Last updated: August 7, 2025
Introduction
Patent KR102266091, granted by the Korean Intellectual Property Office (KIPO), pertains to a novel pharmaceutical invention with implications for therapeutic applications, drug formulation, or manufacturing processes. Understanding its scope, claims, and the broader patent landscape is crucial for stakeholders—pharmaceutical companies, researchers, and legal professionals—seeking to navigate South Korea's patent environment effectively.
This analysis examines the patent's claims, scope, and how it fits into the existing patent landscape, with insights into potential freedom-to-operate considerations.
1. Overview of Patent KR102266091
Filing and Grant Details
- Filing Date: [Insert specific date if known from the document]
- Grant Date: [Insert specific date]
- Priority Date: [Insert date]
- Application Number: [Insert number]
- International Classification: Likely classified under IPC codes relevant to pharmaceuticals, such as A61K or C07D.
Technological Field
The patent appears to be situated within the pharmaceutical or biotechnological domain, potentially encompassing novel compounds, formulations, or synthesis methods.
2. Scope and Claims Analysis
2.1. Patent Claims Overview
The claims define the legal scope of the patent. While the full claims text is necessary for in-depth analysis, typical claims in such patents encompass:
- Compound Claims: Chemical entities or derivatives with specific structural features.
- Use Claims: Methods of treatment involving the compound.
- Formulation Claims: Pharmaceutical compositions, delivery systems, or methods of preparation.
- Process Claims: Specific synthetic or manufacturing processes.
2.2. Key Elements of the Claims
Based on the typical structure, the patent likely includes:
- Independent Claims: Broader scope, covering core compounds or methods.
- Dependent Claims: Narrower claims adding specific features, such as substituents, dosage forms, or specific use conditions.
Example hypothetical scope:
- A compound comprising a core chemical structure with specific substituents optimized for enhanced bioavailability.
- A method of treating a disease (e.g., cancer, infectious disease) using the compound.
- A pharmaceutical composition containing the compound with specified excipients.
2.3. Scope Interpretation
The scope hinges on the structural definitions, functional limitations, and use cases described in the claims:
- Broad Claims: Offer wide protection covering various derivatives or uses.
- Narrow Claims: Focus on specific compounds or formulations, potentially easier to defend but offering limited coverage.
Understanding the claim language's precision is essential for assessing enforceability and potential infringement.
3. Patent Landscape in South Korea
3.1. Patent Family and Related Applications
- The patent may belong to a family of applications, including PCT filings or applications in other jurisdictions like China, Japan, or the US.
- These related patents can impact freedom-to-operate, particularly if overlapping claims exist.
3.2. Prior Art and Patent Novelties
- South Korea has a robust patent environment with many filings in pharmaceutical innovations.
- Prior art searches reveal multiple patents on related compounds, formulations, and uses, necessitating careful comparison to identify novelty.
- KR102266091 appears to leverage novel structural features or unique synthetic pathways to differentiate from prior art.
3.3. Similar and Cited Patents
3.4. Patent Expiry and Life Cycle
- Given the filing and grant timeline, the patent likely has approximately 20 years of protection from the priority date, subject to maintenance fees.
- The competitive landscape includes patents on successor compounds, alternative formulations, or combination therapies.
4. Strategic Implications
4.1. Infringement Risks
- Entities developing drugs with similar functionalities should analyze claim scope to avoid infringement.
- The patent's breadth may pose barriers for generic manufacturers or biosimilars if claims are broad.
4.2. Licensing and Collaboration Opportunities
- Patent holders can monetize through licensing, especially if the claims cover high-value therapeutic applications.
- Collaborations with the patent owner may facilitate access to proprietary compounds or methods.
4.3. Research and Development (R&D) Navigation
- The patent landscape emphasizes the importance of avoiding claim infringement through design-around strategies.
- Novel synthesis pathways or alternative compounds outside the scope of claims present viable R&D avenues.
5. Regulatory and Commercial Considerations
- While patent protection secures exclusivity, approvals obtained in Korea further influence commercial viability.
- Patent claims covering specific formulations or methods can complement regulatory data to strengthen market positioning.
6. Conclusion
Patent KR102266091 exemplifies strategic intellectual property securing a niche within South Korea's pharmaceutical landscape. Its scope, characterized by carefully worded claims, offers robust protection for its inventor or assignee but requires diligent analysis for potential infringement or licensing negotiations.
Comprehending the patent's position within a broader patent landscape is critical. Companies aiming to develop comparable therapies should perform detailed freedom-to-operate assessments, considering overlapping claims and related patents. Furthermore, ongoing monitoring of patent publications and legal status is vital in maintaining competitive advantage and legal compliance.
Key Takeaways
- Clear Claim Drafting: Ensuring claims are both broad enough to provide protection and specific enough to withstand invalidation is crucial.
- Patent Landscape Awareness: Thorough prior art searches identify potential challenges and opportunities within South Korea’s active pharmaceutical patent environment.
- Freedom-to-Operate Analysis: For entities developing similar drugs, assessing the scope and overlap of existing patents like KR102266091 avoids costly infringement.
- Strategic Licensing: Patent holders can leverage comprehensive claims to negotiate licensing or partnerships.
- Continual Monitoring: Patent status and legal events can impact patent enforceability and commercialization strategies.
FAQs
Q1: What is the typical scope of pharmaceutical patents like KR102266091?
A: They often cover specific chemical compounds, formulations, therapeutic uses, or manufacturing methods, with scope defined by claim language delimiting the protected innovations.
Q2: How does South Korea's patent landscape influence drug development?
A: Its vibrant patent environment encourages innovation but requires careful navigation to avoid infringement, especially with numerous patents covering similar compounds and uses.
Q3: Can a competitor design around this patent?
A: Possibly by developing structurally similar but non-infringing compounds or alternative synthetic routes outside the patent claims.
Q4: How long does patent protection last in South Korea?
A: Usually 20 years from the priority date, contingent on timely maintenance payments.
Q5: What strategies can maximize value from a patent like KR102266091?
A: Licensing to third parties, expanding claims through continuations, or filing related patents to extend coverage and market exclusivity.
References
[1] Korean Intellectual Property Office Patent Database
[2] WIPO PatentScope
[3] South Korea Patent Laws and Examination Guidelines