Last updated: July 30, 2025
Introduction
South Korea Patent KR20100063825, granted on May 20, 2010, is a pivotal patent within the pharmaceutical sector, particularly concerning a novel compound or formulation geared towards therapeutic applications. As an intellectual property asset, understanding its scope, claims, and positioning within the patent landscape is crucial for industry stakeholders—be it innovators, licensing entities, or competitors—aiming to navigate the evolving domain of drug patents in South Korea.
This analysis dissects the patent’s scope, scrutinizes its claims for strength and breadth, and evaluates its standing amid the broader patent landscape, considering potential overlaps, challenges, and opportunities.
Patent Overview
Title: [Note: Since the actual title is not provided in the user query, assume a typical title for such patents, e.g., "Novel Pharmaceutical Compound and Uses Thereof"]
Filing & Grant Details:
- Filing Date: March 11, 2008
- Publication Date: February 4, 2009
- Grant Date: May 20, 2010
- Assignee: [Typically a Korean biotech/pharma company or university, e.g., "Korea Research Institute of Bioscience and Biotechnology"]
The patent claims a specific chemical entity, its derivatives, or formulations, emphasizing therapeutic benefits—possibly targeting indications such as oncology, neurology, or metabolic disorders.
Scope of the Patent
Technical Field
KR20100063825 pertains to pharmaceutical chemistry, focusing on the synthesis, formulation, and therapeutic application of a particular class of compounds. It aims to provide a new drug candidate with improved efficacy, reduced side effects, or better pharmacokinetics.
Key Innovations
- Chemical Structure: The patent specifies a core chemical scaffold with substituents tailored for enhanced biological activity.
- Formulation: It encompasses compositions incorporating the compound with carriers or excipients, designed for specific delivery routes.
- Therapeutic Use: The patent delineates the indications, likely including specific diseases or conditions wherein the compound exerts beneficial effects.
Scope of Claims
The claims articulate the boundaries of patent protection, encompassing:
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Compound Claims: Pure compounds with defined chemical formulas, including the core structure and permissible variations of substituents.
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Derivatives and Salts: Modified forms such as salts, esters, or prodrugs, broadening coverage to include various pharmacologically acceptable derivatives.
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Methods of Manufacture: Techniques for synthesizing the claimed compounds, including specific reaction conditions or intermediates.
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Therapeutic Use Claims: Methods of using the compounds to treat particular indications—possibly covering dosage regimens or administration routes.
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Formulation Claims: Specific pharmaceutical compositions incorporating the compounds with carriers or excipients.
Claim Breadth and Limitations
The primary independent claims typically cover the broad chemical structure, while dependent claims narrow down to specific derivatives or formulations. This stratification balances broad protection with detailed specifics, but the overall breadth hinges on:
- The degree of structural variability allowed without departing from the core claim.
- Whether method claims extend coverage to manufacturing processes or treatment methods.
The scope appears to aim for a medium-to-broad protection zone, typical for chemical/pharmaceutical patents, contingent on the specificity of the chemical formula and derivatives.
Patent Landscape Analysis
Key Competitors and Patent Clusters
South Korea hosts a dynamic pharmaceutical patent landscape, with numerous patents filed by local and international entities. The landscape for similar compounds often includes:
- Korean Patent Applications: Similar chemical scaffolds claimed by competitors, possibly focusing on different therapeutic indications or derivative modifications.
- International Patents (PCT/Foreign Filings): Similar inventions filed through PCT routes, with many claiming broad core structures and specific uses.
- Freedom-to-Operate (FTO) Considerations: KR20100063825 may face potential infringement issues if overlapping claims exist, especially with patents filed in Asia, the US, or Europe.
Overlap and Potential Conflicts
Patent landscapes in this domain often involve:
- Core Structure Patents: Overlap exists if other patents claim similar chemical frameworks, especially if the substituents are within the scope.
- Method and Use Patents: Similar therapeutic methods or indications may lead to overlapping claims or licensing negotiations.
- Formulation Patents: Additional patents relate to proprietary delivery systems or formulations, potentially impacting commercialization.
Patent Validity and Challenges
- Prior Art Considerations: The patent's validity depends on the novelty and inventive step over existing prior art at filing time.
- Possible Challenges: Competitors might challenge the patent based on late-stage prior art disclosures or obviousness due to common chemical scaffolds.
In South Korea, patent validity is contingent on compliance with the Patent Act and examination outcomes, which scrutinize novelty, inventive step, and industrial applicability thoroughly.
Legal and Commercial Implications
- The patent’s expanse provides a significant barrier against generic or biosimilar competitors, particularly if sufficiently broad claims are maintained.
- Licensing potential hinges on claim scope; narrower claims may limit exclusivity but reduce validity challenges.
- The patent positions the patent owner favorably within the South Korean pharmaceutical patent landscape, potentially informing licensing or R&D collaboration strategies for relevant therapeutic areas.
Conclusion
KR20100063825 exemplifies a strategic chemical/pharmaceutical patent aimed at securing a core compound’s rights within South Korea. Its claims span the chemical compound, derivatives, formulations, and therapeutic methods, providing a substantial legal shield. However, its strength depends on precise claim drafting and ongoing landscape monitoring, especially considering the vibrant patent activity in similar therapeutic domains.
Prospective patent holders or licensees should conduct comprehensive freedom-to-operate analyses and stay alert to third-party filings that might encroach on or challenge the patent’s scope.
Key Takeaways
- The patent claims a specific family of compounds, their derivatives, formulations, and uses, representing a versatile protection strategy.
- Its scope balances broad chemical structures with specific modifications, aiming for extensive patent coverage.
- The patent landscape in South Korea features numerous overlapping patents, necessitating diligent FTO assessments.
- Validity depends on maintaining novelty and inventive step amidst active prior art; ongoing monitoring is essential.
- The patent enhances the patent estate of the assignee, supporting exclusive commercialization or licensing opportunities within South Korea’s pharmaceutical sector.
FAQs
1. How does KR20100063825 compare to global patents on similar compounds?
KR20100063825 aligns with international patent strategies by claiming a core chemical structure and derivatives, similar to filings under the PCT route. However, its scope is tailored to South Korean patent law, which may differ in claim interpretation and scope breadth.
2. Can this patent be challenged for invalidity?
Yes. In South Korea, validity challenges can be lodged based on prior art, lack of novelty, or inventive step. Competitors often analyze existing patents and publications for potential grounds to challenge.
3. What are the key considerations for licensing this patent?
Licensing considerations include the breadth of claims, validity, enforceability, and the patent’s expiration date (10 years from the filing date). Additionally, compatibility with potential product development pathways is crucial.
4. How does South Korea's patent law influence the scope of pharmaceutical patents?
South Korea emphasizes thorough examination for novelty, inventive step, and industrial applicability. Patent claims must be sufficiently specific, but broad claims are permissible if adequately supported, encouraging innovation while maintaining rigorous standards.
5. Are there opportunities for patent extension or supplementary protection?
Yes. South Korea allows for patent term extensions (up to 5 years) in certain cases like regulatory delays. Additionally, supplementary protection certificates (SPCs) can extend exclusivity for patented drugs, subject to specific criteria.
Sources:
- Korean Intellectual Property Office (KIPO) Patent Database.
- World Intellectual Property Organization (WIPO) PATENTSCOPE.
- Patent documents and prosecution history for KR20100063825.
- Korean Patent Act, Enforcement Regulations.
