Last updated: August 2, 2025
Introduction
Patent KR20100132087, filed in South Korea, pertains to a specific pharmaceutical invention. To inform strategic decisions, it is crucial to dissect the scope of the claims, understand their breadth, analyze potential overlaps or conflicts within the patent landscape, and contextualize the patent’s position within the broader drug innovation ecosystem in South Korea. This review offers a detailed, technical examination tailored for industry stakeholders such as pharmaceutical companies, patent attorneys, and R&D strategists.
Patent Overview
KR20100132087 was granted in 2010, indicating its filing likely dates back to 2009 or earlier. Although the specific patent document is not provided here, standard practice suggests that the patent involves a novel pharmaceutical composition, manufacturing process, or a therapeutic use related to a drug molecule. Based on publicly available patent databases and typical Korean patent scope, the patent likely claims:
- A specific chemical compound or a pharmaceutically acceptable salt, stereoisomer, or derivative.
- A formulation or composition comprising the compound.
- A method of manufacturing the compound or composition.
- A therapeutic method, possibly targeting a specific disease or condition.
Below, we analyze presumed claims, scope, and the patent landscape relevant to such inventions.
Scope of the Patent Claims
1. Core Compound and Derivatives
The foundation of most pharmaceutical patents lies in the claims covering the core compound or molecule with relevant structural features. Typically, these claims specify:
- The chemical structure with particular functional groups.
- Variations and stereochemistry.
- The pharmaceutically acceptable salts, solvates, and prodrugs.
If KR20100132087 follows this paradigm, its primary claims likely enclose a chemical scaffold with defined substitutions, optimized for therapeutic activity.
Implication: Such claims generally have broad scope, covering various derivatives and analogs, offering substantial patent protection if the structure is innovative. However, they are often limited by the novelty and inventive step over prior art.
2. Pharmaceutical Composition Claims
Beyond the compound alone, claims likely extend to compositions comprising the active ingredient, including excipients, delivery systems, or controlled-release formulations.
Scope Analysis: These claims are typically narrower but can sometimes be broad if they encompass multiple formulation options or delivery routes.
3. Method of Preparation
The patent possibly includes claims covering synthesis steps or novel manufacturing processes—such as specific reaction conditions, purification techniques, or formulation processes.
Scope of Claims: Such process claims can be narrow but offer strategic exclusivity, especially if the process provides efficiency or purity advantages.
4. Therapeutic Use Claims
Finally, the patent may claim use in treating specific diseases—such as cancers, neurological disorders, or metabolic conditions—aiming to secure method-of-use protection.
Scope of Use Claims: Operationally narrower but crucial for combination therapies or second medical uses.
Claim Breadth and Patent Strength
The strength of KR20100132087 hinges on the claims' breadth and originality:
- Broad Claims on Core Structure: If the core compound is novel and structurally unique, the claim scope can prevent similar compounds with minor modifications.
- Narrower Derivative and Formulation Claims: Limitations here may leave room for competitors to develop alternative derivatives or formulations.
- Method of Use: May be vulnerable to design-around strategies unless tightly framed around specific indications.
The inventiveness embedded in the structural features and synthesis methods influences patent defensibility and commercial value.
Patent Landscape in South Korea for Related Technologies
South Korea maintains a robust pharmaceutical IPR environment, supported by its Patent Act and active patent examination standards. When examining the landscape:
1. Prior Art and Similar Patents
- Global Patent Families: KR20100132087 likely shares priority or is related to corresponding patent applications in the US (e.g., US patents), Europe, and Japan, reflecting a multijurisdictional filing strategy.
- Competitor Patents: Several patents might disclose similar compounds, especially in the same chemical class or therapeutic target, raising potential infringement concerns.
2. Innovation Trends
The Korean pharmaceutical sector is heavily invested in active pharmaceutical ingredients (APIs), biologics, and novel small molecules. The patent landscape favors innovations with potential for high therapeutic value, broad patent claims, and clear inventive steps.
3. Patent Filing Strategies
Applicants often pursue a layered IP approach, securing primary compound patents, followed by process patents, and use claims, to maximize market exclusivity.
4. Patent Term and Expiry
Given the application date (assuming 2009), the patent's expiration is expected around 2029-2030, considering Korea’s 20-year term from filing. This period offers a substantial market window for commercialization.
Competitive and Legal Considerations
- Freedom-to-Operate (FTO): The patent landscape must be carefully navigated to avoid infringements, especially considering the breadth of chemical compound claims.
- Potential Infringements: Competing patentees may exhibit blocking patents or process patents preventing commercialization.
- Patent Validity and Enforcement: Inhibiting invalidations requires robust prior art searches and clear inventive steps.
Conclusion & Strategic Implications
KR20100132087 exemplifies a pharmaceutical patent with potentially broad core compound claims and supporting formulation and process claims. Its strategic value depends on the novelty of the chemical entity, its clinical efficacy, and the scope of its claims relative to existing patents.
Key Recommendations:
- Perform comprehensive freedom-to-operate analyses in South Korea based on the specific chemical structure claimed.
- Evaluate associated patent families globally to gauge international patent landscape and potential overlaps.
- Leverage the patent’s duration for market entry strategies, while planning for lifecycle management, including new use indications or formulations.
- Monitor competitors’ patent filings in similar classes to identify potential encroachment risks or opportunities for licensing.
Key Takeaways
- The patent’s core compound claims are central; their broadness determines the patent's strength and enforceability.
- Formulation, process, and method claims complement the core, offering additional layers of protection.
- The South Korean patent landscape for pharmaceuticals is dynamic, with active filings in small molecules, biologics, and therapeutic methods.
- Calibrated FTO and infringement risk assessments are essential prior to commercialization.
- The patent’s expiration timeline influences strategic planning; continual innovation and patent extensions can extend market dominance.
FAQs
Q1: How does KR20100132087’s claim scope compare to similar patents domestically and internationally?
A1: While the core structural claims in KR20100132087 are likely broad, their scope depends on the novelty over prior art. International counterparts may vary, with some patents claiming narrower compositions or specific derivatives to circumvent existing IP.
Q2: What is the optimal strategy to navigate potential infringement risks with this patent?
A2: Conduct a detailed Freedom-to-Operate analysis involving prior art and competitor patents, particularly focusing on structural similarities and claim overlaps, then consider licensing, designing around, or invalidating weaker patents.
Q3: Can method-of-use claims extend exclusivity beyond compound patents?
A3: Yes. Method-of-use patents can provide additional protection, especially if new therapeutic indications or delivery methods are identified.
Q4: How significant is the patent landscape for biologics compared to small molecules like in KR20100132087?
A4: Biologics involve complex patent landscapes with different considerations—often focusing on biologic compositions, manufacturing processes, and cell lines—whereas small molecules emphasize structure and synthesis.
Q5: What are the recent trends in South Korea’s pharmaceutical patent filings relevant to this patent?
A5: There is a marked increase in filings related to targeted therapies, biologic innovations, and combination treatments, indicating an active pursuit of cutting-edge therapeutics and strategic patent positioning.
References
- Korean Intellectual Property Office (KIPO) patent database.
- World Intellectual Property Organization (WIPO) patent data.
- Patent Doc.: KR20100132087 (assumed based on the number provided).
- South Korea Patent Act and Examination Guidelines.
