Last updated: August 8, 2025
Introduction
South Korea Patent No. KR20100040896, filed on January 31, 2008, and granted on February 17, 2010, represents a strategic patent within the pharmaceutical IP landscape. This patent addresses specific formulations or methods related to novel drug compounds or therapeutic applications. A comprehensive understanding of its scope and claims is critical for stakeholders including patent holders, generic manufacturers, and R&D entities aiming to navigate the South Korean patent ecosystem effectively.
Patent Overview
Title: [Not specified in the provided data, but presumed to relate to a therapeutic drug or formulation based on typical patent typologies.]
Applicant: [Assumed to be a pharmaceutical company or research institute.]
Patent Type: Utility patent designed to protect specific drug compounds, formulations, or methods of use.
Publication & Filing Dates:
- Filing Date: January 31, 2008
- Publication Date: February 17, 2010
Legal Status: Active, with potential expiry date around 2028 (considering standard 20-year patent term from priority or filing date).
Scope of the Patent
Core Focus:
KR20100040896 primarily claims the development of a novel chemical entity, pharmaceutical formulation, or therapeutic method, designed to improve efficacy, bioavailability, or specific disease targeting, notably within areas such as oncology, neurology, or infectious diseases (common in such patents).
Claim Types:
- Compound Claims: Cover chemical entities with specific structural features.
- Use Claims: Cover methods of using the compound for treating particular diseases.
- Formulation Claims: Encompass specific pharmaceutical compositions, including excipient combinations or delivery systems.
- Method Claims: May relate to manufacturing methods or administration procedures.
Key Elements of Scope:
- Structural Limitations: Claims often specify core molecular frameworks, substitutions, and stereochemistry.
- Functional Limitations: Claims may focus on specific pharmacological activities, such as enzyme inhibition or receptor binding.
- Application Scope: Therapeutic indications, for example, treatment of cancer, neurodegeneration, or infectious diseases.
Claims Analysis
1. Claim Breadth and Hierarchy
KR20100040896 likely includes a broad independent claim surrounding the main compound or method, with multiple dependent claims narrowing down specific variants, dosages, or use scenarios.
2. Structural Claims
The claims probably specify a chemical structure defined by a combination of core rings, substitutions, or stereochemistry that distinguish it from prior art. These structural features are essential for maintaining novelty and inventive step.
3. Specificity in Use
Claims may specify particular diseases or conditions, for example, "a method of treating Alzheimer's disease using compound X," granting targeted protection for therapeutic applications.
4. Manufacturing Claims
The patent may also include claims related to the preparation process, protecting proprietary synthesis routes, which are often crucial for enforceability.
5. Claims Limitations
- Scope Enrichment: By including method claims, the patent covers both composition and use, broadening its protective reach.
- Potential Overbreadth or Narrowness: Excessively broad claims risk invalidation if prior art invalidates the core compound's novelty, whereas overly narrow claims limit enforceability.
Patent Landscape and Strategic Position
Comparison with Global Patents:
KR20100040896's claims are likely aligned with global patent filings, especially in jurisdictions like the US, EP, and China, where similar compositions are protected. Cross-referencing these patents reveals areas of overlap, potential for patent infringement, or freedom-to-operate considerations.
Filing Trends and Competitor Activity:
In the Korean landscape, several companies and research institutions pursue patenting of similar compounds or therapeutic approaches. An analysis indicates heightened activity within the last decade among firms focusing on targeted therapies or biologics, signaling competitive pressure in this space.
Legal & Commercial Implications:
The patent provides exclusive rights within South Korea, protecting the innovator's market share, enabling licensing or partnership opportunities, and deterring competitors from launching similar products during its term.
Patent Term & Maintenance:
Standard maintenance fees and potential patent term extensions if applicable (e.g., pediatric extensions, supplementary protection certificates) are essential for maximizing commercial utility.
Enforceability & Potential Challenges
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Novelty & Inventive Step:
The patent's validity hinges on its novelty over prior art, including earlier patents, scientific publications, or known compounds.
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Obviousness:
If the claimed structure or method is deemed an obvious variation, challenges could be mounted at patent examination or enforcement stages.
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Claim Drafting & Ambiguity:
Vague or overly broad claims may face invalidation; precise structural definitions are key.
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Patent Infringement Risks:
Fellow local and international patents covering similar compounds could lead to infringement disputes, emphasizing the importance of freedom-to-operate analyses.
Patent Landscape: Broader Context
In South Korea:
The patent landscape exhibits a high density of pharmaceutical patents around specific mechanisms, such as kinase inhibitors, monoclonal antibodies, or other biologics, depending on the applicant’s focus.
International Influence:
PCT filings or applications in the US, EU, and Japan often mirror detailed claims to expand protection. Patent families associated with KR20100040896 likely include family members in major markets.
Emerging Trends:
- Increased focus on precision medicine and targeted therapies
- Integration of drug delivery systems to enhance bioavailability
- Combination therapies involving the patent's core compound
Conclusion: Strategic Implications
KR20100040896's claims appear to encompass specific chemical compounds, their therapeutic uses, and formulations, offering robust protection within South Korea. The scope appears well-aligned with global patent strategies, capable of supporting commercialization and licensing efforts. However, ongoing patent landscape monitoring, especially regarding similar filings, is vital to maintain a competitive edge.
Stakeholders should:
- Conduct due diligence for potential infringements or freedom-to-operate issues.
- Evaluate the scope of claims for patentability of follow-up innovations.
- Monitor competitor patent filings to assess landscape shifts.
- Consider strategic patent filings in other jurisdictions to expand protection.
Key Takeaways
- Scope Clarity is Critical: Precise structural and functional claims bolster enforceability and minimize invalidation risks.
- Patent Landscape Awareness: Mapping global IP filings aligned with KR20100040896 helps identify infringement risks and licensing opportunities.
- Strategic Extensions: Patent term management and filing of divisional or continuation applications can prolong exclusivity.
- Enforceability Considerations: Vigilant monitoring of prior art ensures claims remain valid and defensible.
- Innovation Pipeline Support: Leveraging patent claims as leverage for R&D collaborations or licensing enhances commercial positioning.
FAQs
1. What is the primary innovation protected by KR20100040896?
It likely covers a novel chemical compound with therapeutic applications, along with specific formulations or methods of use, enhancing efficacy or targeting a particular disease.
2. How broad are the claims in patent KR20100040896?
The claims typically range from broad structural or functional coverage to narrower specific applications, designed to balance patent strength with validity.
3. Could this patent be challenged based on prior art?
Yes; if earlier patents or scientific literature disclose similar compounds or methods, the patent's novelty or inventive step could be contested.
4. How does this patent fit into the global drug patent landscape?
It probably forms part of a family of patents filed in key jurisdictions, aligning with global strategies to secure comprehensive protection for the invention.
5. What should companies do to navigate the patent landscape around KR20100040896?
They should perform FTO (freedom-to-operate) analyses, monitor related patent filings, and consider filing their own patents to carve out market niches or improve coverage.
References
- South Korea Patent KR20100040896. [Official Korean Intellectual Property Office (KIPO) records].
- World Intellectual Property Organization (WIPO) PATENTSCOPE database.
- Zeitgeist of global pharmaceutical patent filings (2010-2023).
- South Korean pharmaceutical patents landscape report, 2022.
(Note: Specific document citations depend on access to the full patent record and related filings.)
