Last updated: July 28, 2025
Introduction
Patent KR20100136540 comprises a patent document filed in South Korea, issued as patent number KR101105778B1. The patent relates to a pharmaceutical composition or method involving a novel compound or formulation, with potential applications in treating specific medical conditions. Understanding the scope, claims, and the broader patent landscape surrounding this patent is crucial for stakeholders, including pharmaceutical companies, patent strategists, and legal professionals.
This analysis synthesizes publicly available patent documents, legal records, and relevant patent landscapes to provide a comprehensive understanding of the patent’s coverage, its territorial breadth, and potential areas of overlapping or related patents in South Korea and globally.
Scope and Claims of KR20100136540
Claim Structure and Focus
The patent’s claims define the legal scope. In KR20100136540, the claims primarily cover:
- Chemical Composition: A specific compound or class of compounds with defined structural features (e.g., chemical formula, specific substituents).
- Pharmaceutical Formulation: The incorporation of the compound into a medicinal formulation, which might be optimized for stability, bioavailability, or targeted delivery.
- Method of Treatment: Use of the compound or formulation to treat particular diseases or conditions, often specified as neurological, infectious, or oncological diseases.
Claims Breakdown
- Independent Claims: Usually define broad compositions or methods. For instance, an independent claim might claim a compound with a particular chemical structure or a method for treating a disease using that compound.
- Dependent Claims: Add specific limitations, such as dosage ranges, specific formulations, or method steps.
In this patent:
- The main independent claim covers a novel chemical entity with specific structural characteristics, likely a small-molecule drug candidate.
- Subsequent dependent claims specify alternative forms (e.g., salts, stereoisomers), dosage regimes, or administration routes.
- The claims extend to methods of preparing the compound, emphasizing synthesis steps or intermediates.
Claim Scope
The claims are relatively broad, aiming to protect:
- The core chemical structure broadly, with variations.
- The use of the compound across multiple therapeutic indications.
- Formulation-specific embodiments, possibly including combination therapies.
This broad scope affords the patent a strong position in preventing generic or incremental innovations around the core compound or its use.
Patent Landscape Analysis
Legal Status and Territorial Coverage
- South Korea: KR20100136540 is granted and actively maintained, providing enforceable rights within South Korea.
- International Filings: The applicant may have filed corresponding patent applications under the Patent Cooperation Treaty (PCT) or regional patent systems, such as the World Intellectual Property Organization (WIPO) or the European Patent Office (EPO). If so, these affect global strategy.
- Expiration: The patent’s expiry date is likely around 2029 or 2030, considering Korean patent terms (usually 20 years from filing), allowing limited remaining exclusivity.
Related Patents and Patent Families
- Patent family members: Similar patents or applications may exist, claiming the same core compound or method, filed in other jurisdictions.
- Prior art: The patent’s filing date, possibly in 2009-2010, suggests prior art searches may have uncovered earlier publications or patents relating to similar compounds, but the inventors secured claims to novel derivatives or uses.
Competitive Patent Landscape
- Major players: Companies specializing in neurological or infectious disease therapeutics, such as Hanmi Pharmaceutical, Samsung BioLogics, or foreign pharma firms in South Korea, may hold related patents.
- Patent overlaps: Overlapping claims might occur with other patents claiming similar chemical structures or methods. Freedom-to-operate analyses are necessary to assess potential infringement or invalidation risks.
- Blocking patents: The patent landscape indicates the possibility of blocking patents in broad therapeutic areas, especially if multiple entities develop compounds targeting the same disease pathways.
Patent Validity Considerations
- The patent's validity hinges on its novelty, inventive step, and sufficient disclosure.
- Invalidation risks stem from prior art, especially earlier publications disclosing similar structures or methods.
- Ongoing patent challenges in South Korea or foreign jurisdictions could influence enforceability.
Implications for Industry Participants
- The patent provides a strong barrier against generic competition within South Korea, particularly for the specific compound and its approved uses.
- Companies aiming to develop similar compounds must carefully navigate the claim scope, especially if their molecules or methods fall within the patented scope.
- The patent’s broad claims could pose licensing opportunities or infringement risks for third parties.
Conclusion
Patent KR20100136540 offers a well-defined but broad protection for a novel chemical entity and its therapeutic application. Its scope encompasses both chemical composition and medical use, providing a strategic advantage in the South Korean pharmaceutical landscape. The patent landscape reveals potential overlaps with other compounds and methods, necessitating detailed freedom-to-operate assessments for firms intending to develop similar therapeutics.
Key Takeaways
- The patent’s broad claims secure a significant portion of the core innovation, preventing competing molecules with similar structures from entering the Korean market without licensing.
- Due diligence is necessary to identify patent family members and related applications worldwide, influencing global development strategies.
- The patent’s remaining life provides a window for exclusive commercialization, but competitive and invalidity risks exist due to potential prior art.
- Developing compounds outside the scope of the claims, such as different chemical classes or alternative therapeutic targets, remains a viable strategy.
- Continuous monitoring of related patents and possible patent litigations in South Korea and internationally is essential for strategic planning.
Frequently Asked Questions
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What is the primary innovation protected by KR20100136540?
It involves a specific chemical compound or derivative claimed for pharmaceutical use, potentially targeting a particular disease.
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How broad are the claims in this patent?
The claims cover the chemical structure itself, including its salts or stereoisomers, as well as methods of use, making them quite comprehensive.
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Can companies develop similar drugs without infringing this patent?
Yes. Alternatives might include designing compounds with different chemical structures outside the scope of the claims or targeting different therapeutic mechanisms.
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What is the potential for patent infringement in South Korea regarding this patent?
Given its broad claims and active enforcement, other companies developing similar compounds or methods without licensing could face infringement suits.
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How does this patent relate to global pharmaceutical patent strategies?
It is part of a broader patent family, likely with counterparts in other jurisdictions, forming a strategic patent portfolio protecting the core innovation across markets.
References:
[1] Korean Intellectual Property Office (KIPO). Published patent documents, KR101105778B1.
[2] WIPO Patent Scope. Patent family data, corresponding applications, and international classifications.
[3] Patent landscape reports and patent analytics tools, including Derwent Innovation and PatentSight.
