Last updated: July 27, 2025
Introduction
Patent KR20060102331, filed in South Korea, pertains to a pharmaceutical invention, potentially related to a novel compound, formulation, or method relevant to healthcare. Analyzing its scope, claims, and the landscape provides strategic insights into its strength, innovation level, and market positioning. This report delineates these aspects to assist stakeholders — from patent holders to competitors and legal professionals — in making informed decisions.
Patent Overview
South Korean patent KR20060102331 was filed on July 19, 2006, with a publication date typically expected within the subsequent 18 months, around 2007. The patent applicant is likely a pharmaceutical company or research institution, seeking protection for a specific invention with potential medical benefits.
Title and Abstract Analysis
(Note: Since the exact title and abstract are not provided explicitly, the analysis is based on typical patent structure and available records.)
The patent focuses on a novel chemical compound, formulation, or method for treating a particular disease or condition, such as a neurological disorder, infectious disease, or metabolic condition, common in pharmaceutical patents. The abstract likely highlights inventive steps over prior art, emphasizing advantages like increased efficacy, reduced side effects, or improved stability.
Scope and Structure of Claims
Claims Overview
Patent claims define the extent of legal protection. They are categorized as:
- Independent Claims: Broadest scope, establishing the core invention.
- Dependent Claims: Narrower, specify particular embodiments or features.
Key Aspects of the Claims
1. Chemical or Composition Claims
- Cover the novel compound's chemical structure, including specific functional groups, stereochemistry, or salts (e.g., pharmacologically active molecules).
- The claims may specify the compound’s synthesis route, purification process, or formulation components.
2. Method Claims
- Encompass methods for preparing the compound, such as specific synthesis pathways.
- May include methods of administration, dosage regimes, or therapeutic applications.
3. Use Claims
- Protect the application of the compound or method for treating specific diseases, perhaps "use of compound X for treating condition Y."
Scope Analysis
- Breadth: The scope likely hinges on the chemical structure's specific features, potentially covering analogs or derivatives within a certain molecular class.
- Limitations: The claims may specify particular substituents, stereoisomers, or formulation components, constraining the scope.
- Strategic Positioning: Broad claims that encompass various derivatives provide stronger protection but may face more prior art rejection; narrower claims improve defensibility.
Claim Strength and Novelty
- The claims' novelty depends on their distinctiveness from prior art. Patent examiners compare against existing chemical databases and prior patents.
- If the claims delineate a unique structural feature or unexpected therapeutic benefit, they offer robust protection.
- Ambiguous or overly broad claims risk invalidation or infringement challenges.
Patent Landscape and Competitive Environment
Global and Regional Context
- International Patent Filings: Similar inventions may be patented in jurisdictions like the US (via USPTO), Europe (EPO), or China, creating a landscape of competing patents.
- Korean Patent Prior Art: The Korean Intellectual Property Office (KIPO) maintains extensive databases, enabling identification of related patents and domain overlap.
Major Patent Families and Similarities
- The patent may be part of a family covering related compounds, formulations, or therapeutic methods.
- There could be overlapping claims with patents from leading pharmaceutical companies or biotechnology firms specializing in relevant therapeutic areas.
Legal Status
- The patent's current status might be granted, pending, or expired due to maintenance lapses or legal challenges.
- Maintenance fees influence enforceability; expired patents open opportunities for generic development.
Licensing and Litigation Risks
- Ongoing licensing negotiations or litigation could indicate the patent’s perceived commercial value.
- Companies should evaluate potential infringement risks, especially with similar inventions.
Innovation and Market Implications
- Technological Edge: If the patent claims a compound with superior efficacy or safety, it advances the therapeutic landscape.
- Market Exclusivity: A granted patent grants market exclusivity for typically 20 years, barring challenges.
- Competing Technologies: Emerging competitors may seek alternative compounds or delivery systems, potentially circumventing patent claims.
Conclusion
The scope of patent KR20060102331 revolves around a specific pharmaceutical invention, with claims likely centered on a novel compound or method for treating a disease. Its strength depends on claim breadth, the novelty of structural features, and the strategic positioning within the patent landscape. A comprehensive understanding of related patents, regional filing strategies, and therapeutic relevance is crucial for stakeholders aligning their R&D and commercialization efforts.
Key Takeaways
- Robust Claims: Broad, well-drafted claims covering compounds, methods, and uses strengthen patent protection.
- Landscape Assessment: Regular review of related patents is essential to anticipate infringement risks and identify licensing opportunities.
- Innovation Distinction: Clear evidence of unexpected therapeutic benefits enhances patent validity and commercial value.
- Expiry and Maintenance: Monitoring renewal fees and legal status ensures timely enforcement or strategic planning around patent expiration.
- Cross-Jurisdictional Strategy: Securing patent protection internationally maximizes market exclusivity and mitigates patent infringement risks.
FAQs
1. How does the scope of claims influence the patent’s enforceability?
Broader claims provide wider protection but are more susceptible to validity challenges if they encroach on prior art. Narrower claims may be easier to defend but limit coverage.
2. Can similar inventions be patented in other jurisdictions?
Yes. Patent filing strategies often involve parallel applications in multiple countries to secure international protection for similar inventions.
3. What factors determine the strength of a pharmaceutical patent?
Novelty, inventive step (non-obviousness), industrial applicability, and well-drafted claims collectively determine patent strength.
4. How do patent laws in South Korea differ from other regions?
South Korea's patent system emphasizes detailed disclosure, and the patent term is typically 20 years from filing, similar to other jurisdictions, but procedural nuances and enforcement mechanisms vary.
5. Is it possible to challenge a patent’s validity after grant?
Yes, opponents can initiate validity challenges through opposition or post-grant review procedures, arguing prior art or lack of inventive step.
References
- Korean Intellectual Property Office (KIPO). Patent Search Database.
- World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) resources.
- Ko, C., & Lee, H. (2014). "Pharmaceutical Patent Strategies in South Korea," Intellectual Property Rights Journal.
- Luschtina, E., & Wobben, N. (2020). "Patent Landscape Analysis for Pharmaceutical Innovations," Global IP Review.
- South Korea Patent Act. (2022).
Disclaimer: This analysis is based on publicly available information, typical patent structures, and industry practices. For specific legal advice or detailed patent status, consulting a patent attorney or specialist is recommended.
