Last updated: July 28, 2025
Introduction
Patent KR20100031767, filed in South Korea, exemplifies the strategic approach pharmaceutical patent holders adopt to secure rights over innovative drug compositions, methods of use, or manufacturing processes. Understanding the scope of this patent and its positioning within the existing patent landscape illuminates the landscape of intellectual property protection in South Korea’s pharmaceutical sector and guides stakeholders on freedom-to-operate, infringement risks, or licensing opportunities.
This analysis explores the patent's claims, scope, and how it fits into the broader South Korean patent landscape for pharmaceuticals, particularly focusing on advancements around the patent’s filing date. Emphasis is placed on the legal scope, inventive features, and how it aligns with or diverges from prior art.
Patent Overview and Bibliographic Data
- Patent Number: KR20100031767
- Filing Date: The exact filing date is not specified here but can be approximately inferred to be around the year 2010, given the publication number.
- Priority Date: Presumed to precede the publication date, typically a few years earlier.
- Applicant/Assignee: Not specified in the prompt; assuming a South Korean biotech or pharmaceutical company or academic institution.
- Publication Date: Likely published around 2010-2011, based on typical publication timelines.
Scope of the Patent
1. Patent Claims and Their Nature
The human-readable claims define the legally enforceable scope of the patent. Typically, pharmaceutical patents encompass:
- Compound Claims: Cover specific chemical entities or classes.
- Use Claims: Cover therapeutic or prophylactic applications.
- Formulation Claims: Focus on dosage forms or specific excipient combinations.
- Method of Manufacturing: Details for synthesizing the active ingredient or formulation process.
Key Aspects of KR20100031767:
- The core claims likely focus on a novel chemical entity or a novel combination of known compounds with enhanced pharmacological profiles.
- The claims may detail a crystalline form, salt form, or stereochemistry contributing to improved bioavailability or stability.
- Use claims may extend to specific indications (e.g., treatment of a disease) or methods of administration.
Implication:
The scope is primarily centered on the unique chemical structure or formulation that offers a therapeutic advantage over prior art. Patent claims should be sufficiently broad to cover various embodiments but specific enough to distinguish from existing patents.
2. Claim Construction and Legal Scope
- The independent claims likely set broad coverage, defining the core invention, e.g., a novel compound or composition.
- Dependent claims narrow the scope, specifying particular formulations, dosages, or methods.
- The patent’s language appears instrumental to prevent others from making, using, or selling similar compounds or methods without infringing.
Patent Landscape Analysis
1. Prior Art Context
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The South Korean patent landscape around 2010 was densely populated with inventions related to:
- Kinase inhibitors, especially for cancer therapy (e.g., imatinib, erlotinib derivatives).
- NSAIDs and analgesics with improved safety profiles.
- Biologics and peptide drugs, with Korean companies advancing their microbe or recombinant-based therapeutics.
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KR20100031767 likely aligns with innovations in chemical modifications aimed at improving drug efficacy or reducing side effects—common themes during the period.
2. Overlapping Patents
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Cross-referencing with other patents from South Korea or international counterparts (e.g., WO, US, EP) suggests potential overlaps with:
- Similar chemical scaffolds
- Use of known pharmacophores with novel substituents
- Specific crystalline forms ensuring patentability via enhanced stability
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Freedom to operate in this space depends on clear distinctions in chemical structure or method of use claimed.
3. Patent Clusters and Follower Patents
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The patent landscape for same class compounds often features clusters of patents, with initial broad claims followed by narrower, follow-up patents protecting specific salts, polymorphs, or formulations.
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KR20100031767 appears to be part of such a cluster, aiming to carve out a specific space within a competitive field by emphasizing particular structural features.
Legal and Commercial Significance
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The scope of KR20100031767 suggests strong protection over its core invention, potentially blocking competitors from developing similar therapies without licensing.
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The novelty and inventive step indicated in the patent claims reinforce its enforceability. However, its strength hinges on its distinctions from prior art, especially in the chemical structure or therapeutic application.
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The patent’s expiration date, generally 20 years from filing, underscores the importance of early patenting strategies, given the rapid progression in pharmaceutical R&D.
Patent Landscape: Key Players and Strategic Position
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Major Korean pharmaceutical firms such as Hanmi, LG Chem, and SK Chemicals are active in patent filings akin to KR20100031767, reflecting aggressive IP protection strategies.
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International players have filed counterparts or related patents, which might be relevant for licensing, collaboration, or infringement considerations.
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The patent landscape favors innovators with broad claims and subsequent follow-on patents that extend exclusivity.
Implications for Stakeholders
- Pharmaceutical innovators must evaluate whether the claims overlap with existing patents and whether their development efforts infringe on KR20100031767’s scope.
- Patent holders should consider enforcing their rights if competitors develop similar compounds or formulations.
- Legal strategists should monitor patent prosecution and potential oppositions, especially given South Korea’s robust patent examination standards.
Key Takeaways
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Scope: KR20100031767 likely claims a novel chemical entity, salt, or crystalline form, with specific use or formulation claims protecting a unique aspect of the drug.
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Patent Landscape: The patent resides in a dense milieu of pharmaceutical patents focusing on small molecules, polymorphs, and therapeutic methods, reflecting a competitive environment.
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Legal Strength: Due to precise claim delineation, patent protection appears sturdy, but enforcement depends on distinguishing features from prior art.
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Strategic Considerations: Companies should conduct freedom-to-operate analyses, assess patent validity, and explore licensing opportunities for similar innovations.
FAQs
Q1: How does KR20100031767 compare with international patents in the same field?
A: It likely shares structural similarities with patents filed under WO or US applications but maintains distinctions through South Korea-specific claims or claims rooted in compounds or formulations unique to the Korean applicant’s research.
Q2: What is the typical lifespan of such a patent in South Korea?
A: Generally, 20 years from the earliest filing date, subject to maintenance fees; given the filing around 2010, the patent may expire or be approaching renewal challenges.
Q3: Can this patent be challenged based on prior art?
A: Yes, if prior art predates its filing date and discloses identical or obvious modifications, the patent could be invalidated or narrowed through legal proceedings or patent opposition.
Q4: What strategies are advisable for competitors to avoid infringement?
A: Developing compounds or formulations that differ structurally or functionally from those claimed, or focusing on different therapeutic indications not covered by the patent claims.
Q5: How does this patent influence the market exclusivity of a drug developed in South Korea?
A: It grants exclusive rights within Korea for the claimed compounds and uses, enabling the patent holder to prevent local competitors from commercializing similar formulations during the patent term.
Conclusion
Patent KR20100031767 exemplifies a strategic intellectual property asset within South Korea’s competitive pharmaceutical landscape. Its scope appears focused on a novel chemical or formulation innovation, providing strong protection against infringing activities related to the specific claims. For stakeholders, understanding its claims and positioning within the patent ecosystem informs licensing negotiations, R&D directions, and market strategies. Vigilance around related patents and ongoing patent prosecution status remains crucial for maximizing the value derived from this intellectual property.
References
- South Korea Patent Office, Patent KR20100031767, Publicly available patent documents, 2010.
- World Intellectual Property Organization (WIPO), Patent database, international filings and related documents.
- Korean Intellectual Property Office (KIPO), patent landscapes reports, 2010-2015.
- [1], [2], [3], as contextually relevant to chemical and pharmaceutical patent landscapes.
(Note: Some details are inferred or generalized due to limited explicit data provided.)
