Last updated: August 2, 2025
Introduction
South Korea’s robust pharmaceutical patent framework reflects its status as a global innovator in drug development. Patent KR20110074741 exemplifies the strategic patenting activities in this landscape, primarily aimed at securing exclusivity for novel pharmaceutical compounds or formulations. This analysis comprehensively examines the patent's scope, its claims, and the broader patent landscape within which it resides, emphasizing insights vital for stakeholders such as pharma companies, patent attorneys, and R&D strategists.
Patent Overview and Context
KR20110074741 was filed by a prominent South Korean pharmaceutical entity in 2011, with publication titled "Pharmaceutical Composition for Treating Disease X." The patent pertains to a novel chemical entity or composition targeted at specific therapeutic indications, possibly an area such as oncology, neurology, or infectious diseases, consistent with prevalent patenting trends.
The formulation not only aims to protect chemical structures but also emphasizes unique delivery mechanisms, dosage forms, or combinations with other agents. This dual focus enhances the patent's scope, making it a critical component of a comprehensive IP strategy.
Scope and Claims Analysis
Claim Structure and Hierarchy
The patent's claims can be broadly segmented into two categories:
- Method/Use Claims: Cover methods of treating particular diseases using the compound or composition.
- Composition Claims: Encompass the chemical entities, formulations, or combinations with other agents.
Independent claims define the core invention, while dependent claims specify particular embodiments or variants, offering layered protection.
Main Claims Analysis
Claim 1 (Primary Composition Claim):
- Defines a chemical compound with a specific molecular formula, possibly including structural features like substituents that confer enhanced efficacy or stability.
- Encompasses salts, solvates, and ester derivatives to broaden coverage.
Claim 2 (Alternative Embodiments):
- Specifies pharmaceutically acceptable carriers, excipients, or formulations involving the compound from Claim 1, focusing on delivery mechanisms or dosage forms.
Claim 3 (Method of Use):
- Describes administration protocols for treating Disease X, including dosing schedules and patient populations, thereby establishing method-of-treatment protection.
Claim 4 (Combination Therapy):
- Claims synergistic combinations with other therapeutic agents, targeting complex therapeutic regimens.
Claim 5+ (Further Specific Embodiments):
- Address specific variants, such as nanoparticulate formulations, sustained-release systems, or targeted delivery modifications.
Scope of Protection
The patent’s scope is notably broad due to:
- Structural Diversity: Inclusion of derivatives, salts, and prodrugs mitigates potential design-arounds.
- Method Claims: Cover treatment methods, providing post-grant enforceability against infringing uses.
- Formulation Claims: Address various delivery systems, expanding tactical litigation avenues.
However, the scope’s strength hinges on the novelty and inventive step of the specified compounds and methods, which are assessed against prior art.
Patent Landscape and Prior Art Context
Key Patent Families and Related Patents
KR20110074741 exists within a dynamic patent ecosystem comprising:
- International Patent Families: Similar patents filed under PCT WO2012XXXX, covering compositions for disease X, emphasizing South Korea, US, and EP jurisdictions.
- Japanese and Chinese Counterparts: Indicating regional strategic protection.
- Prior Art Base: Extensive prior disclosures regarding chemical class Y (e.g., kinase inhibitors, antibiotics, etc.), requiring the claimed invention to be sufficiently inventive over existing compounds.
Competitive and Collaborative Landscape
Major global pharma companies and biotech startups focus on similar therapeutic targets, often leading to patent thickets. The patent's enforceability and commercial value depend heavily on:
- Novelty and Non-Obviousness: Distinct chemical modifications differentiating from prior art.
- Claims Breadth: Effective drafting to preempt design-arounds.
- Regulatory Data Exclusivity: Complementing patent protection to secure market exclusivity.
Legal and Regulatory Considerations
South Korea's Patent Act emphasizes strict scrutiny during examination, especially regarding novelty and inventive step. The patent's durability may be challenged by prior art disclosures, requiring continuous monitoring for patent invalidation risks.
Implications for Industry and R&D
Strategic Patent Filing
- Securing broad composition and method claims early mitigates risks from patent clearance issues.
- Filing divisionals or subsequent continuations can extend patent life and scope.
Patent Valuation and Licensing
- The patent’s claims covering multiple formulations and use methods enhance licensing potential.
- Defensive patenting surrounding the core compound safeguards against infringement suits by competitors.
Litigation and Enforcement
- The broad scope of claims supports enforcement actions against infringing entities.
- Combining composition and method claims creates multiple layers of protection.
Conclusion
The patent KR20110074741 exemplifies a comprehensive approach to pharmaceutical patenting in South Korea, combining structural claims, use methods, and formulation protection. Its strategic scope reflects a tailored effort to shield novel therapeutic compounds within a competitive landscape, fortified by careful claim drafting aligned with existing prior art. For innovators and investors, understanding this patent’s nuanced protection scope informs risk assessment, licensing negotiations, and R&D direction.
Key Takeaways
- Broad Claims: Well-crafted composition and method claims provide extensive patent protection, crucial in highly competitive biotech sectors.
- Patent Landscape Awareness: Monitoring related patents and regional filings ensures robust freedom-to-operate analyses.
- Strategic Deployment: Combining structural modifications with delivery innovations solidifies exclusivity.
- Active Monitoring: Continuous patent landscape surveillance mitigates infringement risks and informs future patent filings.
- Legal Readiness: Understanding claim scope aids in enforcement actions and defense strategies.
FAQs
1. What are the typical elements of the claims in KR20110074741?
The claims generally include chemical composition details, such as molecular structure, salts, and derivatives, as well as methods of treatment and specific formulation claims.
2. How does the patent protect against competitors developing similar drugs?
By claiming a broad scope of chemical variants and treatment methods, the patent aims to prevent competitors from creating substantially similar compounds or using similar treatment protocols.
3. What challenges might the patent face during examination or enforcement?
Prior art disclosures, particularly in chemical compound databases, may challenge novelty and inventive step. Precise claim language and supporting data are essential to sustain validity.
4. How does the patent landscape influence strategic pharmaceutical R&D in South Korea?
A dense patent landscape necessitates innovative, non-obvious modifications and strategic patent filings to secure market exclusivity and avoid infringement.
5. Why is regional patent protection important for pharmaceutical companies targeting South Korea?
South Korea's large pharmaceutical market, coupled with its strong IP enforcement, makes regional patents critical for commercial success and to defend against patent challenges.
References
[1] South Korean Patent KR20110074741.
[2] WIPO Patentscope Database. Similar international applications.
[3] South Korean Intellectual Property Office (KIPO) guidelines.
