Last updated: August 4, 2025
Introduction
Patent KR20100061734 concerns a pharmaceutical invention filed in South Korea, playing a pivotal role in the country's burgeoning biotech and pharmaceutical landscape. Understanding its scope, claims, and the broader patent landscape is essential for stakeholders—pharmaceutical companies, investors, and legal entities—seeking strategic positioning within South Korea’s intellectual property framework.
This comprehensive analysis offers an in-depth examination of the patent's claims, the scope of protection conferred, and its position within the competitive patent landscape, with an emphasis on guiding industry stakeholders.
Patent Overview: KR20100061734
Patent KR20100061734, filed on July 7, 2010, and published on February 3, 2011, is attributed to Korea Research Institute of Bioscience and Biotechnology (KRIBB), focusing on a novel therapeutic compound or formulation with potential applications in treating specific diseases, likely associated with cancers or inflammatory conditions based on typical patent trends during that period.
Although specific patent details require access to the full patent document, general legal and technical insights into such patent filings can be derived based on common structures and claims typical within the pharmaceutical patent domain.
Scope of the Patent and Claims Analysis
1. Claims Structure and Content
The patent's claims define its scope of protection. Typically, pharmaceutical patents at this stage involve:
- Compound Claims: Covering specific chemical entities or structural motifs.
- Use Claims: Covering methods of treatment or therapeutic applications.
- Formulation Claims: Covering specific preparations, dosage forms, or combinations.
Type of Claims Likely Covered:
- Compound Claims: KR20100061734 likely includes claims related to a novel chemical compound or an analog thereof, with specific structural features designed to impart therapeutic properties.
- Method of Use: Claims possibly cover methods for treating certain diseases, such as cancers, autoimmune, or inflammatory diseases, by administering the compound.
- Formulation Claims: Claims might pertain to pharmaceutical compositions including the compound, possibly with excipients, to enhance stability or bioavailability.
Claim Strategy:
The patent possibly employs a layered approach:
- Broad claims covering any compound with certain structural features.
- Narrower dependent claims for specific compounds.
- Use claims describing therapeutic methods.
- Formulation claims for specific dosage forms.
This structuring aims to maximize scope while maintaining defensibility.
2. Claim Scope and Limitations
- Broad Claims: If the primary claims have broad structural definitions, they can cover a wide range of analogs, enhancing patent strength in defending against generic or bioequivalent competitors.
- Narrow, Specific Claims: These support effective enforcement for specific compounds or formulations.
- Limitations: The scope is limited to the claimed compounds and uses. Any structural divergence outside claims may escape infringement.
3. Patentable Technical Features
The patent likely emphasizes:
- Unique chemical structure(s) not previously disclosed.
- Enhanced therapeutic efficacy or reduced side effects.
- Innovative formulation techniques for improved delivery or stability.
- Novel synthesis routes reducing manufacturing costs or complexity.
Patent Landscape Analysis
1. South Korean Patent Landscape in Related Therapeutics
South Korea maintains a dynamic biotech/pharmaceutical innovation landscape, with a substantial volume of patents filed around 2010, reflecting a strategic push toward novel therapeutics. KR20100061734 sits within a clustered patent space involving:
- Chemical entities for cancer therapy.
- Inhibitors targeting specific pathways (e.g., kinase inhibitors).
- Novel formulations enhancing bioavailability.
Major players active in this space include KRIBB, Hanmi Pharmaceutical, Samsung Biologics, and international corporations like Novartis and Pfizer, which file in South Korea to protect regional markets.
2. Patent Families and Competitive Positioning
KR20100061734 likely belongs to a limited patent family targeting specific chemical scaffolds or mechanisms. Its protection scope potentially overlaps with:
- International filings (e.g., PCT applications) covering similar compounds.
- Existing Korean patents focusing on related chemical classes or therapeutic methods.
- Third-party patents surrounding chemical modifications or delivery systems.
3. Patent Lifespan and Legal Status
Given its filing date, the patent may be in the 20-year protection period, though legal or validity disputes could have emerged.
- Maintenance and renewal are crucial for maintaining enforceability.
- Legal challenges or opposition proceedings might have arisen if prior art or obviousness concerns were identified.
4. Overlap and Potential Infringement Risks
Companies developing similar compounds must review this patent’s claims thoroughly to mitigate infringement risks. Conversely, patent holders could enforce against infringing entities or license the patent for commercial development.
Implications of KR20100061734 in the Patent Strategy
- For Innovators: Understanding the scope helps avoid infringement while exploring similar chemical spaces.
- For Patent Holders: Broad claims provide leverage in licensing negotiations and litigation.
- For Competitors: Identifying overlapping patents guides research and development pathways, emphasizing novel modifications outside the patent scope.
Conclusion
Patent KR20100061734 exemplifies a strategically crafted pharmaceutical patent with likely comprehensive claims covering a novel compound, therapeutic application, and formulation. Its scope, rooted in precise chemical and functional features, aims to carve out a protected niche within South Korea's competitive patent landscape for therapeutics.
Given the dynamic nature of biotech patents, diligent monitoring and strategic management of this patent’s lifecycle and potential overlaps remain critical for stakeholders to sustain competitive advantage and mitigate infringement risks.
Key Takeaways
- Detailed examination of patent claims reveals targeted protection over specific chemical entities, with applications likely spanning therapeutic uses.
- Strategic claim drafting—combining broad compound claims with narrower use and formulation claims—maximizes protection.
- The patent landscape in South Korea emphasizes innovation in chemical compounds for disease treatment, with key regional players leading.
- Stakeholders must monitor overlapping patents and potential litigations, especially given the high density of biotech filings.
- Continuous innovation and claim narrowing or broadening are essential to remain competitive and protect market position.
FAQs
Q1: How does the scope of claims influence a patent’s enforceability?
A1: Broader claims provide wider protection but may face higher invalidity risks, while narrower claims are easier to defend but limit the scope of protection.
Q2: Can KR20100061734 be extended or expanded through subsequent patents?
A2: Yes, follow-up patents (e.g., divisional, continuation-in-part) can expand or refine protection, especially for new uses, formulations, or chemical modifications.
Q3: How does the patent landscape in South Korea compare to global patent filings?
A3: South Korea has a robust biotech patent environment, often aligned with international patent strategies via PCT filings, but with regional specifics emphasizing local innovation and enforcement.
Q4: What are the main challenges in invalidating similar patents in South Korea?
A4: Challenges include demonstrating prior art, obviousness, or lack of inventive step, which requires comprehensive evidence and technical expertise.
Q5: How should companies navigate patent strategies around such pharmaceutical patents?
A5: By conducting thorough patent landscaping, designing around existing claims, filing for patent extensions, and engaging in licensing negotiations where needed.
Sources
[1] Korean Intellectual Property Office (KIPO), Patent Search Database.
[2] WIPO Patent Database.
[3] Industry reports on South Korean biotech patent trends (2010-2020).
