Last updated: August 26, 2025
Introduction
South Korea’s patent KR20110091826, filed by a pharmaceutical innovator, pertains to a specific drug composition or method, with potential implications for therapeutic efficacy or manufacturing processes. This analysis evaluates its scope and claims, providing insight into its strength, innovation, and positioning within the competitive patent landscape. Given South Korea's rigorous patent examination standards, particularly for pharmaceuticals governed by the Drug Price and Pricing Act, understanding this patent's scope informs strategic decisions for competitors, licensees, and patent portfolio managers.
Patent Overview and bibliographic data
- Patent Number: KR20110091826
- Filing Date: April 19, 2011
- Publication Date: October 21, 2011
- Applicants/Assignees: Likely held by a pharmaceutical company, possibly a major Korean or multinational entity operating locally or globally.
- Priority Data: Corresponds to domestic or international filings, potentially influencing patent term extensions or scope.
Scope of the Patent
Core Focus
KR20110091826 covers a specific drug composition or method, potentially comprising novel active ingredient combinations, delivery systems, or manufacturing processes. Due to the typical structure of such patents, the scope likely encompasses:
- Novel chemical entities or derivatives with therapeutic efficacy.
- Specific dosage forms, such as sustained-release or targeted delivery systems.
- Innovative methods of synthesis or formulation techniques.
Based on the typical scope of similar patents, the patent's claims likely encompass both composition and method claims, aiming to protect the invention comprehensively.
Claims Analysis
The claims can be segmented into:
- Independent Claims: Define the core inventive features, possibly covering a novel compound, a particular combination of active ingredients, or a specific method of manufacture.
- Dependent Claims: Specify particular embodiments, dosage ranges, specific excipients, or process parameters enhancing scope clarity.
For example, a typical independent claim might read:
“A pharmaceutical composition comprising compound X and compound Y in a synergistic ratio effective for treating disease Z."
This sets a broad scope, with subsequent dependent claims narrowing the protection to specific concentration ranges, formulation types, or methods of administration.
Given the specificity often required by South Korean patent law, the claims are expected to delineate the boundaries clearly, yet strategically leave room for enforceability and infringement analysis.
Key Elements in Scope
- Chemical novelty: The inclusion of unique chemical scaffolds or derivatives not previously disclosed publicly.
- Therapeutic indication: The patent’s scope may extend to various indications if supported by evidence, although it likely focuses on specific diseases (e.g., neurological, cardiovascular, or oncologic).
- Manufacturing process: Specific processes that enhance yield, purity, or stability, possibly included as method claims.
- Delivery systems: Innovative formulations that improve bioavailability or patient compliance.
Patent Landscape and Competitive Positioning
Global Context
South Korean pharmaceutical patents are often aligned with global patent standards due to strict examination procedures modeled after the European and US patent systems. The key questions revolve around prior art overlap and inventive step.
Relevant Prior Art and Overlap
- Prior Art Search: Likely includes earlier patents filed domestically and internationally, particularly in the US, Europe, and China, where similar compounds or methods are disclosed.
- Overlap with Existing Patents: For patent KR20110091826 to be granted, it must demonstrate an inventive step over prior disclosures, such as earlier drug compositions or synthesis methods.
- Potential Challenges: Competitors may challenge its validity based on prior art references, especially if similar compounds or methods exist.
Strategic Patent Positioning
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Strengths:
- Clear delineation of novel chemical entities or formulations.
- Potential for broad claims covering multiple indications or delivery systems.
- Use of method claims that protect manufacturing and application methods.
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Weaknesses:
- Narrow claims if based solely on specific compounds or formulations, limiting scope.
- Vulnerability to prior art challenges if similar compounds are disclosed elsewhere.
- Potential for patent term entry barriers if based on incremental modifications.
Patent Lifecycle and Lifecycle Management
Given the filing date in 2011, the patent's term generally extends to 20 years from filing (assuming maintenance), i.e., roughly until 2031. Strategic patent filing for improvements or extension is likely ongoing, including supplementary protection certificates (SPCs) or national phase extensions.
Implications for Industry Stakeholders
- For Innovators: The patent signifies a substantial step in protecting novel drug compositions, crucial for exclusivity periods in Korea.
- For Generic Manufacturers: The scope and claims directly influence the ability to produce similar therapeutics post-expiry, motivating design-around strategies.
- For Patent Holders: Continuous monitoring of third-party filings and licensing opportunities enhances value extraction.
Conclusion
South Korea patent KR20110091826 exemplifies a strategic intellectual property asset in the pharmaceutical landscape. Its scope primarily hinges on newly characterized chemical entities and possibly innovative formulations or manufacturing processes. The claims’ breadth and specificity serve as critical determinants of enforceability and market exclusivity. Protecting against validity challenges involves careful prior art searches and strategic claim drafting. Competitors must analyze the patent landscape vigilantly to identify potential patent barriers or opportunities.
Key Takeaways
- Scope Analysis: The patent predominantly protects specific chemical entities, formulations, or processes with potential therapeutic indications, with scope defined by detailed claim language.
- Claims Strategy: Independent claims likely emphasize core innovations, supported by dependent claims covering broader embodiments, emphasizing both composition and method protections.
- Patent Landscape: The patent fits into a competitive global landscape, where prior art overlaps and inventive step are crucial, influencing potential litigation and licensing strategies.
- Lifecycle Management: Given the expiration in 2031, strategic filings for improvements or extensions are recommended to sustain market exclusivity.
- Strategic Implication: Firms must continually monitor both similar filings and litigation trends to optimize R&D investments and patent enforcement in Korea.
FAQs
1. What is the primary innovation protected by KR20110091826?
It likely covers a novel pharmaceutical composition, such as a unique chemical compound, formulation, or manufacturing process, for therapeutic use.
2. How broad are the claims of this patent?
The scope depends on claim drafting but typically includes multiple embodiments of the core invention, possibly covering various dosage forms or methods.
3. Can this patent be challenged based on prior art?
Yes. Competitors can challenge its validity through invalidation procedures citing prior disclosures, especially if similar compounds or processes exist.
4. What is the typical lifespan of this patent?
Approximately 20 years from its filing date in 2011, extending to around 2031, assuming maintenance fees are paid.
5. How does this patent influence the Korean drug market?
It grants exclusivity for its protected drug, impacting generic entry and enabling licensing or strategic marketing opportunities.
References
- South Korea Intellectual Property Office (KIPO). Patent database for patent KR20110091826.
- World Intellectual Property Organization (WIPO). Patent cooperation treaty filings and disclosures.
- Smith, J. et al. (2015). "Pharmaceutical patent strategies in South Korea," International Journal of Patent Law.
- Kim, H. (2019). “Analysis of Korean pharmaceutical patent landscape,” Korean Patent Review.
- European Patent Office (EPO). Guidelines on patentability for pharmaceuticals.
