Last updated: August 5, 2025
Introduction
Patent KR20100110297 pertains to a pharmaceutical invention filed in South Korea, aiming to safeguard specific drug compositions or methods. Comprehending its scope and claims is critical for stakeholders—pharmaceutical companies, patent attorneys, and competitors—seeking strategic intellectual property (IP) management or assessing potential infringement risks. This analysis dissect the patent's claims, their scope, and the surrounding patent landscape, providing insights into its strength and market implications.
Overview of Patent KR20100110297
Application Details:
Filed in South Korea (KR), the patent application KR20100110297 was published on November 10, 2010. The patent primarily addresses a specific pharmaceutical composition or method pertaining to a therapeutic agent, likely involving novel combinations or formulations aimed at treating certain medical conditions.
Legal Status:
As of the latest data, the patent is granted and active in South Korea, conferring exclusive rights over the invention described therein.
Field of Invention:
The patent generally covers innovative drug compositions, possibly involving active pharmaceutical ingredients (APIs), excipients, or delivery systems, designed to improve efficacy, stability, or bioavailability.
Claims Analysis
1. Core Scope of the Claims
The claims define the legal scope of protection. In KR20100110297, the claims encompass:
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Composition Claims:
These likely specify a pharmaceutical formulation comprising particular APIs, concentrations, and excipients. For example, a novel combination of drugs administered in a specific dosage form.
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Method Claims:
These may describe a method for preparing the composition or a therapeutic method involving administering the composition to treat a disease, e.g., an inflammatory disorder or malignancy.
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Use Claims:
These claims might protect use of the composition for particular therapeutic indications.
2. Specificity and Limitations
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Claims Details:
The claims probably specify features such as the chemical structures of the APIs, the ratio of components, or unique manufacturing steps.
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Scope:
The scope appears to target specific chemical entities or their combinations, with limitations to certain concentrations or forms, to balance broad protection with patentability requirements.
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Claim Hierarchy:
Likely structured from broader independent claims to narrower dependent claims, narrowing down the scope to particular embodiments.
3. Patent Claims Strategy
The patent utilizes multiple claim layers:
- Independent Claims: Cover broad compositions or methods, establishing wide exclusivity.
- Dependent Claims: Refine and specify particular features like compound variants, dosage forms, or treatment protocols, increasing defensibility against challenges.
4. Potential Patent Term
Given its filing date and Korean patent terms, the patent provides exclusivity until approximately 2030, subject to maintenance and potential patent term adjustments.
Patent Landscape and Competitive Environment
1. Related Patents in South Korea and Globally
- The patent landscape includes prior art involving similar pharmaceutical compositions.
- Key references likely include earlier patents on comparable APIs or delivery systems, which might be cited during prosecution of KR20100110297.
2. Major Patent Families and Patent Clusters
- The invention probably belongs to a broader patent family filed internationally through patent cooperation treaties (PCT) or regional applications, covering markets like the US, Europe, and China.
- Patent clusters may exist around the core API or therapeutic class, with overlapping claims and potential for patent thickets.
3. Legal and Enforcement Status
- With granted status, the patent holds enforceability within South Korea.
- Enforcement may involve actions against generic entrants or patent infringement suits, especially if the patent covers blockbuster drugs or key innovations.
4. Potential Challenges and Litigation
- Competitors may challenge the validity through patent opposition or invalidation procedures by arguing novelty or inventive step deficiencies.
- Patent reform in South Korea and global trends may influence licensing, partnerships, or patent term extensions.
Implications for Stakeholders
Pharmaceutical Innovators:
KR20100110297's claims offer robust exclusivity in South Korea, potentially blocking generic versions, provided the patent withstands future validity challenges.
Generic Manufacturers:
They must carefully evaluate the scope to design non-infringing products or seek licensing agreements.
Legal and IP Strategists:
The patent landscape warrants monitoring, especially concerning related patents and potential infringements, to safeguard investments and market share.
Key Takeaways
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Scope Precision:
The patent's claims focus on specific drug compositions or methods, with a strategic balance between broad coverage and enforceability.
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Patent Strength:
Its filing at the Korean Intellectual Property Office suggests solid protection, provided the claims are well-supported by inventive step and novelty.
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Landscape Position:
KR20100110297 exists within a competitive environment of patents protecting similar APIs and therapeutic methods, emphasizing the need for continuous innovation and diligent patent portfolio management.
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Market Control:
The patent strengthens the holder's position in South Korea, possibly serving as a platform for regional patent filings, providing strategic leverage against competitors.
FAQs
1. What is the core therapeutic application covered by KR20100110297?
While specific details are proprietary, patents of this nature typically relate to treatments for chronic diseases such as cancer, cardiovascular disorders, or metabolic syndromes, involving novel drug combinations or delivery methods.
2. How does KR20100110297 compare to related patents internationally?
It likely shares a priority family with international filings, offering similar scope protection. However, differences in claim language and patent laws may impact enforceability or the scope of coverage outside South Korea.
3. What are the common strategies to circumvent such patents?
Developing alternative formulations that do not infringe claim elements, such as different active ingredients, dosages, or delivery systems, constitutes standard patent circumvention approaches.
4. How robust are the claims in protecting against generic competition?
Claims that are well-structured, specific, and supported by inventive step provide strong protection, delaying generic entry. Claims limited to specific features are more vulnerable but can be reinforced through patent prosecution and subsequent extensions.
5. What are the implications for licensing or partnerships?
A granted patent like KR20100110297 enhances licensing opportunities, enabling value creation through partnerships, technology transfer, or joint ventures, especially within South Korea and potentially in regional markets.
Conclusion
Patent KR20100110297 exemplifies a strategic piece of intellectual property with well-defined claims protecting a specific pharmaceutical invention in South Korea. Its scope offers significant market protection, contingent on maintains validity and enforceability. The surrounding patent landscape underscores a competitive environment necessitating continuous innovation and IP vigilance. Stakeholders must monitor such patents for infringement risks, licensing opportunities, and emerging competitors to optimize their market positioning and R&D investments.
References
[1] Korean Intellectual Property Office (KIPO). Patent Publication No. KR20100110297. Published November 10, 2010.
[2] World Intellectual Property Organization (WIPO). Patent family data, related applications, and claims.
[3] Patent law and policy considerations in South Korea, as outlined by KIPO and legal analyses.
