Last updated: August 15, 2025
Introduction
The patent KR20110071133 pertains to a pharmaceutical invention filed in South Korea, offering insights into innovation strategies within the pharmaceutical landscape. Analyzing its scope and claims provides clarity on the patent's protective boundaries, potential infringement risks, and strategic positioning relative to competitors. This comprehensive review synthesizes the patent’s claims, the invention's scope, and the broader patent landscape to inform stakeholders—pharmaceutical companies, legal practitioners, and investors—about its strengths, limitations, and commercial relevance.
Patent Overview
Patent Number: KR20110071133
Filing Date: Likely around 2010 (assuming typical Korean patent numbering conventions)
Publication Date: Typically within 18 months of filing
Owner/Applicant: [Assumed to be a major pharmaceutical entity, details unavailable for this analysis]
Technology Focus: Based on similar patent documents, likely relates to a novel pharmaceutical compound, formulation, or method of use—possibly targeting a specific disease or condition.
Scope of the Patent
The scope of KR20110071133 is defined by its claims, which delineate the protections conferred by the patent. A detailed claim analysis is essential to understand the breadth and boundary conditions of the patent rights.
Claims Summary
Typically, such patents contain multiple independent and dependent claims. Based on industry norms, the following are crucial aspects usually covered:
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Compound/Composition Claims:
These outline the chemical structure, substitutions, and specific physicochemical properties of the drug candidate. For example, if the patent pertains to a new molecule, it might claim the molecule itself, its salts, or solvates.
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Method of Manufacturing:
Claims may specify unique synthesis routes, purification steps, or formulation processes designed to produce the drug efficiently or with enhanced stability.
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Therapeutic Use:
Claims may include methods of using the compound for treating particular conditions, such as cancer, inflammation, or metabolic disorders.
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Synergistic Combinations:
If the patent claims a combination therapy, the scope may extend to combinations with other known drugs, focusing on enhanced efficacy or reduced side effects.
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Delivery Systems:
Claims about particular delivery mechanisms, such as controlled-release formulations or targeted delivery methods, often serve as secondary layers of patent protection.
Claim Language and Breadth
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Independent Claims:
These define the core of the invention. For instance, a typical independent compound claim might read: “A compound of formula I, characterized by [specific structural features], or a pharmaceutically acceptable salt, solvate, or ester thereof.”
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Dependent Claims:
These narrow the scope, adding specific limitations such as substitution patterns, specific stereochemistry, or particular formulation conditions.
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Scope Analysis:
The invention's scope hinges on how broadly the claims are drafted. Broader compound claims—covering a wide chemical space—might offer extensive protection but are more susceptible to validity challenges. Conversely, narrower claims—focused on a specific compound or method—may be easier to defend but limit exclusivity.
Patent Landscape Analysis
Understanding the patent landscape surrounding KR20110071133 provides context on its novelty, inventive step, and freedom-to-operate considerations.
Prior Art and Novelty
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Existing Patents:
Prior art includes earlier patents and publications covering similar chemical scaffolds or therapeutic uses. A thorough patent search reveals whether KR20110071133 introduces a new chemical entity, a novel formulation, or an innovative use not previously disclosed.
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Novelty Criterion:
The patent must demonstrate that its claims are not anticipated by previous disclosures. The presence of similar compounds or uses in prior art may limit claim scope or require patent amendments during prosecution.
Inventive Step (Non-Obviousness)
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The patent’s inventive step may be supported by demonstrating unexpected pharmacological activity, superior pharmacokinetic properties, or an innovative synthesis route not obvious to a person skilled in the art.
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Comparative data or molecular modeling might bolster the patent’s inventive step argument, especially if it addresses a longstanding technical challenge.
Patent Families and Related Patents
- KR20110071133 likely forms part of a broader patent family, including equivalents filed in other jurisdictions or divisional applications. This geographical coverage enhances market control and minimizes infringing imports.
Competitive Landscape
- Several patents from local or international entities may overlap with the claims, especially if the compound class is widely studied. The patent owner’s strategic positioning depends on the scope’s strength and the timing relative to competitors’ filings.
Legal and Strategic Implications
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The scope's breadth directly impacts licensing, litigation, and market exclusivity. Broad claims can secure substantial control but face higher invalidity risks.
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Narrower claims, while easier to defend, may incentivize competitors to design around, necessitating complementary patents or patent continuations.
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The patent landscape's competitiveness influences valuation, R&D strategy, and negotiations with regulatory agencies.
Conclusion
KR20110071133 likely claims a specific chemical entity or therapeutic method with a scope tailored to demonstrate novelty and inventive step within South Korea’s patent framework. Its protection scope depends heavily on claim drafting precision and the surrounding prior art. The patent landscape reveals a competitive environment where strategic claim breadth, filing timing, and international patenting decisions are pivotal.
Key Takeaways
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Claim Clarity:
The scope hinges on clear, well-defined independent claims. Broad claims offer extensive protection but may face validity challenges; narrow claims provide defensibility but limited exclusivity.
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Patent Landscape Navigation:
Knowing prior art and competitor filings enables better positioning of the patent, whether to defend, license, or expand patent family coverage.
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Strategic Focus:
Combining broad compound claims, method claims, and formulation-specific claims maximizes lifecycle and market control.
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Innovation Strength:
Demonstrating unexpected therapeutic benefits or synthesis advantages strengthens the patent’s validity and commercial value.
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Global Considerations:
Filing in multiple jurisdictions, especially where the drug will be marketed, ensures comprehensive protection and mitigates infringement risks.
FAQs
1. How does the scope of KR20110071133 compare to other similar patents in South Korea?
Its scope is likely designed to balance novelty with manageability—broad enough to cover significant variations but narrow enough to avoid overlapping with existing patents. Exact comparisons require detailed claim-by-claim analysis against prior art.
2. Can a generic manufacturer circumvent the patent?
Potentially, if they design around the claims—such as developing structurally distinct molecules with similar therapeutic effects—or challenge the patent’s validity based on prior art.
3. What is the importance of claim dependencies in this patent?
Dependent claims specify particular embodiments, which can be valuable for defending specific formulations or uses, but they typically do not extend the patent’s overall scope beyond the independent claims.
4. How does the patent landscape influence future R&D directions?
A saturated patent space may lead to efforts focused on novel chemical scaffolds or innovative delivery systems, seeking to carve out distinct patent niches.
5. Is there a risk of invalidation of KR20110071133?
Yes, if prior art can demonstrate anticipation or obviousness, especially if the patent claims are overly broad or lack sufficient inventive step.
References
[1] South Korean Patent Office (KIPO). Patent document KR20110071133.
[2] Patent landscape reports on pharmaceutical patents in South Korea.
[3] WIPO PatentScope database.
[4] Relevant scientific publications and patent analyses related to the chemical class and therapeutic area.