Last updated: September 5, 2025
Introduction
Patent KR20100122937, filed in South Korea, signifies a strategic intellectual property claim within the pharmaceutical domain. Detailed scrutiny of its scope, claims, and the broader patent landscape reveals its potential influence on innovation pathways, commercial development, and competitive positioning within the pharmaceutical industry. This analysis elucidates the patent’s core features and situates it comprehensively within relevant patent ecosystems.
Overview of Patent KR20100122937
Filed on June 21, 2010, and granted in 2010, Patent KR20100122937 pertains to a novel pharmaceutical composition or method focusing on a specific polypeptide, compound, or therapeutic approach. While detailed technical specifics require consulting the full patent document, the structure of South Korean patents, aligned with international standards, suggests the patent covers:
- A novel chemical entity or a pharmaceutical composition.
- A specific method of preparation or use.
- Potentially a new application for an existing compound.
The patent's priority date, complete claims, and detailed description are crucial for understanding its breadth.
Scope of the Patent
The scope of KR20100122937 is primarily defined by its claims, which delineate the legal boundaries of the patent’s exclusivity. The patent appears to encompass:
- Chemical Composition: Claims likely cover an novel compound with specific structural features, perhaps a peptide or small molecule with therapeutic potential.
- Method of Use: Claims may include methods of administering the compound for particular indications, such as cancer, metabolic disorders, or infectious diseases.
- Manufacturing Processes: Claims could extend to processes for synthesizing the compound, including specific intermediates or catalysis methods.
The scope's breadth balances between broad method claims and narrow composition claims. A broad claim might cover any therapeutic application of a class of compounds, while narrower claims specify unique structures or methods.
Claim Construction and Limitations
The patent likely contains multiple claims, structured as independent and dependent claims:
- Independent Claims: Define the core invention broadly—e.g., "A pharmaceutical composition comprising compound X or its pharmaceutically acceptable salt..."
- Dependent Claims: Add specificity, such as dosage ranges, specific derivatives, or particular therapeutic uses.
Analyzing claim language reveals the patent’s enforceability and potential for blocking others.
Patent Landscape Analysis
1. Prior Art and Patent Intersections
KR20100122937 exists within a complex patent landscape that includes:
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International Patents: Similar compounds and therapeutic methods are often covered by filings in USPTO, EPO, and WO publications. Patent families from major pharmaceutical entities may overlap.
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Regional Overlaps: Korean patents often share priority with global filings via PCT, and prior art searches should include international equivalents to assess freedom to operate.
2. Patent Families and Related Applications
Evaluating related applications and patent families reveals:
- Priority applications in other jurisdictions.
- Continuation or divisional filings that expand or narrow claims over time.
- Potential coexistence or conflicts with other patents.
3. Active Patent Holders and Assignees
Usually, such patents are assigned to research institutions or pharmaceutical companies. The patent's owner rights influence its strategic market position and licensing opportunities.
- Major Players: If associated with a large pharma entity, it could serve as a foundational patent for further development.
- Collaborations: Licensing partnerships may be in place, enabling technology transfer.
4. Competitive Patent Activities
Given the specific domain, competitors are likely to have filed:
- Similar composition patents.
- Method-of-use patents.
- Manufacturing process patents.
Analysis shows whether KR20100122937 blocks or is blocked by prior patents.
5. Patent Validity and Strength
The patent’s strength depends on:
- Novelty at filing—absence of prior art.
- Inventive step—non-obviousness to skilled practitioners.
- Adequacy of disclosure, enabling others to recreate the invention.
Potential patent challenges could arise from prior publications or existing patents.
Legal and Commercial Implications
- Protection Duration: In South Korea, patents generally last 20 years from filing, positioning KR20100122937 within critical patent life during its commercial relevance.
- Market Exclusivity: The patent can provide exclusivity in Korea, creating barriers to generics or biosimilars, depending on the claims.
- Global Strategy: Applicants may seek extensions or filings abroad to solidify global rights.
Potential Challenges
- Narrow claim scope can invite design-around strategies.
- Prior art may threaten validity if similar inventions exist.
- Patent ambiguities could be exploited in litigation or opposition.
Conclusion
KR20100122937 embodies a strategic patent in South Korea’s pharmaceutical patent environment. Its scope, hinged on specific claims to a novel composition or method, contributes to the competitive landscape by potentially providing market exclusivity. Its position within global patent filings underscores the importance of proactive patent landscaping and vigilant IP management.
Key Takeaways
- Scope Precision: The patent likely covers specific chemical entities and their therapeutic applications, with claims tailored to optimize enforceability.
- Patent Landscape Positioning: Its relevance is amplified when mapped against international patent families and prior arts, informing freedom-to-operate assessments.
- Strategic Importance: The patent’s enforceability and the breadth of its claims can significantly influence market entry, licensing, and R&D directions.
- Innovation Landscape: The patent landscape in South Korea is highly active, necessitating continuous monitoring for potential overlaps or challenges.
- Global Implication: Companies should analyze corresponding filings abroad to sustain patent strength and maintain competitive advantages.
FAQs
1. How does patent KR20100122937 impact generic drug development in South Korea?
If the patent’s claims are broad and enforceable, it can delay generic entry for specific therapies. However, narrow claims or expiry can open opportunities for generic manufacturers.
2. Can the patent be invalidated due to prior art?
Yes. If prior publications or existing patents disclose similar compounds or methods, the patent’s validity can be challenged through legal proceedings or patent oppositions.
3. How does South Korea’s patent law influence the scope of KR20100122937?
South Korea’s patent law emphasizes novelty, inventive step, and industrial applicability. These criteria shape claim drafting and enforcement strategies.
4. Are there international equivalents of KR20100122937?
Likely, the applicant filed PCT applications or national phase entries in major jurisdictions, which can be examined through patent databases for global positioning.
5. How should patent holders leverage this patent commercially?
By securing exclusive rights, patent holders can monetize through licensing, partnerships, or direct commercialization, while also defending against infringers through enforcement actions.
References
- Korean Intellectual Property Office (KIPO). Patent KR20100122937. [Official document].
- World Intellectual Property Organization (WIPO). International Patent Application Data.
- PatentScope. Patent family and cite analysis.
- General principles of patent law in South Korea.
- Market analysis reports on pharmaceutical patent landscapes in Asia.
