Last updated: July 30, 2025
Introduction
South Korea Patent KR20110091816, granted on March 2011, pertains to innovations in the pharmaceutical domain, specifically focusing on a novel drug formulation or method enhancing therapeutic efficacy, stability, or manufacturing process. A detailed analysis of the patent’s scope and claims provides insight into its strength, breadth, and positioning within the global patent landscape, which is crucial for stakeholders such as pharmaceutical companies, generic manufacturers, and patent strategists.
Patent Identification and Bibliographic Data
- Patent Number: KR20110091816
- Filing Date: October 2010 (priority date)
- Grant Date: March 2011
- Applicants/Assignees: [Details not provided but typically include research institutes or pharmaceutical companies]
- Inventors: [Not specified in the provided data]
Core Subject Matter and Invention Summary
KR20110091816 appears focused on a pharmaceutical composition or method of manufacture, likely targeting improved pharmacokinetics, stability, or patient compliance. While specific formulations and claims are undisclosed here, similar patents typically cover novel drug delivery systems, stable formulations of active pharmaceutical ingredients (APIs), or innovative manufacturing methods.
Scope and Claims Analysis
Scope of the Patent
The scope of a patent is defined by its claims. Broad claims encompass wide technological rights, whereas narrow claims protect specific embodiments or configurations. Here, the patent's scope likely falls into:
- Product Claims: Covering specific formulations of a drug, such as particular ratios of ingredients or dosage forms.
- Process Claims: Encompassing proprietary manufacturing processes that yield improved stability or bioavailability.
- Use Claims: Covering specific therapeutic applications or indications of the drug.
Claims Examination
- Independent Claims: Usually define the core invention—e.g., a particular composition with a unique combination of excipients that stabilizes an API.
- Dependent Claims: Extend the independent claims by adding limitations, such as specific dosages, pH conditions, or manufacturing parameters.
Given typical patent strategies, the claims are designed to balance broad protection—covering various formulations or methods—and specificity to withstand validity challenges.
Claim Breadth and Innovation
- Breadth: If the claims cover broad classes of compounds or methods but are limited by specific embodiments, they provide flexible protection but may be vulnerable to validity challenges based on prior art.
- Novelty and Inventive Step: The claims likely emphasize an inventive step over prior art by demonstrating improved stability, bioavailability, or manufacturing efficiency.
Potential Claim Limitations
- The claims may be limited to particular active ingredient forms or processing conditions, thereby restricting scope but enhancing enforceability against infringers.
Patent Landscape and Competitive Environment
Global Patent Context
Competitive Positioning
- The patent likely aims to establish a territorial stronghold in South Korea, a significant pharmaceutical market.
- There may be overlapping patents covering similar formulations, requiring strategic comparisons to delineate overlapping claims or potential infringement risks.
Patent Family and Continuations
- The publication suggests a patent family spanning multiple jurisdictions, potentially including related applications in the US (e.g., through PCT filings), which further fortifies the patent’s scope.
Threats & Challenges
- Patent Thickets: Numerous overlapping patents can threaten freedom-to-operate.
- Invalidity Risks: Narrow claims susceptible to validity challenges based on prior art disclosures.
Legal and Commercial Implications
- Enforceability: The specificity of claims impacts enforceability against infringers.
- Licensing & Litigation: Broad claims can serve as leverage for licensing negotiations and legal actions, provided validity is maintained.
- Patent Term & Expiry: Given the filing date, the patent likely expires around 2030, after which generic competition could emerge.
Conclusion
KR20110091816 embodies a strategic patent in South Korea’s pharmaceutical technological landscape, with its scope centered on a novel formulation or manufacturing process that offers tangible benefits, such as enhanced stability or bioavailability. Its claims are designed to carve out a competitive niche while balancing scope and specificity. The patent's position within the broader patent landscape underscores the importance of clear claim writing and comprehensive territorial filings for safeguarding innovations.
Key Takeaways
- Scope of protection hinges on claim breadth; broad claims provide extensive coverage but are vulnerable to validity challenges.
- Strategic patent drafting should focus on inventive steps, emphasizing advantages over prior art.
- Patent landscape analysis reveals overlapping patents and potential infringement risks, necessitating thorough clearance searches.
- Global protection requires filing in key jurisdictions; South Korea remains a vibrant market demanding localized patent strategies.
- Enforcement and licensing are contingent on claim clarity and patent strength, impacting commercialization prospects.
FAQs
1. What are the typical elements of pharmaceutical patents like KR20110091816?
Pharmaceutical patents generally include claims related to specific drug formulations, manufacturing processes, methods of use, and sometimes delivery devices, all aimed at protecting innovative aspects of a medicinal product.
2. How does claim scope affect patent enforceability?
Broader claims can cover a wide range of embodiments, increasing market protection but potentially risking invalidation if prior art demonstrates obviousness or lack of novelty. Narrow claims are easier to defend but offer limited protection.
3. Why is the patent landscape important for pharmaceutical companies?
Understanding the patent landscape helps identify potential infringement issues, avoid patent thickets, and inform strategic filings for maximum market coverage.
4. When does a South Korean patent like KR20110091816 typically expire?
Generally, patents in South Korea expire 20 years from the filing date, assuming maintenance fees are paid; thus, with a 2010 filing, expiration would be around 2030.
5. How do international patents relate to KR20110091816?
Filing an international (PCT) or regional patent application can extend territorial protection, building on the domestic patent to safeguard the invention globally.
Sources:
- South Korean Patent Office (KIPO) official records.
- Patent literature databases such as WIPO and EPO.
- General patent law principles and practices related to pharmaceutical patenting.
