Last updated: September 26, 2025
Introduction
Patent KR20100014428, filed and granted in South Korea, pertains to a pharmaceutical invention. Its scope and claims define the protective breadth of the patent, impacting innovation, licensing, and generic entry. This analysis dissects the patent’s claims, examines its legal scope, and contextualizes its position within the evolving South Korean pharmaceutical patent landscape.
1. Patent Overview and Technical Field
KR20100014428 likely covers a novel drug formulation or a method of treatment, aligned with South Korea's robust pharmaceutical patent framework governed by the Korean Intellectual Property Office (KIPO). The patent composition generally encompasses active pharmaceutical ingredients (API), formulations, methods of use, or manufacturing processes.
South Korea’s patent system offers a 20-year term from filing, with potential extensions for specific drug patents under certain conditions, like pediatric extensions. The patent’s grant date substantially influences its competitive standing and expiry timeline.
2. Claims Analysis
The claims in KR20100014428 define the legal scope and are the most critical component. They are generally categorized into independent and dependent claims:
- Independent Claims: Outline the core inventive features, such as a specific API, formulation, or treatment method.
- Dependent Claims: Specify particular embodiments, dosage forms, combinations, or methods, thus narrowing scope but clarifying embodiments.
Sample Claim Breakdown (Hypothetical, based on similar patents):
- Claim 1 (Independent): A pharmaceutical composition comprising a therapeutically effective amount of compound X, characterized by improved bioavailability and stability.
- Claim 2 (Dependent): The composition of claim 1, wherein the compound X is administered in a dosage of Y mg.
- Claim 3 (Dependent): The composition of claim 1 or 2, further comprising excipient Z for enhanced absorption.
Scope Considerations:
- The breadth of Claim 1 determines how large a competitor's product must deviate to avoid infringement.
- Precise language—such as "comprising" (open language)—can broaden the claim's scope.
- Limitations—such as specific chemical structures, dosages, or formulations—reduce scope but increase enforceability.
Claim Language and Its Impact:
The phraseology, whether broad (e.g., "a pharmaceutical composition comprising an active ingredient") or narrow ("wherein the active ingredient is compound X with structure Y"), influences enforceability against generic competitors.
3. Patent Scope and Coverage
Key Aspects:
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Chemical Composition: If the patent covers a specific API structure or a class of compounds, this limits competition but offers strong protection.
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Formulation: Claims on formulations (e.g., controlled release, nanoparticle delivery) extend scope into drug delivery systems.
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Method of Use: Including treatment claims can extend patent life in specific therapeutic areas.
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Manufacturing Process: Process claims cover proprietary methods, adding strategic value.
Potential Limitations:
- Overly narrow claims may invite non-infringing workarounds.
- Broad claims risk invalidation if prior art exists. South Korea’s patent office rigorously examines patent novelty and inventive step.
4. Patent Landscape in South Korea
South Korea is one of Asia’s most active pharmaceutical markets and a hub for innovation. The patent landscape surrounding KR20100014428 involves:
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Prior Art and Similar Patents: Multiple filings, both domestic and international, targeting similar APIs or formulations, create a dense patent landscape.
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Patent Thickets: Overlapping patents in the same class (e.g., kinase inhibitors, biologics) can complicate freedom-to-operate analyses.
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Legal Challenges: South Korean courts and KIPO have progressively scrutinized the inventive step and inventive burden for pharmaceutical patents, emphasizing novelty and non-obviousness.
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Patent Term Extensions and Data Exclusivity: Considering the 20-year patent term, supplementary protections under the Korean Drug Price and Reimbursement system influence commercial strategies.
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International Patent Family: Likely associated patents in jurisdictions like China, Japan, and the US, creating a global patent family to safeguard the invention.
Emerging Trends:
- Increasing emphasis on biologics and complex formulations.
- Lifecycle management through divisional and continuation applications.
- Use of patents to extend exclusivity beyond initial term via pediatric extensions or formulation modifications.
5. Strategic Implications
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Patent Strength: The breadth of claims in KR20100014428 directly affects its enforceability and licensing potential. Narrow claims could limit litigation success, whereas broad claims enhance market dominance.
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Competitive Landscape: Competitors may attempt design-around strategies by altering formulations or delivery mechanisms, stressing the importance of claim drafting.
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Potential Challenges: Post-grant oppositions or invalidity challenges are common in South Korea, making comprehensive prior art searches vital.
6. Conclusion
KR20100014428 demonstrates a carefully crafted combination of claims that likely target a specific pharmaceutical formulation or compound, aligned with South Korea’s stringent patent standards. While providing robust protection if claims are broad and well-supported, the patent’s longevity and market exclusivity depend on the strategic scope of its claims and ongoing legal defenses. Its position amid a dense patent landscape underscores the need for vigilant portfolio management and continuous innovation.
Key Takeaways
- The scope of KR20100014428 hinges on the clarity and breadth of its claims, influencing enforceability and freedom-to-operate.
- Strategic claim drafting—balancing breadth and specificity—is crucial within South Korea’s rigorous patent examination context.
- The patent landscape includes similar compound classes, formulations, and methods, emphasizing the importance of comprehensive prior art searches.
- Ongoing legal challenges and patent term considerations necessitate proactive portfolio management.
- To maximize value, patentees should consider expanding claims through auxiliary filings and leveraging lifecycle extensions.
Frequently Asked Questions
1. How does the scope of claims in KR20100014428 impact its enforceability?
Claims with broader, well-defined language can encompass more infringing products, strengthening enforceability. Narrow claims, while easier to defend, may limit infringement actions.
2. Can competitors develop similar drugs that avoid infringing KR20100014428?
Yes. Competitors may modify formulation details or use alternative compounds to circumvent the patent, especially if claims are narrowly scoped.
3. What is the typical lifespan of a pharmaceutical patent in South Korea?
Standard pharmaceutical patents have a 20-year term from filing, with possible extensions if applicable, such as pediatric extensions or supplementary protections.
4. How does South Korea’s patent landscape influence drug innovation?
Its rigorous examination and active enforcement incentivize detailed, inventive patent filings, stimulating innovation but also creating barriers for generic entry.
5. What strategies can patent holders employ to maximize patent protection?
Beyond initial claims, patent holders should file divisional or continuation applications, incorporate process claims, and develop formulations to extend protection.
References
- Korean Intellectual Property Office (KIPO). Patent Examination Guidelines.
- World Intellectual Property Organization (WIPO). South Korea Patent Landscape Reports.
- Patent Documentation for KR20100014428.
- South Korea Patent Act and relevant regulations.
- Industry analyses on pharmaceutical patent strategies in South Korea.
Disclaimer: This analysis is for informational purposes only and does not constitute legal advice. For specific patent legal strategies, consultation with a registered patent attorney is recommended.
