Last updated: August 14, 2025
Introduction
Patent KR20100135814, filed in South Korea, is a critical piece of intellectual property (IP) relevant to pharmaceutical development. Understanding its scope, claims, and position within the current patent landscape is vital for stakeholders involved in drug development, licensing, or competitive analysis. This document offers a comprehensive, detailed examination designed for business professionals, patent strategists, and R&D leaders seeking insights into this patent's strategic value and competitive context.
Patent Overview
KR20100135814 is a South Korean patent application published in 2010. The application appears to relate to a novel pharmaceutical composition or a specific chemical entity, consistent with typical patenting strategies aimed at securing protection over innovative molecules, formulations, or delivery systems.
While exact details depend on detailed patent documentation, the general scope of such patents encompasses novel compounds, proprietary formulations, or methods of use, with claims designed to assert exclusive rights over the inventive aspects.
Scope of the Patent
1. Nature of the Invention
Based on standard patent drafting conventions and the time of filing, KR20100135814 likely covers:
- Chemical structures: Specific molecules or classes of compounds with potential therapeutic activity.
- Pharmaceutical compositions: Formulations incorporating these compounds, potentially with specific excipients or delivery mechanisms.
- Methods of manufacturing: Processes for synthesizing the claimed compounds or preparing the pharmaceutical compositions.
- Therapeutic methods: Use of the compounds or formulations in treating particular diseases or conditions.
2. Patent Claims
The claims define the legal scope of protection. They are drafted with varying scope to secure broad yet defensible claims:
- Independent Claims: Likely encompass a novel chemical entity or pharmaceutical composition with specific structural features.
- Dependent Claims: Likely narrow the scope, referencing particular substituents, dosage forms, or use cases.
3. Claim Features
Typical features that might Feature in the claims:
- Specific chemical backbone structures (e.g., heterocycles, amino acids, peptides).
- Functional groups critical for bioactivity.
- Particular ratios, concentrations, or combinations.
- Delivery methods (e.g., sustained-release formulations).
- Therapeutic indications, such as oncology, neurology, or infectious diseases.
4. Scope Analysis
The scope hinges on how broad the independent claims are. For example:
- Narrow claims protect specific compounds or formulations.
- Broader claims cover classes of molecules or methods, which elevate the patent’s strategic value but face higher invalidity risks due to prior art.
In Korean patent law, claims must clearly delineate the invention, and overly broad claims can be challenged or invalidated, especially if not empirically supported.
Patent Landscape Context
1. Regional and Global Patent Environment
KR20100135814 exists within a densely competitive patent environment in Korea, which boasts robust pharmaceutical patenting activities. The landscape includes:
- Filing of core global patent applications (e.g., via PCT process) to secure international rights.
- Academic and industrial patent filings targeting similar compounds or therapeutic pathways.
- Prior art references from Korean, Japanese, Chinese, and US patents/applications, especially for widely explored drug classes.
2. Patent Families and Priority Filings
Typically, a patent such as KR20100135814 stems from a priority filing in another jurisdiction (such as WO or US applications), forming part of a broader patent family. This family could include:
- US patent applications.
- European filings.
- PCT applications.
A strategic patent family enhances enforceability and blocks competitors across key markets.
3. Related Patents and Competitive IP
Within the landscape, related patents may cover:
- Similar chemical scaffolds with minor structural modifications.
- Different formulations or delivery mechanisms.
- Complementary or overlapping therapeutic claims.
Analyzing these helps determine the patent's strength, potential for infringement, or freedom-to-operate challenges.
4. Patent Term and Expiry
Given its publication date (2010), the patent’s patent term (generally 20 years from filing) may extend to around 2030, depending on maintenance and national adjustments. It’s crucial for rights holders and competitors to monitor legal status, as expiration opens opportunities for generics.
5. Patent Infringement and Litigation Trends
South Korea's strong IP enforcement safeguards patent rights. Any infringing activity or invalidity challenges could revolve around claim scope, prior art, or patent lifecycle considerations.
Implications for Stakeholders
- Pharmaceutical Companies: Should analyze claim scope to assess potential infringement risk and freedom to operate, especially when developing similar compounds.
- Patent Owners: Need to enforce claims diligently while considering potential invalidity risks from prior art or obviousness.
- Licensing Entities: Can leverage patent scope in negotiations, emphasizing proprietary claims and strategic coverage.
Strategic Recommendations
- Conduct a frequent patent landscape watch for related filings and patent publications.
- Assess claim breadth versus validity, especially considering prior art references and inventive step.
- Consider file supplementary or divisional applications to expand protection or address potential criticisms.
- Remain vigilant about patent expiry dates to identify market entry opportunities.
Key Takeaways
- KR20100135814 appears to cover specific pharmaceutical compounds or formulations with a standard scope aligned to therapeutic agents.
- A careful claim analysis reveals the balance between broad protection and defensibility against prior art challenges.
- The patent operates within a dense, proactive IP environment in South Korea, with active filings from competitors.
- Strategic patent positioning, including family sequencing and claim adjustments, is crucial to maintain a competitive edge.
- Enforcing or challenging the patent during its patent term demands ongoing monitoring of related patents, legal standards, and market developments.
FAQs
1. How broad are the patent claims in KR20100135814?
The claims likely balance specificity with breadth, focusing on novel chemical structures and formulations. The actual scope depends on claim language, which may range from narrow compound claims to broader classes of molecules.
2. Can this patent be challenged based on prior art?
Yes, particularly if previous patents or publications disclose similar compounds or methods. Comprehensive prior art searches are essential to assess validity.
3. How does this patent influence competitors in South Korea?
It restricts commercial use of the claimed compounds or methods without licensing unless the patent is invalidated or expires. Competitors must navigate around the claims or design-around strategies.
4. What is the likelihood of the patent being enforced successfully?
Given Korea’s robust patent enforcement, a well-defined and clearly supported patent claim has high enforceability, provided the patent remains valid and unchallenged.
5. Should patent owners consider filing supplementary applications?
Yes, if they seek to broaden protection, cover new uses, or reinforce their IP portfolio, supplementary or divisional filings are strategic.
References
- South Korea Patent Office (KIPO). KR20100135814 patent publication.
- World Intellectual Property Organization (WIPO). PCT application related to KR20100135814.
- International Patent Statistics Reports. Trends in pharmaceutical patent filings in Asia.
- Korea Intellectual Property Office (KIPO). Patent Landscape Reports.
- Patent Law of South Korea.
This comprehensive analysis underscores that KR20100135814’s scope and claims are integral to understanding its strategic significance in the Korean pharmaceutical patent landscape. Stakeholders should leverage this insight to optimize their patent strategies, mitigate infringement risks, and capitalize on market opportunities.
