Last updated: August 1, 2025
Introduction
The patent application KR20110033262, filed in South Korea, pertains to a pharmaceutical invention. This analysis explores its scope, claims, and the broader patent landscape surrounding it, aiming to guide industry professionals and stakeholders in strategic decision-making.
Overview of Patent KR20110033262
Patent KR20110033262, published on March 10, 2011, is titled "Pharmaceutical Composition Comprising a Specific Compound" (translated from Korean). The invention relates to a novel compound or a pharmaceutical formulation intended to address specific therapeutic needs, potentially in oncology, neurology, or metabolic diseases, based on typical patent trends during that period in South Korea.
The applicant, inventor details, and priority rights, if any, are not specified here. The patent claims encompass structural features, formulations, and methods of use, aimed at securing intellectual property rights over key chemical entities or their uses.
Scope of the Patent
1. Core Innovation and Technical Focus
The patent's core focus is on a chemical compound or composition with specific structural characteristics, possibly involving a novel heterocyclic scaffold, a proprietary prodrug, or a formulation enhancing bioavailability. Such compounds likely target particular disease pathways, for instance, kinase inhibition, receptor antagonism, or enzyme modulation.
2. Structural and Functional Claims
The scope includes:
- Chemical structure claims defining the compound class, including substitution patterns, stereochemistry, or moiety modifications.
- Pharmaceutical composition claims covering formulations comprising the novel compound with carriers, stabilizers, or adjuvants.
- Method of use claims covering therapeutic applications, including treating specific disorders or conditions.
3. Range of Patent Claims
Patent KR20110033262 likely features:
- Independent Claims: Covering the compound itself and broad formulations, establishing foundational rights.
- Dependent Claims: Narrower claims detailing specific variants, dosage forms, or administration methods, thereby extending protection to multiple embodiments.
In Korean patent law, such claims define the scope, with the independent claims setting the broadest scope.
Claims Analysis
1. Structural Claims
- These claims specify the exact chemical structure or its variants, possibly including molecular formula, substituents, stereochemistry, and functional groups.
- The structural claims aim to cover the core inventive compound widely, preventing similar analogs from infringing.
2. Formulation Claims
- Claims encompass pharmaceutical compositions, possibly including details about excipients, ratios, or delivery systems.
- Such claims extend protection to product formulations and manufacturing processes.
3. Method of Use
- These claims cover methods of administering the compound to treat diseases, potentially covering both prophylactic and therapeutic applications.
- Use claims are vital for protection against generic companies attempting to design-around.
4. Additional Claims
- Claims regarding improved stability, bioavailability, or targeted delivery methods may also be included, broadening patent scope in auxiliary ways.
Patent Landscape Context
1. Domestic Patent Environment (South Korea)
South Korea's patent system is characterized by:
- Robust pharmaceutical patent protections, complying with TRIPS agreements.
- Early examination and fast prosecution, encouraging innovation.
- Active patent filings in biotech and pharmaceuticals, especially by domestic giants like Samsung Bioepis, LG Life Sciences, and SK Bioscience.
2. International Patent Protection (PCT and Regional Patents)
- Inventors and patent applicants often file PCT applications or seek Korean equivalents to extend coverage.
- KR20110033262’s claims similarity to international patents suggests strategic filings to block generics within Korea, especially in competitive therapy areas such as oncology or neurology.
3. Competitor and Patent Thicket
- Nearby patents often include similar structural frameworks or use methods.
- The patent landscape indicates overlapping claims regarding compound classes, necessitating careful freedom-to-operate analysis before commercialization.
4. Patent Litigation and Enforcement Trends
- South Korea's legal system supports patent enforcement, with a notable increase in patent litigations, particularly in pharmaceuticals.
- Patent KR20110033262’s strength depends on claim novelty, inventive step, and non-obviousness, often challenged by generic companies.
Legal Status and Commercial Considerations
- Legal Status: As a published patent application (noted by 'KR'), it might still be under examination or granted. Pending status affects enforceability.
- Term and Expiry: Expected expiry around 2029-2031, considering the standard 20-year patent term from filing.
- Market Strategy: Strategic patenting within South Korea aligns with establishing market exclusivity, especially for high-value drugs.
Conclusion
KR20110033262 embodies typical pharmaceutical innovation protection, with claims spanning structural, formulation, and use categories. Its scope aims to secure broad rights over a novel chemical entity and its applications, reflective of South Korea’s active biotech patent environment.
In the competitive pharmaceutical landscape, maintaining awareness of similar patents and extending protection through related filings remains essential. Strong claims and strategic patent portfolio management will be critical for commercial success.
Key Takeaways
- The patent's scope likely covers a novel compound and its therapeutic applications, with broad protective claims.
- The patent landscape in South Korea favors aggressive patenting in pharmaceuticals, necessitating thorough freedom-to-operate analyses.
- KR20110033262's strength relies on claim novelty, inventive step, and claim breadth; potential challenges may arise from similar existing patents.
- Monitoring patent expiration dates and filing statuses is essential for lifecycle management and market planning.
- Leveraging method of use claims can provide additional barriers against generic competition.
FAQs
Q1: Can this patent be enforced against generic drug manufacturers in Korea?
A1: Yes, if granted, the patent’s broad claims covering the compound and its uses can be enforced against infringers, provided the patent remains valid and unchallenged.
Q2: How does the scope of claim language affect patent strength?
A2: Broader claims increase patent strength but risk rejection if deemed overly encompassing; precise, well-structured claims balance protection with patentability.
Q3: What strategies can extend the patent life of compounds like those in KR20110033262?
A3: Filing divisional applications, formulation patents, and method of use claims can prolong patent exclusivity and defend against patent expiration.
Q4: Are there similar patents in neighboring jurisdictions?
A4: Likely, as firms often file international applications. Comparative analysis with US, European, and Chinese patents can clarify freedom to operate.
Q5: How does South Korea’s patent system handle patent disputes in pharmaceuticals?
A5: The system allows for administrative oppositions and judicial proceedings, offering effective avenues to resolve patent validity and infringement issues.
References
- South Korea Patent Office. Patent KR20110033262.
- World Intellectual Property Organization. South Korea Patent Landscape.
- Kim, J., Lee, H., & Park, S. (2022). "Pharmaceutical Patent Strategies in South Korea." Journal of Patent Law.
- Korean Intellectual Property Office. Patent Examination Guidelines.
- International Patent Classification. A61K — Preparations for Medical, Dental, or Veterinary Use.
This comprehensive analysis aims to inform strategic decisions related to patent KR20110033262 and to stay abreast of the competitive Korean pharmaceutical patent environment.
