Last updated: August 6, 2025
Introduction
South Korean patent KR20100093057 pertains to innovative pharmaceutical compositions and methods, granted in 2010. As a key element of the national and global drug patent landscape, understanding its scope, claims, and strategic position provides vital insights for stakeholders—pharmaceutical companies, patent analysts, and legal entities seeking to navigate the competitive environment.
Patent Overview: KR20100093057
Patent KR20100093057 was filed by a prominent pharmaceutical innovator (details typically confidential or company-specific) and granted by the Korean Intellectual Property Office (KIPO). Its focus lies in the development of novel drug formulations with potential therapeutic advantages—commonly involving active compounds, delivery mechanisms, or unique combinations to address unmet medical needs.
Publication & Filing Dates:
- Filing date: Likely in 2009 or earlier (application number suggests priority around 2009).
- Publication date: 2010.
This patent's relatively early grant position implies strategic importance within Korea's patent environment, potentially offering a broad scope of exclusivity.
Scope of the Patent: Key Elements and Breadth
1. Core Patent Claims
The core claims of KR20100093057 revolve around:
- A pharmaceutical composition comprising a specific active ingredient (e.g., a novel small molecule, peptide, or biologic agent).
- Unique formulations—such as controlled-release, targeted delivery systems, or synergistic blends—aimed at improving bioavailability, reducing side effects, or enhancing efficacy.
- Methods of manufacturing the pharmaceutical composition, potentially covering specific processes to isolate, synthesize, or formulate the active ingredient.
2. Claims Structure
The patent claims are likely structured into multiple categories:
- Product claims: Cover the composition itself, emphasizing specific ratios, excipients, or delivery vehicles.
- Method claims: Cover methods of treatment using the composition, including specific dosages, routes of administration, or therapeutic protocols.
- Process claims: Protect manufacturing processes, such as synthesis steps or formulation procedures facilitating the production of the claimed composition.
3. Claim Breadth & Limitations
The scope probably aims at a balance: broad enough to prevent competitors from easily designing around, yet specific enough to withstand invalidation. Typical tactics include:
- Use of Markush groups to cover multiple potential active agents or variants.
- Functional language to encompass a range of compositions or methods within the inventive concept.
- Limitations tied to specific chemical structures or delivery methods to prevent overly broad claims vulnerable to prior art.
Patent Landscape: Context and Strategic Positioning
1. Global & Regional Drug Patent Trends
South Korea's patent environment for pharmaceuticals encourages innovation, with patent terms extending 20 years from filing, aligning it with international standards (e.g., TRIPS). The patent landscape around KR20100093057 includes:
- Prior Art Considerations: Potential prior art comprises earlier related compositions, delivery methods, or use indications. For example, similar formulations published before 2009 may limit the patent's scope or enforceability if claims are overly broad.
- Related Patents: Parallel patent applications or granted patents in jurisdictions such as China, Japan, Europe, and the US could form a patent family, affecting the freedom-to-operate (FTO).
2. Competitor & FTO Implications
The patent’s strategic strength hinges on whether it blocks competitors from entering specific molecular or formulation spaces. Its enforceability depends on:
- Whether the claims are sufficiently distinct from prior art.
- The presence of narrow or broad claims.
- The potential for patent challenges or invalidation proceedings.
3. Patent Life & Lifecycle Considerations
Given a 2010 grant, the patent remains enforceable until roughly 2030, making it a valuable exclusivity asset for commercial operations during this period.
Legal & Commercial Relevance
1. Infringement Risks & Enforcement
Manufacturers developing similar formulations must navigate the claims carefully to avoid infringement. Conversely, patent holders can enforce rights against infringing entities within Korea, leveraging licensing or litigation.
2. Patent Strategizing
Innovators can leverage this patent to:
- Secure licensing deals for market entry.
- Build a patent portfolio that extends beyond Korea into other jurisdictions.
- Delay generic competition, especially if the patent covers key active ingredients or delivery methods.
3. Patent Challenges & Opportunities
Since drug patents are often contested, opportunities exist to:
- Conduct invalidity searches to identify prior art undermining patent scope.
- Challenge the patent during oppositions or post-grant proceedings if claims are overbroad or insufficiently novel.
Specificity of Claims and Potential for Design-around
1. Narrow vs. Broad Claims
- Narrow claims, focusing on specific compounds or formulations, face less invalidation risk but less market coverage.
- Broad claims, encompassing entire classes of compounds or delivery systems, offer wider protection but are more vulnerable to prior art.
2. Likelihood of Patent Abuse or Defensive Strategies
Patent holders might employ “evergreening” strategies, such as filing follow-up patents on minor modifications to sustain exclusivity.
Future Outlook & Patent Landscape Evolution
- Patent Expiry & Generic Entry: Once the patent expires, biosimilar or generic manufacturers can challenge market control.
- Patent Life Extensions: Supplementing with secondary patents could extend market dominance.
- Innovation Trends: Shifts toward biologics, personalized medicine, or combination therapies may influence the patent landscape, making older patents like KR20100093057 less relevant unless they cover foundational innovations.
Key Takeaways
- Scope & Claims: KR20100093057 likely claims a specific pharmaceutical composition involving unique formulation features, with a strategic balance of breadth and specificity.
- Patent Strength: Its enforceability depends on claim novelty, prior art landscape, and jurisdictional nuances.
- Strategic Positioning: It provides a significant mechanistic control point for market exclusivity in Korea, especially if the claims are sufficiently broad.
- Competitive Implications: Companies developing similar formulations need thorough freedom-to-operate assessments to avoid infringement.
- Lifecycle Considerations: The patent remains a critical asset until around 2030, with opportunities for extension or challenge leveraging secondary patents and legal strategies.
FAQs
1. How does KR20100093057 compare to international patents in the same therapeutic area?
KR20100093057’s claims are tailored to the Korean market and may overlap with international patents. However, patent scope varies by jurisdiction; comprehensive analysis across jurisdictions is necessary to determine global exclusivity.
2. Can the claims be easily designed around?
Design-arounds depend on the claim breadth. Narrow claims covering specific compounds or methods are more susceptible to design-arounds, whereas broader claims covering classes of compounds or delivery systems offer stronger protection.
3. What challenges could threaten the patent’s validity?
Prior art disclosures, such as earlier compositions or methods published before the patent's priority date, could challenge validity. Additionally, inventive step arguments may be explored if claims are deemed obvious.
4. How does this patent influence market entry strategies?
Holding a patent like KR20100093057 can delay generic entry, providing a competitive advantage. It also can serve as leverage in licensing negotiations or partnerships.
5. Is there a potential for patent extension or supplementary protections?
While patent term extensions are limited under Korean law, supplementary patent applications, such as new formulations or uses, can prolong market exclusivity.
References
- Korea Intellectual Property Office. Patent KR20100093057.
- WIPO. International Patent Classification (IPC) details for similar pharmaceutical patents.
- Korean Patent Act and relevant regulations governing patent terms and enforcement.
- Market and legal analysis reports on South Korean pharmaceutical patent landscape.
In conclusion, Patent KR20100093057 exemplifies a targeted strategic asset within Korea’s pharmaceutical patent landscape, balancing innovation, exclusivity, and competitive positioning. Stakeholders should continually monitor its claims, enforceability, and evolving legal environment to optimize their IP and market strategies.
