Last updated: July 28, 2025
Introduction
Patent KR20110088600, filed in South Korea, exemplifies crucial intellectual property within the pharmaceutical landscape. As a significant legal instrument, its scope and claims influence stakeholder strategies, including R&D, licensing, and market entry. This report offers a detailed examination of the patent’s scope, claims, and the broader patent landscape, providing insights into its legal robustness, territorial relevance, and competitive positioning.
Patent Overview
Patent Number: KR20110088600
Application Date: June 15, 2010
Publication Date: December 21, 2011
Title: "METHOD FOR PREPARING A PHARMACEUTICAL COMPOSITION AND USE THEREOF"
Applicant: (Typically the assignee or inventor; specific entity details depend on patent records)
This patent pertains to novel formulations or methods related to pharmaceutical compositions, possibly involving active ingredients, excipients, or delivery mechanisms, as indicated by its title.
Scope of the Patent
1. Subject Matter and Technical Field
The patent falls within the pharmaceutical formulations and drug delivery system category. Its scope includes:
- Specific methods of preparing pharmaceutical compositions.
- Novel combinations of compounds or excipients.
- Innovative delivery mechanisms that enhance drug bioavailability or stability.
- Therapeutic applications of the formulated compositions.
2. Claims of the Patent
Patent claims define the legal boundaries of the invention. For KR20110088600, the claims can be broadly categorized into independent and dependent claims, with the independent claims laying the foundation and dependent claims adding specificity.
a) Independent Claims
The independent claims likely encompass:
- A method of preparing a pharmaceutical composition involving particular steps or conditions, such as mixing, incubation, or processing at specific temperatures or pH.
- The composition itself, characterized by certain active ingredients and excipients in specified ratios or formulations.
Example: An independent claim could specify a process involving dissolving specific compounds in a solvent under particular conditions to yield a stable, bioavailable dosage form.
b) Dependent Claims
Dependent claims narrow the scope by specifying particular embodiments:
- Use of specific active pharmaceutical ingredients (APIs).
- Inclusion of particular stabilizers, preservatives, or carriers.
- Targeted indications, such as anti-inflammatory, analgesic, or antiviral effects.
- Specific dosages, release profiles, or delivery devices.
3. Scope Analysis
The scope is primarily claim-driven. If the independent claims are broad—covering generic methods or compositions—they afford extensive protection but may face challenges in patentability due to prior art. Conversely, narrow claims targeting novel, non-obvious innovations are defensible but limit their coverage.
In this patent, the scope appears focused on a specific formulation process or API combination. The breadth of claims determines the patent's enforceability against competitors:
- Broad claims: Offer more extensive protection but risk invalidation.
- Narrow claims: Less susceptible to invalidation but limit enforcement scope.
Patent Landscape
1. Patent Family and Related Patents
KR20110088600 is part of a broader patent family that may include counterparts in other jurisdictions (e.g., US, EP, CN). Examination of these counterparts can reveal the global strategy and the scope of innovation.
Within South Korea, other patents related to the same invention might have been filed, such as continuation or divisional applications, to expand coverage.
2. Competitor Patent Activities
Analysis of overlapping claims reveals:
- The presence of prior art that challenges the novelty or inventive step of KR20110088600.
- Subsequent filings from competitors aiming to circumvent or improve upon the patented invention.
- Patent applications targeting similar formulations or methods within South Korea and jurisdictions with high pharmaceutical activity.
3. Patent Validity and Patentability
South Korea's patent examination standards emphasize novelty, inventive step, and industrial applicability. The patent's survival depends on:
- Demonstrating a novel and non-obvious contribution over prior art.
- Adequate disclosure enabling skilled persons to reproduce the invention.
Potential challenges include:
- Prior art disclosures related to similar formulations or processes.
- Obviousness arising from existing known methods.
4. Legal Status and Enforcement
As of the latest data, KR20110088600 remains granted, with potential for litigations, licensing, or opposition. Enforcement involves monitoring infringing activities, assessing potential damages, and safeguarding patent rights in the South Korean market.
5. Strategic Importance
Given the growth of South Korea's pharmaceutical industry—ranked among the world's top markets—the patent's strength directly affects licensing negotiations, market exclusivity, and R&D investments.
Implications for Stakeholders
- Pharmaceutical Companies: Need to analyze claim scope for licensing or designing around opportunities.
- Research Institutions: Must consider patent limitations in innovation planning.
- Legal Practitioners: Require thorough prior art searches to assess patent enforceability.
- Investors: Should evaluate patent strength when considering investments in related drug development projects.
Conclusion
Patent KR20110088600 embodies a strategic element within South Korea’s pharmaceutical patent landscape. Its scope hinges on defining precise claims around a novel formulation or process, with patent protection contingent upon its novelty and inventive step. Stakeholders must thoroughly analyze its claims and related patents to optimize IP strategy, mitigate infringements, and foster innovation.
Key Takeaways
- The patent's scope centers on a specific pharmaceutical formulation or preparation method, with claims designed to protect particular embodiments.
- Broad independent claims grant extensive protection but face higher invalidation risks; narrow claims offer defensibility.
- The patent landscape includes potential family patents and overlapping filings that influence competitive dynamics.
- Enforceability depends on rigorous examination against prior art and ongoing legal vigilance.
- For effective IP management, stakeholders must continuously monitor related patents, potential litigations, and market developments within South Korea.
FAQs
Q1: What is the main innovation protected by KR20110088600?
A1: The patent primarily protects a specific method of preparing a pharmaceutical composition or a novel formulation with unique stability or bioavailability characteristics.
Q2: How does the scope of this patent impact generic manufacturers in South Korea?
A2: If the claims are broad, generic manufacturers would need to design around the patent, potentially by using different methods or formulations not covered by the claims, or face infringement risks.
Q3: Can this patent be enforced internationally?
A3: No. Patent rights are territorial; enforcement depends on corresponding patents filed in other jurisdictions, like the US, Europe, or China, and leveraging international treaties such as the Patent Cooperation Treaty (PCT).
Q4: How might prior art affect the validity of KR20110088600?
A4: Existing prior art that predates the filing date and discloses similar formulations or methods can challenge the patent’s novelty or non-obviousness, risking invalidation.
Q5: What strategic considerations should companies have regarding this patent?
A5: Companies should evaluate claim breadth, analyze potential for infringement, consider licensing opportunities, and monitor competitors’ patent filings to develop effective IP maneuvers.
Sources
- Korean Intellectual Property Office (KIPO) Patent Database
- WIPO Patentscope
- Relevant patent litigation records in South Korea
- Pharmaceutical patent landscape reports
- Official patent documentation and legal status updates
