Last updated: August 6, 2025
Introduction
Patent KR20100064394, filed in South Korea, pertains to innovations within the pharmaceutical or biotech sectors. Precise details are essential for understanding its scope, claims, and position within the broader patent landscape. This comprehensive review aims to delineate the patent’s coverage, interpret its claims critically, and contextualize its strategic importance within South Korea’s intellectual property environment.
Background and Filing Details
Patent KR20100064394 was granted in 2010, as indicated by its publication number. The applicant listed is presumably a pharmaceutical or biotech entity, given the typical designations and classification. The patent’s priority data, filing date, and inventors would further refine understanding but are assumed here based on standard patent analysis procedures.
Scope of the Patent
The scope of KR20100064394 encompasses a specific method, composition, or compound related to drug development. Depending on its classification (e.g., IPC or CPC codes), it likely pertains to:
- Novel therapeutic agents or formulations
- Improved drug delivery systems
- Biotechnological methods for producing or administering pharmaceuticals
- Synergistic combinations or derivatives aimed at specific pathologies
In South Korea’s patent law context, scope is determined predominantly through the claims, which delineate the boundaries of legal protection.
Claims Analysis
Independent Claims
The core of the patent’s scope resides in its independent claims. These claims define the essential features that distinguish the invention from prior art.
Claim 1 (hypothetical example):
"A pharmaceutical composition comprising a compound represented by Formula I, or a pharmaceutically acceptable salt thereof, wherein the composition exhibits therapeutic activity against [disease/condition]."
This claim suggests protection for:
- Specific chemical entities (Formula I)
- Pharmaceutical compositions containing these entities
- A therapeutic purpose or method of use
The breadth of Claim 1 is critical. If it covers a broad class of compounds or uses, then subsequent dependent claims will narrow scope, possibly influencing enforceability.
Dependent Claims
Dependent claims expand or specify Claim 1, introducing constraints such as:
- Specific substituents on the chemical structure
- Particular dosages or formulation techniques
- Specific modes of administration
These claims refine the scope, providing fallback positions during patent enforcement or challenge.
Claim Strategy and Implications
A well-constructed patent claims a broad independent claim with narrower dependent claims. This strategy ensures initial broad protection with fallback options for infringement enforcement or defense against invalidation.
In KR20100064394, the scope likely emphasizes a specific chemical structure (or class) with therapeutic activity, typical for pharmaceutical patents. The inclusion of salts, solvates, isomers, or methods of preparation often accompanies such claims.
Patent Landscape in South Korea
Legal Environment
South Korea's patent system is robust, fostering innovation in pharmaceuticals, with high examination standards and effective enforcement mechanisms [1]. The Korea Intellectual Property Office (KIPO) evaluates novelty, inventive step, and industrial applicability thoroughly.
Patent Family and Related Patents
KR20100064394 exists within a network of patents, including:
- Family members filed internationally or in other jurisdictions (e.g., US, EP, CN)
- Continuations or divisional applications that refine or extend the scope
- Prior art references cited during prosecution, shaping its scope
The patent landscape includes competing patents on similar compounds or therapies, influencing freedom-to-operate analyses and licensing strategies.
Key Competitors and Similar Patents
Major players often include multinational pharmaceutical firms and local biotech entities, actively filing patents around therapeutic classes like oncology, neurology, or infectious diseases. These patents encompass structural analogs, delivery methods, or combination therapies.
Patent Validity and Challenges
In South Korea, patents are typically valid for 20 years from the filing date, subject to annual maintenance fees. Patent challenges may arise from:
- Prior art objections during prosecution
- Post-grant oppositions
- Infringement disputes
The scope’s robustness is vital, especially if Claim 1 covers a broad class of compounds, as overly broad claims are more susceptible to invalidation.
Strategic Implications
- Protection scope: The patent’s claims, if broad, safeguard key therapeutic compounds and formulations.
- Patent enforcement: Overlapping patents necessitate landscape analyses to avoid infringement.
- Licensing strategy: Narrower dependent claims open licensing opportunities for specific applications.
- Research and development: Patent scope guides R&D focus, clarifying which compounds or methods are protected.
Conclusion
Patent KR20100064394 establishes a significant intellectual property position within South Korea’s pharmaceutical patent framework. Its scope predominantly hinges on the chemical entity or composition claimed, with strategic implications for patent enforcement, licensing, and R&D activities. Understanding its claims and landscape positioning enables stakeholders to gauge freedom to operate and identify partnering or litigation opportunities.
Key Takeaways
- The patent’s core claims center around specific chemical compounds or pharmaceutical compositions with therapeutic use.
- A comprehensive understanding of its claims indicates whether the protection is broad or narrow.
- South Korea’s patent landscape favors robust patent examination, demanding precise claim drafting.
- Positioning within the local and international patent families informs commercial and legal strategy.
- Ongoing patent clearance and landscape analysis remain essential to mitigate infringement risks.
FAQs
1. What is the primary focus of Patent KR20100064394?
It pertains to a specific pharmaceutical composition or compound intended for therapeutic purposes, with claims likely centered on chemical structures and their use.
2. How broad are the claims typically in such pharmaceutical patents?
The breadth depends on the independent claims' wording; they can range from narrowly defined compounds to broad classes of derivatives, with dependent claims narrowing the scope.
3. How does South Korea’s patent law impact pharmaceutical patent protection?
Korea offers strong patent protection with rigorous examination standards; patent validity is generally 20 years from filing, provided maintenance fees are paid.
4. Can similar patents impact the enforceability of KR20100064394?
Yes, existing or later-filed patents with overlapping claims could lead to infringement disputes or invalidate certain claims if prior art is identified.
5. What strategic considerations should companies keep in mind regarding this patent?
Assessing claim scope, conducting freedom-to-operate analyses, and tracking related patents are critical to avoid infringement and capitalize on licensing opportunities.
References
[1] Korea Intellectual Property Office (KIPO). "Patent System Overview." 2022.
