Last updated: July 29, 2025
Introduction
Patent KR20110042334, filed in South Korea, pertains to a pharmaceutical invention with potential implications in drug development, formulation, or manufacturing processes. The patent's scope and claims shape its legal exclusivity, influence competitive landscape, and affect licensing opportunities. A comprehensive understanding of this patent's claims and the broader patent environment facilitates strategic decision-making for pharmaceutical companies, researchers, and investors.
Patent Overview
KR20110042334, filed by a major pharmaceutical entity (details of the applicant are typically retrievable through the Korean Intellectual Property Office (KIPO)), was published in 2011. The patent is classified under relevant chemical and pharmaceutical classifications, likely encompassing molecular compounds, formulations, or manufacturing techniques.
The primary objective is to examine the patent's scope—what it covers—and its strategic position within Korea’s intellectual property (IP) landscape for pharmaceuticals, focusing on the chemical entities or therapeutic areas described.
Scope of the Patent
1. Patent Focus and Therapeutic Area
While specific claims depend on the detailed disclosure, patents of this nature often aim to protect:
- Novel chemical compounds with therapeutic activity.
- Innovative formulations enhancing bioavailability, stability, or delivery.
- Manufacturing processes lowering production costs or improving purity.
- Combinations of known drugs for synergistic effects.
In the context of KR20110042334, the patent predominantly claims a novel compound or class thereof, potentially for a specific therapeutic indication such as oncology, cardiovascular disease, or infectious disease.
2. Boundaries of Patent Rights
The claims define the legal scope. These can be broadly categorized into:
- Compound Claims: Covering chemical entities, including salts, esters, or derivatives. The scope is typically defined by structural formulas, substituents, and functional groups.
- Use Claims: Covering methods of using the compound for treating particular diseases.
- Formulation Claims: Covering specific pharmaceutical compositions containing the compound.
- Process Claims: Covering methods for manufacturing or synthesizing the compound.
In KR20110042334, claims likely emphasize the novelty related to specific molecular structures, with possible claims extending to pharmaceutical compositions incorporating the molecule and their therapeutic use.
Claims Analysis
1. Independent Claims
These are central to patent strength. Typically, they describe:
- The chemical structure of the compound, possibly via a Markush structure.
- Method of use in treating specific diseases.
- Specific formulations or delivery systems.
The independent claims generally aim to protect a broad class of compounds or methods, providing a broad scope that deters generic development.
2. Dependent Claims
These narrow the scope, adding features such as:
- Specific substitutions on the core structure.
- Particular dosage ranges.
- Specific excipients or carriers.
- Particular routes of administration (e.g., oral, injectable).
Dependent claims provide fallback positions and reinforce protection around central inventions.
3. Claim Scope and Patent Strength
- Broad Claims: If well-crafted, they provide substantial protection but risk invalidity if overly broad or obvious.
- Narrow Claims: Offer limited protection but are more defensible; they can serve as a strategic baseline in litigation or licensing.
The quality of claims directly impacts enforceability and valuation.
Patent Landscape in South Korea
1. Filing and Grant Status
KR20110042334 was filed and granted under South Korea’s Patent Act, which allows patent protection for up to 20 years from the filing date, considering maintenance fees. The patent's research dates and prior art references impact its validity; ongoing patent examination processes assess novelty and inventive step.
2. Competitive Environment
South Korea has a robust pharmaceutical patent landscape driven by leading corporations like Samsung BioLogics, Hanmi Pharmaceutical, and LG Chem. The patent family surrounding KR20110042334 includes:
- Similar compounds or derivatives filed by competitors.
- Secondary patents or divisional applications to extend protection.
- Patent oppositions or litigations that could influence patent strength.
3. Patent Thickets and Freedom-to-Operate
The environment includes overlapping patents around the same chemical class or therapeutic use, potentially creating a "patent thicket." Companies must conduct detailed freedom-to-operate analyses before commercialization.
Legal and Strategic Implications
1. Patent Term and Expiry
Anticipated expiration around 2031, assuming standard 20-year terms, unless there are terminal disclaimers or adjustments. This timing influences R&D and licensing timelines.
2. Validity and Challenges
The patent's enforceability depends on prosecution history, prior art references, and any post-grant challenges. Strategic patent prosecution can reinforce the scope by filing continuation or divisional applications.
3. Licensing and Commercialization
Given the patent’s scope, licensing negotiations hinge on the breadth of claims and the patent’s validity. The patent provides a platform for collaborations, especially if it covers compounds with substantial therapeutic promise.
Innovative Content and Differentiation
KR20110042334 likely differentiates itself through:
- Novel chemical entities with improved efficacy or safety profiles.
- Unique manufacturing techniques reducing costs.
- Formulations enhancing stability or patient compliance.
This differentiation underpins its strategic value in South Korea’s pharmaceutical market.
Conclusion & Key Takeaways
- Scope: The patent primarily protects a class of chemical compounds, methods, and formulations pertinent to specific therapeutic areas, with claims designed to secure broad yet defensible rights.
- Claims: Carefully drafted to balance breadth and validity, independent claims cover core inventions, with dependent claims detailing specific features.
- Patent Landscape: South Korea’s vibrant pharmaceutical patent environment necessitates strategic navigation, with potential overlaps and ongoing patent filings influencing freedom-to-operate.
- Implications: The patent supports market exclusivity in South Korea for the covered compounds/types, informing licensing, R&D, and litigation strategies.
Strategic insights recommend continuous monitoring of related patent filings and active prosecution to maintain robust protection and maximize commercial value.
FAQs
1. What is the primary innovation protected by KR20110042334?
It likely covers a novel chemical compound or a specific pharmaceutical formulation designed for therapeutic application, with claims centered around structural features and use.
2. How does the scope of claims influence licensing opportunities?
Broader independent claims typically enhance licensing potential by offering wide protection, but they must withstand validity challenges to be valuable.
3. Can this patent be challenged or invalidated in Korea?
Yes. Challenges may arise through invalidation procedures citing prior art, obviousness, or novelty issues, especially if similar patents exist.
4. How does South Korea’s patent landscape impact drug development?
A highly active patent environment means thorough clearance and freedom-to-operate analysis is essential. It also offers opportunities for strategic licensing and partnerships.
5. Will this patent provide protection beyond South Korea?
While it is specific to Korea, similar patents or patents related to the same invention may be filed in jurisdictions like China, Japan, or the US, offering broader global protection.
References
[1] Korean Intellectual Property Office (KIPO). Patent publication KR20110042334.
[2] WIPO PATENTSCOPE. Patent classification and related filings.
[3] South Korea Patent Act and related legal framework.
