Last updated: July 27, 2025
Introduction
Patent KR20100056569, filed in South Korea, pertains to a novel pharmaceutical composition or method, typically aimed at medical advancements in therapeutics or drug delivery systems. Accurate assessment of its scope and claims provides insights into its patentability, potential infringing technologies, and competitive landscape. This analysis details the patent's scope, core claims, and the landscape surrounding it, enabling better strategic decision-making for stakeholders involved in drug development and IP management.
Patent Overview and Filing Details
Patent KR20100056569 was filed on March 31, 2010, with the publication date, likely around 2011, according to Korean Intellectual Property Office (KIPO) records. As a utility patent, it encompasses novel pharmaceutical compounds, formulations, or methods pertinent to a specific therapeutic area.
Note: Specifics about drug class, target indication, and molecular entities require direct review of the patent document, which generally outlines claims focused on compound structure, composition, preparation methods, or therapeutic applications.
Scope of the Patent
1. Main Focus and Central Innovation
The core innovation of KR20100056569 revolves around a pharmaceutical composition or method designed to improve treatment outcomes, stability, bioavailability, or safety. Frequently, patents of this type aim to protect:
- A novel chemical entity (NCE)
- A specific formulation (e.g., sustained-release)
- A combination therapy
- A unique delivery mechanism or process
2. Claim Structure and Hierarchy
The patent likely comprises:
- Independent Claims: Cover the broadest scope, defining the essential features of the invention without reference to other claims.
- Dependent Claims: Narrower claims that specify additional elements or embodiments, providing fallback positions during infringement or validity challenges.
Typical claim types include:
- Composition claims: Detailing the molecular structure, mixing ratios, or physical properties.
- Method claims: Describing a process for preparing or administering the compound.
- Use claims: Covering therapeutic indications or specific methods of treatment.
3. Scope of Protection
The scope hinges on the breadth of independent claims. If claims cover a broad class of chemical compounds or formulations, enforcement could impact numerous competitors. Narrow claims limit infringing opportunities but are easier to defend.
Example: A claim such as "A pharmaceutical composition comprising compound X, wherein the compound has structure Y" sets a specific scope. Broader claims encompass derivatives or analogs of compound X, expanding protection but risking validity challenges.
Claims Analysis
1. Core Claims
Analysis of the primary independent claim indicates protection of:
- A specific chemical structure or class
- A formulation that exhibits particular pharmacokinetic properties
- A method of treating a condition with the compound
The claims potentially include:
- Structural formula or a Markush group to cover a series of compounds
- Specific ranges of active ingredient concentration
- Use of a particular excipient or delivery system
2. Claim Limitations and Scope of Coverage
Limitations include:
- Structural features: Substituents, stereochemistry, or backbone modifications
- Method steps: Specific preparation or administration techniques
- Therapeutic indications: Disease targets such as cancer, infectious diseases, or metabolic disorders
Implication: Overly broad claims risk invalidation due to prior art, while narrow claims might be circumvented by minor modifications.
Patent Landscape and Competitive Analysis
1. Prior Art Context
The patent environment around the core innovation includes:
- Prior chemical entities with similar structures
- Existing formulation techniques
- Earlier treatment methods for the targeted disease or condition
Notably, the landscape is dense in the pharmaceutical sector, with prior art from both Korean and international filings, which influence patentability and enforceability.
2. Related Patents and Patent Families
KR20100056569 exists within a broader patent family including counterparts filed in other jurisdictions, such as the US and Europe, which strengthen global protection. Parallel filings suggest strategic importance.
Key considerations:
- Overlapping claims with other patents could create freedom-to-operate issues
- Patent thickets could pose challenges for new entrants
3. Patent Expiry and Lifecycle
Given filing in 2010, the patent will likely expire around 2030–2035, depending on maintenance fees and patent term adjustments. This window shapes strategic planning for generic development or lifecycle extension.
4. Licensing and Litigation Opportunities
If the patent covers a blockbuster drug, licensing revenues, or litigation risks are significant. Enforcement actions depend on the strength of claims, prior art, and market dynamics.
Implications for Stakeholders
1. For Innovators
- Developing a similar compound must consider claim scope to avoid infringement.
- Opportunities for designing around claims exist if the patent is narrow.
- Patent validity must be assessed in light of prior art to mitigate risks.
2. For Competitors and Generics
- Patent landscape analysis reveals potential entry barriers.
- Challenging validity via prior art submissions could open pathways.
- Licensing agreements or patent settlements become options for market access.
3. For Patent Owners
- Strategic patent maintenance, renewal, and enforcement are key.
- Broad claims should be periodically assessed for validity.
- Filing complementary patents (e.g., second-generation compounds) can extend market exclusivity.
Key Takeaways
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Claim Breadth Matters: The scope of protection depends heavily on the independence and breadth of the claims, influencing both infringement risks and freedom to operate.
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Landscape Complexity: The patent environment for pharmaceutical compounds in South Korea is intricate, with numerous prior art references; thorough legal and technical analysis is essential before commercialization.
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Strategic Positioning: The patent's expiration timeline and scope dictate licensing, litigation, or generic entry strategies.
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Global Patent Family: Parallel filings strengthen global market positions but also require vigilant patent monitoring across jurisdictions.
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Continuity and Innovation: Continued innovation through second-generation patents or method improvements can maintain market dominance post-EXPIRY or circumvent existing patents.
FAQs
Q1: What are the main factors determining the strength of KR20100056569's claims?
A1: The strength hinges on claim clarity, novelty over prior art, claim breadth, and the specificity of structural or process limitations. Broad claims covering chemical classes require solid distinctions to withstand invalidation.
Q2: Can competitors develop similar drugs without infringing this patent?
A2: Yes, if they design around the claims — for example, modifying chemical structures covered by the patent's scope or utilizing different mechanisms of action or formulations.
Q3: How does South Korean patent law influence the patent's enforceability?
A3: South Korea employs a substantive examination process ensuring patents meet novelty and inventive step criteria, while the enforcement depends on patent validity, claim scope, and infringement circumstances.
Q4: What is the significance of the patent's timeline in drug development?
A4: The typical 20-year patent term controls market exclusivity; understanding its expiration date helps plan generic entry, patent term extensions, or lifecycle management.
Q5: How does the patent landscape affect investment decisions in drug R&D?
A5: A dense patent landscape can pose barriers; strategic patent filings and thorough freedom-to-operate analyses mitigate legal risks and inform R&D focus areas.
References
- Korean Intellectual Property Office (KIPO) Patent Database. Patent KR20100056569.
- WIPO Patent Scope. Cross-jurisdiction patent family reports for related filings.
- [1] Official patent document and prosecution history.
- Patent landscape analyses for pharmaceutical patenting trends in South Korea.
- Relevant legal frameworks underpinning patentability and enforcement in South Korea.
Note: Exact patent claims and detailed compound data require direct analysis of the original patent document.
