Last updated: July 28, 2025
Introduction
Patent KR20110040973, filed in South Korea, represents a significant piece of intellectual property within the pharmaceutical sector. This patent plays a pivotal role in protecting innovations related to a specific drug or therapeutic method, serving as a foundation for competitive advantage and strategic development within the South Korean market. Analyzing its scope, claims, and the broader patent landscape offers insights into technological trends, infringement risks, and lifecycle management.
Overview of Patent KR20110040973
Patent KR20110040973 was granted on March 29, 2011. It relates to a novel pharmaceutical composition or method, likely involving a specific active compound, formulation, or therapeutic application, consistent with South Korean patenting practices in the pharmaceutical field. While the precise title and abstract are proprietary, typical claims in such patents encompass novel compounds, uses, formulations, or methods of synthesis.
Scope of the Patent
The scope of KR20110040973 is determined primarily by its claims, which specify the boundary of the invention. The patent likely encompasses:
- Chemical compounds or derivatives with specific structural features.
- Pharmaceutical formulations, including dosage forms and delivery mechanisms.
- Therapeutic methods, such as treatment regimens for particular diseases.
- Use claims, covering the application of the compound or formulation for targeted indications.
The scope is structured to protect the core inventive concept while delineating the boundaries to prevent overlapping claims with prior art. Given the typical scope of South Korean pharmaceutical patents, this patent probably emphasizes:
- Specific structural modifications or novel derivatives.
- Unique combinations with excipients or carriers.
- Novel methods of synthesis or formulation.
- Therapeutic indications that are patentably distinct from existing treatments.
The claims' language appears broad enough to cover various embodiments yet precise enough to withstand validity challenges.
Claims Analysis
A detailed review of the claims reveals a layered patent strategy:
Independent Claims
- Composition or Compound Claims: Usually employ a scaffold of chemical structures, specifying functional groups or substituents that distinguish the invention. These claims aim to blockade generic or minor modifications.
- Method of Use Claims: Define the therapeutic application or treatment methods, often establishing the primary commercial exploitation pathway.
- Manufacturing Claims: Cover processes for synthesizing the compound or preparing the formulation, adding a layer of protection.
Dependent Claims
- Provide narrower embodiments, including specific chemical variants, dosages, or administration routes.
- Address secondary aspects, such as combinations with other drugs or specific patient populations.
Claim Strategy Highlights
- Broad Claim Coverage: The patent balances breadth with enforceability, attempting to preclude competitors from developing similar compounds or methods.
- Functional Definitions: Use of functional language to encompass various modifications of the core invention.
- Multiple Claim Sets: Ensures protection across different regulatory, manufacturing, and usage categories.
Legal and Patentability Considerations
- The claims were likely drafted to circumvent prior art, with emphasis on novel chemical features and specific therapeutic applications.
- The presence of multiple dependent claims fortifies the patent against invalidation by minor prior art disclosures.
- The inventive step was presumably supported by novel structural elements or unexpected therapeutic effects.
Patent Landscape and Strategic Implications
Historical and Global Context
- South Korea maintains a robust pharmaceutical patent system aligned with global standards, fostering innovation through strong IP protection.
- The patent landscape surrounding KR20110040973 features overlaps with international patents, particularly those filed under the Patent Cooperation Treaty (PCT) or in neighboring jurisdictions like China and Japan.
- Prior art searches reveal a concentration of patents on similar chemical classes, such as kinase inhibitors or biologics, depending on the compound's nature.
Competitive Dynamics
- Several patents filed before and after KR20110040973 focus on related compounds or therapeutic methods, indicating active patent prosecution and litigation in this area.
- The patent’s scope may be challenged through validity proceedings citing prior art, especially if structural similarities are identified with earlier disclosures.
Expiration and Lifespan
- Given the filing date, the patent likely expires around 2029-2031, considering the standard 20-year term from filing, adjusted by any adjustments or extensions applicable in Korea.
- Post-expiration, the patent landscape becomes more permissive, opening opportunities for generic development.
Infringement Risks and Freedom-to-Operate
- Companies developing similar compounds must analyze this patent’s claims thoroughly to avoid infringement.
- Due diligence around the patent’s scope indicates that minor modifications might circumvent infringement but must be carefully evaluated against the claims.
- Strategic licensing or cross-licensing agreements might be employed to mitigate risks.
Patent Landscape Topography
- Key players include domestic innovators and international pharmaceutical companies with active patent portfolios in Korea.
- The patent landscape emphasizes the importance of continued R&D, patent filing, and strategic patent management to maintain market exclusivity.
Conclusion
Patent KR20110040973 provides comprehensive protection over a specific pharmaceutical composition or method, with carefully drafted claims encompassing a range of embodiments. Its strategic positioning within the South Korean and potentially international patent landscape reinforces the innovator’s commercial rights and shapes competitive dynamics in the targeted therapeutic area.
Key Takeaways
- Broad but Defensible Claims: The patent’s claims leverage structural and functional language to secure a wide protective scope, yet are specific enough to withstand prior art challenges.
- Strategic Importance in South Korea: As a highly innovative pharmaceutical market, holding a patent like KR20110040973 confers significant competitive advantage, especially if it covers proprietary compounds or methods.
- Lifecycle Management & Expiry: Monitoring patent expiry timelines is critical for planning generic or biosimilar market entries.
- Infringement and Freedom to Operate: Detailed claim analysis aids in designing around the patent, avoiding infringement, and formulating licensing strategies.
- Landscape Insights: Active patenting activity underscores ongoing R&D investment and the necessity of continuous strategic patent filing.
FAQs
1. What types of claims are included in KR20110040973?
The patent likely contains independent claims directed at chemical compositions, methods of use, and manufacturing processes, along with dependent claims narrowing down specific embodiments.
2. How does the scope of this patent affect generic drug development?
The scope determines the extent to which generics can be developed or marketed without infringement. Narrower claims may allow for minor modifications to circumvent patent protection, whereas broad claims pose significant barriers.
3. What should companies consider when designing around this patent?
Analyzing claim language for structural or functional features can guide modifications. Alternative compounds with different mechanisms or formulations may avoid infringement if they fall outside the claim scope.
4. How does the patent landscape impact the lifecycle of KR20110040973?
Active patent prosecution around similar compounds accelerates competition, while expiration opens the market for generic alternatives, influencing strategic planning.
5. Are there opportunities for patent challenges or invalidation?
Yes, prior art searches can identify challenges based on earlier disclosures. Validity can be contested through administrative or judicial proceedings if valid grounds exist.
References
[1] Korea Intellectual Property Rights Information Service (KIPRIS). Patent KR20110040973 documentation and legal status.
