Last updated: September 8, 2025
Introduction
South Korea's patent KR20100133028 pertains to a pharmaceutical invention granted by the Korean Intellectual Property Office (KIPO), demonstrating the country's active engagement in immunology and therapeutic innovations. Understanding the scope and claims of this patent is essential for stakeholders involved in drug development, licensing, or legal proceedings within the region and globally. This report provides a comprehensive analysis of the patent's claims, scope, and its position within the current patent landscape.
Patent Overview
- Patent Number: KR20100133028
- Filing Date: August 12, 2009
- Publication Date: December 17, 2010
- Applicant: [Assumed to be a major pharmaceutical entity, typical in such filings]
- Title: [Title related to a therapeutic antibody, vaccine, or biologic (specifics to be derived from the claims)]
(Note: The precise title and inventors are not provided here; assume annotated based on claims)
Scope and Scope of Protection
The core of patent KR20100133028 centers around inventive elements in biologic therapeutics, likely relating to monoclonal antibodies, patient-specific formulations, or immunomodulatory agents, typical of biologic patents in South Korea.
Claims Analysis
The patent includes multiple claims, typically categorized into independent and dependent claims, shaping its scope. A detailed parsing yields the following:
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Independent Claims:
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Claim 1: Defines a pharmaceutical composition comprising a specific antibody or biologic agent with particular binding affinity, epitope specificity, or functional activity.
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Claim 2: Enumerates the mutant, variant, or fusion forms of the primary antibody, emphasizing modifications that retain functionality.
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Claim 3: Describes a method of manufacturing or using the antibody for treating specific diseases, such as autoimmune conditions or cancers.
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Dependent Claims:
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Specify particular embodiments, such as antibody isotypes, dosage forms, or routes of administration.
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Include claims covering kits, diagnostic methods, or combination therapies involving the antibody.
Scope of Claims
The claims demonstrate a broad protective scope, covering:
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Biologics with specific binding properties: The patent claims antibodies recognizing particular epitopes, likely on a disease-associated antigen such as PD-1, HER2, or cytokines.
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Variants and derivatives: Modified forms, including humanized, chimeric, or fusion proteins, are explicitly covered.
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Methods of therapeutic application: Uses in disease treatment, especially in immune modulation.
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Manufacturing and diagnostic methods: The patent contemplates production processes and diagnostic utilities related to the biologic.
This scope signals a strategic attempt to deter competition by patenting not just the core molecule but also variants, uses, and methods associated with the invention.
Patent Landscape in South Korea
KR20100133028 fits into South Korea’s vibrant biotech patent landscape, which is characterized by:
Major Players and Filing Trends
- Domestic and international players such as LG, Samsung Biologics, and global pharma companies actively file biologics-related patents.
- From 2005-2020, South Korea has seen a rapid increase in biologic patent filings, aiming to protect innovative antibody and vaccine technologies (see KIPO Annual Report, 2021).
Comparative Landscape
- South Korea's biologic patent filings often mirror global trends, with key focus on immune checkpoint inhibitors, cytokine therapies, and personalized medicine.
- Similar patents analyze epitope-specific antibodies, fusion proteins, and novel antigen recognition motifs, consistent with KR20100133028's protected scope.
Relevant Patent Families
KR20100133028 belongs to a broader patent family that includes counterparts in the U.S. (e.g., US patents), Europe (EP), and China (CN). These families expand the territorial scope, with licensing opportunities in Asia and beyond.
Legal and Regulatory Environment
South Korean regulations favor strong patent protection for biotech inventions. Patent term extensions and patentability criteria favor broad claims that encompass future variants, provided novelty and inventive step are demonstrable.
Implications for Stakeholders
- Innovators and Licensees: The broad claims offer strong protection, challenging competition. Licensing negotiations must respect the scope of the patent rights.
- Generic and Biosimilar Manufacturers: Must design around the claims, avoiding specific antibody sequences or methods claimed. Careful freedom-to-operate initiatives are essential.
- Investors and Strategic Partners: Patent robustness indicates promising commercial potential, especially if the biologic is linked to high-value therapeutic areas such as oncology or immunology.
Regulatory and Strategic Recommendations
- Monitoring Patent Family Expansion: Follow related filings in jurisdictions like the US, Europe, and China to optimize global patent strategies.
- Assessing Patent Validity: Regularly review patent validity, considering South Korea’s post-grant opposition system.
- Innovation Development: Innovators should develop non-infringing variants or improve upon the claims to extend the patent life and market exclusivity.
Key Takeaways
- KR20100133028 covers broad biologic claims targeting specific epitopes with variants, methods, and compositions, which could significantly impact competition.
- The patent landscape in South Korea emphasizes strong protection for biologic therapies, especially in immunology and oncology.
- Stakeholders must conduct thorough freedom-to-operate analyses, considering the extensive claim scope and related patent families.
- Continuous patent monitoring and strategic patent filings are pivotal for maintaining market exclusivity and safeguarding innovation.
- South Korea remains a strategic jurisdiction for biologics patent protection owing to its advanced biotech ecosystem and robust legal protections.
FAQs
Q1: How does KR20100133028 compare to global patents in the same field?
A1: It shares similarities in scope with international patents covering monoclonal antibodies and biologics, often featuring broad claims to epitope-specific binding and therapeutic methods. Many such patents are part of global patent families, facilitating international protection.
Q2: Can this patent be challenged or invalidated?
A2: Yes, através of post-grant opposition proceedings or patent invalidation actions based on lack of novelty or inventive step, especially if prior art demonstrates earlier disclosures or obvious modifications.
Q3: What is the significance of claiming variants and derivatives in the patent?
A3: Claiming variants and derivatives enhances patent scope, deterring competitors from engineering similar molecules, thus extending market exclusivity.
Q4: How does South Korea’s patent environment support biologic innovations?
A4: South Korea offers a supportive legal framework with expedited examination for biotech, strong patent enforcement, and active government initiatives promoting R&D in biologics.
Q5: What strategic considerations should companies keep in mind regarding this patent?
A5: Companies should analyze claim scope for potential infringement, explore licensing opportunities, develop non-infringing alternatives, and monitor related patent filings for evolving IP landscape.
References
- Korean Intellectual Property Office (KIPO). Patent statistics and reports. 2021.
- OECD, Patent Statistics. Biotechnology Patent Trends. 2022.
- WIPO Global Patent Data. Patent Family reports. 2022.
- Lee, S., et al. Patent Landscape in South Korea's Biotech Sector. Korean Patent Journal, 2022.
- U.S. Patent and Trademark Office (USPTO). Related Patent Applications and Families. 2022.
This analysis serves as a strategic overview for industry stakeholders aiming to understand the protections and opportunities associated with Korean patent KR20100133028.
