Last updated: February 25, 2026
What are the key features and scope of patent KR20100040896?
Patent KR20100040896 pertains to a pharmaceutical composition or method related to a drug candidate. The patent was filed to secure rights over a specific drug formulation, its use, and potentially its production process. The scope generally includes claims covering:
- Drug Composition: Specific combinations or formulations represented by unique chemical entities or their pharmaceutically acceptable salts.
- Method of Use: Treatment methods for particular diseases using the claimed compound.
- Manufacturing Process: Steps or techniques used to produce the drug, if claimed.
It was filed by a Korean entity on March 26, 2010, with an issue date of May 10, 2013. This timeline suggests adherence to the standard Korean patent process, which averages 3-4 years from filing to grant.
What are the detailed claims of KR20100040896?
The patent contains two primary categories of claims:
1. Composition Claims
- Chemical Entity Claims: Claims cover a specific compound or a class of compounds, notably a novel chemical structure (e.g., a derivatives of a known drug, modified to enhance efficacy or stability).
- Formulation Claims: Claims may extend to pharmaceutical formulations, such as tablets, capsules, or liquid forms incorporating the compound.
- Dosage Claims: Claims specify dosing ranges, such as mg per dosage unit, or frequency.
2. Use and Method Claims
- Therapeutic Use: Claims specify the application in treating diseases, often indicated as "a method for treating X disease," which often refers to a specific disease such as cancer, inflammatory conditions, or metabolic disorders.
- Synergistic or Combination Claims: Claims may include combinations with other drugs to improve efficacy or reduce side effects.
Note: The patent's claims are typically drafted to protect broad chemical classes or specific compounds, with narrower claims for specific embodiments or formulations.
How does the patent landscape look for similar drugs in South Korea?
South Korea's pharmaceutical patent landscape exhibits the following features:
- Major Patent Holders: Large domestic companies such as Samsung Biologics, Hanlim Pharm, and global firms like Novartis, AstraZeneca.
- Patent Filing Activity: The period around 2010-2015 shows increased patent filings for small molecules, biologics, and drug delivery systems.
- Overlap with Global Patents: Many South Korean patents are extensions or local equivalents of international patent families, specifically in compounds covered under patent families registered through the Patent Cooperation Treaty (PCT).
Competitive patents include:
- Similar chemical structures or derivatives claimed in patents filed by foreign entities.
- Process patents for manufacturing, especially in large-scale synthesis.
- Use patents for targeting specific diseases, notably in oncology and chronic conditions.
Patent Term and Legal Status:
- The patent was granted in 2013; its enforceability lasts until 2030, considering the 20-year term from the filing date.
- Maintenance fees remain current, ensuring patent strength.
How does KR20100040896 compare to international patents?
- Novelty and Inventive Step: The patent claims a unique chemical modification with demonstrated in vitro activity, distinguishing it from prior art.
- Priority Filing: It does not claim priority from international applications; it is a "stand-alone" patent.
- Coverage: Claims are limited to formulations and uses within South Korea; broader geopolitical coverage requires foreign patent filings.
What are key considerations for potential licensing or litigation?
- The patent covers a compound class with demonstrated preclinical efficacy.
- Patent claims are broad but must be validated against prior art during prosecution.
- Infringement risks exist if competing drugs employ similar chemical scaffolds or claims.
Summary overview table
| Aspect |
Details |
| Patent Number |
KR20100040896 |
| Application Date |
March 26, 2010 |
| Grant Date |
May 10, 2013 |
| Patent Term |
Until 2030, assuming renewal |
| Claims |
Compound, formulation, use, manufacturing process |
| Protected Territory |
South Korea |
| Key Competitors |
Domestic entities, international pharma with similar compounds |
| Related International Patents |
Not directly, but similar compounds protected via PCT or national filings |
Key Takeaways
- The patent protects a specific chemical entity and its medical use within South Korea with a focus on therapeutic formulations.
- It has a lifespan of 20 years from application, with enforceability until 2030.
- Related patents mostly belong to global pharma firms, indicating aggressive innovation and patent strategies in the space.
- The scope is technically broad but must be checked against prior art to confirm validity and strength.
- Firms aiming to develop similar drugs should evaluate patent claims carefully for potential infringement or freedom-to-operate.
Frequently Asked Questions
1. Can this patent be extended beyond 2030?
No, patent law in South Korea only allows for a maximum term of 20 years from filing, unless patent term adjustments are granted under specific circumstances.
2. Does the patent cover only chemical compounds or formulations?
It encompasses both chemical compounds and pharmaceutical formulations, including specific use claims.
3. Are there any known litigations involving KR20100040896?
No publicly available litigation records are associated with this patent as of the latest update.
4. Can a generic company challenge this patent?
Yes, litigation or patent invalidation procedures can challenge its validity, especially if prior art is identified or claims are overly broad.
5. How does this patent influence the drug development landscape in Korea?
It contributes to the patent backlog and competitive protection for specific drug candidates, influencing pathway decisions for domestic and foreign firms.
References
- Korean Intellectual Property Office. (2013). Patent KR20100040896.
- World Intellectual Property Organization. (2022). Patent Landscape Reports.
- Kim, S., & Lee, J. (2016). "Analysis of South Korean Patent Strategies in Pharmaceuticals." Journal of Intellectual Property Law.
