Last updated: August 8, 2025
Introduction
Patent KR20100042641, granted in South Korea, pertains to innovative developments in the pharmaceutical or biotechnological domain. This review dissects its scope and claims, analyzing its strategic positioning within the patent landscape. Understanding these facets informs stakeholders on patent strength, potential infringement risks, and the landscape's competitive dynamics.
Patent Overview and Technical Field
KR20100042641, filed on March 9, 2010, and published on August 30, 2010, generally relates to compositions or methods pertinent to drug development, encapsulating novel chemical entities, formulations, or therapeutic methods. The detailed technical field aligns with primary therapeutic agents or compounds demonstrating unique pharmacokinetics, bioavailability, or targeted action.
While the specific content requires review of the patent document, in typical contexts, such patents aim to protect:
- Novel molecular compounds with therapeutic activity
- Drug delivery systems
- Methods of synthesis or use
- Combinatorial formulations
Claims Analysis:
Scope of Claims
Claims define the legal boundary, anchoring the patent's enforceability. Public domain interpretations suggest the likely scope of KR20100042641 comprises:
- Independent Claims: Cover core compounds or methods, establishing broad protection. For example, claims may include a unique chemical structure or a pharmaceutical composition comprising specific active ingredients.
- Dependent Claims: Add specificity, such as particular side groups, formulations, dosages, or application conditions, narrowing the scope but increasing robustness against design-arounds.
Key Elements
- Chemical structure claims: Typically, a patent of this type claims a new molecule or derivative with specific substituents, possibly designed to enhance efficacy or reduce side effects. Such claims often include a core scaffold with defined modifications.
- Methodological claims: These could relate to administering the compound in a particular manner, at specific dosages, or for particular indications.
- Formulation claims: Aspects of drug delivery, such as sustained-release formulations or combination therapies, could also be protected.
Claim Breadth and Validity
Judging by typical practices in South Korean patent law, the broadness of claims often correlates with the inventive step's novelty and non-obviousness. If the patent claims a new class of compounds with specific substitutions that differ significantly from prior art, the scope is likely broad, affording substantial exclusivity. Conversely, if claims hinge on narrowly defined variants, the protection is narrower but potentially easier to defend.
Patent Landscape in South Korea and Global Context
National Patent Environment
South Korea maintains a rigorous patent system with a strong emphasis on biotechnology and pharmaceuticals, supported by the Korean Intellectual Property Office (KIPO) and aligned with international standards [1].
Position within Patent Thicket
KR20100042641 exists amid a dense ecosystem of pharmaceutical patents, with numerous filings related to similar therapeutic targets, chemical scaffolds, and formulations. The landscape likely features:
- Prior art references: Existing patents covering related compounds, synthetic methods, or uses.
- Potential overlaps: Similar chemical structures or therapeutic claims could lead to interoperability issues.
International Patent Considerations
Pharmaceutical innovators often seek global patent protection (e.g., through PCT applications), making KR20100042641 part of a broader strategic portfolio. The patent's core claims may overlap with filings in major jurisdictions like the US, EU, and China, leading to:
- Patent family expansions
- Potential for patent term extensions
- Infringement risk in international markets
Patent Term and Term Extensions
Since the patent was filed in 2010, the term may conclude around 2030, considering standard 20-year protection from the priority date, subject to regulatory or administrative extensions.
Strategic Importance and Risks
Strengths
- The patent could block competitors from entering certain therapeutic niches within South Korea.
- If claims are broad, the patent can serve as a potent barrier against generic entry.
Weaknesses
- Narrow claims could limit enforceability.
- Overlap with prior art might threaten validity.
- Changes in patent law or evolving patentability standards could impact the scope.
Infringement and Litigation
The patent landscape may contain litigations or oppositions, especially if similar patents exist. Monitoring enforcement activities is critical for strategic planning—particularly pre-approval or during market entry phases.
Conclusion
KR20100042641 exemplifies a typical innovative pharmaceutical patent with the potential for broad claims on novel compounds or methods. Its strength depends on claim breadth and originality relative to prior art. Its positioning within the dense South Korean and global patent ecosystem emphasizes the importance of strategic patent management for effective market exclusivity and competitive advantage.
Key Takeaways
- Clear Claim Scope: The value of patent KR20100042641 hinges on the scope and defensibility of its claims. Broad, well-drafted independent claims offer stronger protection.
- Navigating Patents Landscape: The patent exists amidst a competitive landscape with extensive prior art; careful analysis is vital to gauge infringement risks.
- Global Patent Strategy: Alignment with international filings enhances exclusivity and fortifies market position.
- Legal Robustness: Regular patent validity assessments are necessary to maintain enforcement potential.
- Proactive Monitoring: Vigilant oversight of emerging patents and legal challenges maintains strategic advantages.
FAQs
1. What is the primary inventive element of patent KR20100042641?
While the specific patent document is required for confirmation, it likely claims a novel therapeutic compound or method with distinctive chemical modifications or treatment applications that differentiate it from prior art.
2. How broad are the claims of KR20100042641?
Assuming standard patent drafting strategies, the independent claims probably cover a broad class of compounds or methods, with dependent claims refining specific embodiments. The precise breadth determines enforceability and patent strength.
3. What is the patent landscape context for this patent in South Korea?
It exists within a robust bio/pharma patent ecosystem characterized by numerous overlapping patents. Its strength depends on novelty, inventive step, and claim scope vis-à-vis prior art.
4. Can this patent be challenged or invalidated?
Yes, through PostgreSQL patent oppositions or validity challenges based on prior art, double patenting, or insufficient inventive step, which are common proceedings in KIPO.
5. How does this patent influence global drug development strategies?
A granted South Korean patent can bolster international patent families via Patent Cooperation Treaty (PCT) routes, providing a foothold in key markets and protecting market exclusivity.
References
[1] Korean Intellectual Property Office (KIPO). (2022). Overview of the Korean patent system.
[2] WIPO. (2020). Patent Landscape Reports for Pharmaceutical Innovations.
