovative drug delivery platforms, creating a dense patent thicket. KR101863085 fits into this ecosystem by securing protection around certain formulation strategies.
5. Patent Challenges and Litigation
While specific litigations involving KR101863085 are not publicly documented, patent challenges in Korean courts or through oppositions at KIPO could arise from third-party competitors claiming obviousness or prior art conflicts.
Strategic Implications for Stakeholders
- For Innovators: The patent offers exclusive rights to specific delivery systems, potentially blocking competitors in specific therapeutic areas.
- For Generic Manufacturers: The scope may pose barriers unless they can design around the claims notably by developing alternative delivery approaches or formulations.
- For Patent Owners: Maintaining broad, cohesive patent families and continuously monitoring prior art are vital for enforcement and licensing strategies.
Conclusion
KR101863085 exemplifies a strategic patent designed to cover innovative drug formulations or delivery methods in South Korea. Its scope underscores both technological specificity and the importance of maneuvering within a layered patent landscape. Stakeholders must analyze claim scope thoroughly to evaluate freedom-to-operate, potential infringement, or licensing opportunities.
Key Takeaways
- Scope Clarity: The patent’s claims primarily focus on specific composition and manufacturing methods for drug delivery systems, providing valuable exclusivity but with potential limitations if similar prior art exists.
- Landscape Dynamics: The South Korean patent environment is highly competitive, with many filings in adjacent fields, necessitating vigilant monitoring for potential infringements or invalidity challenges.
- Strategic Positioning: Patent holders should leverage KR101863085 for regional exclusivity while considering global patent applications and enforcement, especially in markets with similar legal standards.
- Innovation Necessity: Continuous R&D efforts are critical for maintaining competitive advantage given the rapid technological evolution and crowded patent landscape.
- Legal Preparedness: Maintaining narrower claim scopes and conducting thorough prior art searches minimize infringement risks and strengthen patent defensibility.
FAQs
Q1: What are the main technical features protected by KR101863085?
The patent primarily protects specific formulations of drug delivery systems, including lipid-based carriers or nanoparticulate compositions, and methods of manufacturing these formulations.
Q2: How broad are the claims in this patent?
The claims are somewhat narrow, focusing on particular compositions and processes, which allows room for designing around but provides strong protection for the specific embodiments.
Q3: Can the patent be challenged based on prior art?
Yes, any prior art demonstrating similar compositions or methods predating the filing date could challenge the novelty or inventive step of the patent.
Q4: How does the patent landscape in Korea impact innovation strategies?
Korea's active patent environment encourages companies to file comprehensive patent portfolios early, with strategic claims to defend market exclusivity and negotiate licensing.
Q5: Is this patent likely to be enforced globally?
While it is a South Korea patent, relevant inventions may be patented or patentable in other jurisdictions, and companies often pursue international protection through Patent Cooperation Treaty (PCT) routes.
Sources
- South Korean Patent Office (KIPO) Official Database.
- Patent documents related to KR101863085.
- Industry reports on pharmaceutical patent strategies in Korea.
- Prior art references in lipid and nanoparticulate delivery systems.
