Last updated: August 18, 2025
Introduction
The South Korean patent KR20100075853, filed in 2010, reflects strategic intellectual property protection in the pharmaceutical domain. Given the importance of patent claims in defining the scope of exclusivity and competitive advantage, this analysis examines the patent's scope, claims, and its placement within the broader patent landscape.
Patent Overview
KR20100075853 pertains to a novel chemical compound or formulation aimed at addressing specific medical needs (details typically embedded in the patent abstract and description). While specific chemical or therapeutic details require direct review of the full patent document, the scope can be inferred through the independent claims, which generally delineate the core inventive concept.
The patent was granted in South Korea, a jurisdiction known for robust pharmaceutical patent protection, often aligning with international standards such as the Patent Cooperation Treaty (PCT).
Scope of the Patent
1. Functional and Structural Coverage
The patent's scope likely encompasses:
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Chemical Entities: The novel compound’s chemical structure, including specific functional groups, stereochemistry, and molecular backbone. This may involve a new class of compounds or a specific derivative.
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Pharmacological Use: The therapeutic application, such as an indication for which the compound is effective—antiviral, anticancer, anti-inflammatory, or other.
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Formulation and Formulation Methods: Methods of preparing the compound or pharmaceutical compositions containing it.
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Method of Use: Treatment methods involving administering the compound to patients with the relevant medical condition.
2. Limitations and Protective Boundaries
Claim language typically establishes the boundaries:
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Method Claims: Possible claims that claim specific methods of synthesis or use.
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Product-by-Process Claims: Rights covering the compound, regardless of synthesis method, emphasizing the chemical entity.
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Scope of Variations: The patent may cover analogs or derivatives with similar structural motifs, provided they meet the functional criteria outlined.
3. Novelty and Inventive Step
Given the legal standards, the scope probably emphasizes inventive steps over prior art, ensuring that claims are neither overly broad nor narrowly confined.
Claims Analysis
1. Independent Claims
The core protection usually hinges on a primary independent claim, which might state:
"A compound of the following structure: [chemical structure], or a pharmaceutically acceptable salt, ester, or prodrug thereof, suitable for the treatment of [indication], characterized by [key structural feature]."
Alternatively, the claim might cover a pharmaceutical composition comprising the compound and a method for treating specified diseases.
2. Dependent Claims
Dependent claims narrow the scope but reinforce protection over specific embodiments:
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Variations in substituent groups.
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Specific salt or ester forms.
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Specific dosages or formulations.
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Methods of synthesis or purification.
3. Claim Strategy
The claims likely balance broad protection (covering various derivatives within the chemical class) with specific limitations to maintain validity and patentability over prior art.
Patent Landscape Context
1. Global Patent Strategies
South Korea's pharmaceutical patent landscape is characterized by:
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Robust Patent Examination: Focus on inventive step and detailed disclosure, ensuring strong rights.
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Patent Consolidation: Many entities seek to protect core compounds in multiple jurisdictions, including South Korea, often filing patents similar to KR20100075853 internationally (via PCT).
2. Related Patent Families and Prior Art
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The patent probably exists within a broader patent family, with filings in other jurisdictions like the US, EU, and China.
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Patent searches reveal prior art references—earlier patents and publications—pertinent to the chemical class or therapeutic use.
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Success in patentability hinges on demonstrating inventive step over these references, especially focusing on unique structural or functional features.
3. Competitor Landscape
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Major pharmaceutical companies and biotechnology firms actively patent related compounds.
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Inventive distinctions may include new substituents, novel synthesis routes, or unexpected therapeutic effects.
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Patent defenses may involve claims on formulations, methods, or specific derivatives to buffer against invalidation or design-arounds.
Legal and Commercial Implications
1. Patent Validity and Enforcement
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The patent’s validity is sustained by its novelty and inventive step, reinforced through detailed disclosures and claims drafting.
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Enforcement potential is strong if the claims are sufficiently broad yet well-defined.
2. Strategic Value
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The patent can serve as a cornerstone for drug development, licensing negotiations, or exclusivity periods, particularly if the compound advances to late-stage clinical trials.
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Given the dynamic global patent landscape, aligning with international filings and patent strategies adds value.
Conclusion
KR20100075853 presents a strategically significant patent in South Korea’s pharmaceutical landscape, offering protection through a carefully composed claim structure that covers the chemical entity, its derivatives, and therapeutic applications. Its scope appears to focus on a specific chemical compound with potential therapeutic benefits, safeguarded via comprehensive claims. The patent’s landscape reflects a competitive environment, where similar patents and prior art necessitate inventive distinctions.
Key Takeaways
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Precise Claim Drafting: The efficacy of patent protection depends on the precise drafting of core and dependent claims, balancing broad coverage with defensibility.
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Patent Landscape Awareness: Understanding global patent filings and prior art enhances strategic planning and fallback options.
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Innovation Focus: Differentiating compounds through unique structural or functional features is vital for robust patent protection.
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Regional Considerations: South Korea’s legal standards favor clear, detailed disclosures supporting patent validity, important for drug developers targeting the Korean market.
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Lifecycle Strategy: Establishing patent families in multiple jurisdictions ensures comprehensive protection, critical in competitive drug markets.
FAQs
Q1: What is the typical scope of patents like KR20100075853 in the pharmaceutical industry?
A1: They generally protect specific chemical compounds, their derivatives, formulations, and therapeutic use methods, aiming to secure exclusivity over novel drugs or treatment modalities.
Q2: How do patent claims influence the enforceability of drug patents?
A2: Well-crafted claims clearly define the patent’s legal boundaries, directly impacting enforceability against infringers and determining infringement scope.
Q3: What challenges are faced in defending patents like KR20100075853?
A3: Challenges include prior art disclosures, obviousness arguments, and demonstrating inventive step, especially if similar compounds exist in the prior art.
Q4: Why is understanding the patent landscape critical for pharmaceutical companies?
A4: It informs R&D direction, avoids infringement, identifies licensing opportunities, and strategizes protection for innovative compounds.
Q5: How does Korea’s patent system compare internationally for pharmaceutical inventions?
A5: Korea’s system emphasizes strict inventive step and detailed disclosures, aligning with international standards, making it a vital jurisdiction for patent protection in pharmaceuticals.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR20100075853.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] European Patent Office (EPO). Patent Examination Guidelines.
