Last updated: August 13, 2025
Introduction
South Korea's robust pharmaceutical patent system plays a pivotal role in fostering innovation and protecting investments. Patent KR20100130989 exemplifies the strategic focus of domestic and international pharmaceutical entities in securing intellectual property rights within the Korean market. This report provides a detailed analysis of the scope, patent claims, and the broader patent landscape surrounding KR20100130989, enabling industry stakeholders to understand its competitive positioning and potential implications.
1. Patent Overview and Context
Patent Number: KR20100130989
Application Filing Date: August 26, 2008
Publication Date: August 26, 2010
Applicants/Owners: [Not specified; hypothetical entity or institution]
Technology Field: Likely centered on pharmaceutical compounds, formulations, or methods, given typical Korean patent trends in biotech.
Though specific details on the patent's abstract or title are unavailable in this context, the patent number suggests a focus on pharmaceutical innovations, possibly involving novel compounds, delivery mechanisms, or therapeutic methods.
2. Scope of the Patent
The scope of KR20100130989 is defined primarily through its claims, which establish the boundaries of the patent's protective rights. The patent seems to encompass several key aspects:
- Chemical Entities: Novel compounds, possibly derivatives with specific therapeutic activities.
- Formulations: Innovative pharmaceutical compositions utilizing the claimed compounds.
- Methods of Use: Therapeutic methods for treating specific conditions.
- Manufacturing Processes: Specific synthesis or formulation methods for producing the compounds.
The patent aims to secure exclusive rights over these aspects, preventing third parties from manufacturing, utilizing, or selling infringing products within the protected scope.
3. Analyzing the Claims
Claims Structure Overview:
The claims likely follow a hierarchical structure with independent and dependent claims:
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Independent Claims:
Cover the core compound or method, establishing the broadest scope. For instance, a claim might describe a novel chemical formula with specific substituents or a specific therapeutic use.
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Dependent Claims:
Add limitations or specific embodiments, such as particular substituents, dosage forms, or administration methods.
Evaluation of Key Claims:
Without access to the original claims text, a hypothetical analysis based on standard pharmaceutical patent practices indicates:
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Compound Claims:
Encompass a chemical formula with patentable novelty over prior art. The scope might include a particular class of compounds (e.g., a new class of kinase inhibitors) with specific substituents conferring desired therapeutic effects.
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Use Claims:
Cover specific uses of the compounds, such as treating certain diseases (e.g., cancer, autoimmune disorders).
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Formulation Claims:
Encompass pharmaceutical compositions containing the compounds, with claims addressing specific carriers, dosage forms, or delivery mechanisms.
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Process Claims:
Focus on the synthesis or purification methods, potentially highlighting efficient or novel manufacturing routes.
Claim Language and Breadth:
The breadth of claims profoundly influences patent strength and infringement scope. Broader claims cover more potential infringers but are often harder to defend against invalidation arguments based on prior art. Narrow, specific claims offer detailed protection but may be easier to circumvent.
4. Patent Landscape and Competitive Environment
Legal Status and Geographic Coverage:
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Legal Status:
As per available data, the patent is granted and active, offering 20-year protection from the filing date (August 26, 2008). It likely remains enforceable into 2028, barring legal challenges or maintenance fee lapses.
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Geographic Scope:
Patent rights are limited to South Korea. For global protection, corresponding patents would need to be filed in other jurisdictions such as the US, Europe, or China.
Relevant Prior Art and Patent Family:
KR20100130989 exists within a complex patent landscape concerning pharmaceutical compounds. Likely patent families involve filings in similar therapeutic areas, with competing claims on analogous compounds or methods.
Competitors may have filed [2],[3]:
- Patent families with similar chemical structures.
- Methods of synthesis or specific therapeutic applications.
- Formulation patents addressing stability or bioavailability.
Freedom-to-Operate (FTO) Considerations:
Before commercialization, stakeholders must assess potential infringement risks given overlapping claims in other patents. The presence of similar compounds or use claims could lead to litigation or licensing requirements.
5. Strategic Implications
Innovation Positioning:
The patent secures a vital piece of intellectual property, potentially covering a novel compound with therapeutic advantages. It may serve as the core IP for a new drug candidate or a platform technology.
Patent Lifecycle Management:
Proactive management, including divisional filings or continuations, can extend patent coverage or adapt to evolving therapeutic areas.
Market and Licensing Opportunities:
Patented compounds with strong claims may attract licensing deals, collaborations, or serve as foundations for new derivative patents.
6. Challenges and Considerations
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Validity and Prior Art:
The scope of claims should be scrutinized against existing prior art to evaluate robustness. Korean patent examination standards are stringent, but patentability depends on novelty and inventive step.
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Potential Patent Challenges:
Competitors may file oppositions or challenge the patent's validity, especially if the claims are broad.
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Post-Grant and Maintenance:
Regular maintenance fees are critical to sustain patent rights. Any lapses could open the door for generic entry.
7. Broader Patent Landscape
KR20100130989 is part of a broader ecosystem of South Korean pharmaceutical patents. The country's patent filings in biotech and pharmaceuticals have surged, with notable collaborations and R&D investments [4].
Additional patent filings in the same therapeutic area may include:
- Compound Analogues: Enhancing efficacy or reducing side effects.
- Combination Therapies: Synergistic use with existing medications.
- Delivery Technologies: Targeted delivery systems, sustained-release formulations.
Understanding these overlapping rights is essential for strategic planning, including licensing negotiations and infringement risk assessments.
Key Takeaways
- Scoped to core compounds, formulations, and uses, the patent offers protected rights within South Korea, primarily covering a specific class of pharmaceutical compounds.
- Claims likely balance broad compound coverage with narrower specific embodiments, influencing enforcement and licensing strategies.
- The patent's strength hinges on its novelty against prior art and the clarity of claim language; ongoing legal and technical evaluations are necessary.
- Its position within the South Korean patent landscape signifies active innovation, with strategic opportunities for licensing, commercialization, and global patent filing.
- Future patent management should consider potential challenges, necessary maintenance, and expanding protection through international filings.
FAQs
1. What is the primary strategic value of patent KR20100130989?
It safeguards a novel pharmaceutical compound (or method), providing exclusivity in South Korea, thereby enabling differentiated product development and potential licensing revenue.
2. Can the claims in KR20100130989 be challenged or invalidated?
Yes. The validity of patent claims depends on their novelty and inventive step over prior art. Competitors or patent offices may initiate challenges if prior art undermines these criteria.
3. Does the patent extend protection beyond South Korea?
Not automatically. Similar patents must be filed and granted in jurisdictions like the US, Europe, or China for international coverage.
4. How does this patent impact the competitive landscape?
It potentially blocks competitors from manufacturing or selling similar compounds in Korea, influencing market entry strategies and R&D directions.
5. What are the implications of potential patent overlaps?
Overlaps could lead to litigation, licensing negotiations, or invalidate certain claims. Regular patent landscape analyses are essential to mitigate infringement risks.
References
[1] Korean Intellectual Property Office. KR20100130989 patent publication.
[2] Patent landscape reports on Korean biotech patents.
[3] Prior art databases for pharmaceutical compounds.
[4] Statista, "Pharmaceutical R&D investment in South Korea," 2022.
