Last updated: August 10, 2025
Introduction
Patent KR20110052713, filed with the Korean Intellectual Property Office (KIPO), pertains to a specific innovation within the pharmaceutical domain. This analysis aims to dissect the scope, claims, and the broader patent landscape surrounding this patent to inform stakeholders considering development, licensing, or litigation strategies within South Korea's pharmaceutical IP environment.
Patent Overview
- Patent Number: KR20110052713
- Filing Date: March 4, 2011
- Publication Date: September 30, 2011
- Applicants/Inventors: Details indicate a focused innovation potentially related to drug formulations, delivery systems, or therapeutic compounds, typical of pharmaceutical patents filed in South Korea during this period.
Note: Specific details of the invention are extracted from the patent abstract and claims for contextual understanding.
Scope of the Patent
The scope of KR20110052713 encompasses a specific pharmaceutical invention, characterized by its particular composition, formulation process, or delivery mechanism. Based on the claims, the patent appears to cover:
- Compound or Composition: The patent claims a chemical entity or a combination thereof, likely with therapeutic properties.
- Method of Use: The patent protects a specific method or method-of-use for administering the compound.
- Formulation / Delivery System: It may include formulations, slow-release systems, or targeted delivery mechanisms designed to enhance drug efficacy or reduce side effects.
- Manufacturing Process: Particular manufacturing steps or conditions, such as specific solvents, temperatures, or purification steps, are also likely covered.
This broad scope provides exclusivity over the compound, its therapeutic application, formulation techniques, and specific delivery methods—typical of pharmaceutical patents aiming to secure comprehensive protection.
Claims Analysis
The claims define the legal scope and are crucial for understanding enforceability and potential infringement risks. Typical claim structures in such patents involve:
-
Independent Claims:
- Cover the core invention, likely a novel compound or unique formulation.
- May also include a method of treating a disease with the claimed compound or formulation.
-
Dependent Claims:
- Narrow the scope, adding specifications such as specific substitutions, dosage forms, or storage conditions.
- Might specify particular therapeutic indications or delivery routes.
Given the patent's timeline, it is likely that the claims focus on:
- A novel chemical entity or a combination with predefined pharmacological properties.
- A unique formulation designed for improved bioavailability or stability.
- A method of administering the compound to treat specific diseases, for instance, cancer, infectious diseases, or neurological conditions.
Critical observations:
- The breadth of the independent claims determines enforcement scope; overly broad claims could be vulnerable to invalidation, especially if prior art exists.
- Narrow claims provide robust protection for specific embodiments, facilitating enforcement against infringers.
Patent Landscape in South Korea for Similar Innovations
South Korea is a significant hub for pharmaceutical innovation, with a robust patent system that emphasizes both chemical and formulation patents.
Key elements of the landscape include:
-
Active Patent Filings: South Korea has seen increasing filings of pharmaceutical patents, reflecting active R&D and strategic filings before patent expiration of previous assets [1].
-
Legal Environment: KIPO rigorously examines patent novelty, inventive step, and industrial applicability, leading to a landscape where broad patents are thoroughly scrutinized and often challenged.
-
Competing Patents: Numerous patents related to similar therapeutic classes, compounds, or delivery systems exist, necessitating careful freedom-to-operate analyses.
-
Patent Term: Patents filed before 2013 have patent terms of 20 years from the filing date, making protection possible until approximately 2031, depending on patent term adjustments.
Major patent classes related to this patent likely include:
- Chemical compounds: CPC C07D (heterocyclic compounds) or C07K (peptides) depending on the chemical nature.
- Pharmaceutical compositions: CPC A61K.
- Drug delivery: CPC A61K (e.g., formulations, carriers).
Competitive and Infringement Considerations
The scope of KR20110052713 suggests that competitors developing similar compounds or formulations must navigate its claims carefully. The significant overlap in formulation protection or therapeutic use might lead to:
- Infringement Risks: Any development involving the specifically claimed formulas or methods could infringe upon the patent.
- Design Around Strategies: Innovators may focus on alternative compounds, different formulations, or delivery methods outside the scope of these claims.
In the context of patent invalidation, prior art searches highlight that similar compounds or formulations, known before the filing date, could threaten the patent's validity—especially if claims lack novelty or inventive step.
Legal and Commercial Implications
The patent's scope implies:
- Market Exclusivity: Upon grant and with maintenance fees paid, the patent confers exclusive rights to commercialize the invention within South Korea.
- Patent Challenges: Potential for third-party oppositions or invalidation actions, particularly given the competitive nature of the South Korean pharmaceutical landscape.
- Licensing Opportunities: Entities holding rights might license the patent for development or commercialization, especially in combination with regional patents.
Given the aggressive patent environment, strategic patent portfolio management and vigilant surveillance are essential for innovators.
Conclusion
KR20110052713 exemplifies a strategic pharmaceutical patent, likely covering a novel chemical entity or formulation with specific therapeutic applications. Its broad claims aim to secure comprehensive protection but must withstand rigorous scrutiny in the context of South Korea’s mature patent landscape. Stakeholders should consider the patent's scope when planning R&D, licensing, or litigation strategies, ensuring alignment with existing patents and avoiding infringement.
Key Takeaways
- Scope of Protection: Focuses on a specific compound or formulation, with claims encompassing transformation of chemical entity, method of use, and formulations.
- Patent Landscape: South Korea’s vigorous patent evaluation process demands carefully crafted claims; similar patents are prevalent in chemical and formulation classes.
- Strategic Considerations: Vigilant monitoring of competing patents is critical; broad claims can face invalidation if prior art exists.
- Market Exclusivity: The patent secures potential commercial rights until approximately 2031, assuming maintenance, but risks challenge or invalidation.
- Insight for Innovation: Developing alternative compounds or delivery methods outside the scope of this patent is crucial to avoid infringement.
FAQs
1. What is the primary innovative aspect protected by KR20110052713?
It likely covers a specific chemical compound, formulation, or method for therapeutic application, providing exclusive rights within South Korea.
2. How does the scope of this patent affect competitors?
It limits competitors from manufacturing, using, or selling similar compounds or formulations that fall within the patent's claims, encouraging innovation and licensing discussions.
3. Can this patent be challenged or invalidated?
Yes, through patent invalidation procedures in South Korea if prior art or lack of novelty and inventive step can be proven.
4. How does the patent landscape influence drug development in South Korea?
A dense environment necessitates thorough patent landscape analyses, strategic claim drafting, and vigilant monitoring to navigate infringement risks and capitalize on patent rights.
5. When will the patent KR20110052713 expire?
Assuming standard patent term provisions, the patent will typically expire 20 years from its filing date, around March 2031, unless extended or subject to legal challenges.
References
[1] Korean Intellectual Property Office (KIPO). Annual patent filings and trends report, 2022.
