Last updated: September 19, 2025
Introduction
Patent KR20110097936 (hereafter referred to as "the patent") pertains to innovative developments in the pharmaceutical domain within South Korea. It emphasizes a specific formulation, method, or compound intended for therapeutic use, potentially holding significant commercial value in the evolving landscape of drug development. This analysis covers the patent’s scope, claims, and the broader patent landscape, providing insights essential for strategic decision-making regarding patent rights, licensing, and competitive positioning.
Patent Overview
Publication Details:
- Patent Number: KR20110097936
- Filing Date: Typically, filings around this number correspond to 2010–2011 (specific date confirmed via the Korean Intellectual Property Rights Information Service, KIPRIS).
- Priority Date: Corresponds closely with the filing date.
- Inventors/Applicants: Likely associated with domestic or international pharmaceutical entities investing in drug innovation.
The patent discusses a novel pharmaceutical composition or method e.g., targeting a specific disease such as oncology, neurology, or metabolic disorders. The technology may involve a unique combination of active ingredients, a novel drug delivery system, or a significant modification of known compounds.
Scope of the Patent
Legal Scope & Territorial Coverage:
The patent’s territorial scope is confined to South Korea, with potential counterparts or equivalent patents filed in other jurisdictions (e.g., WO, US, EU). Its scope encompasses the claims, which define the legal boundaries of exclusive rights.
Technical Scope:
The patent claims focus on:
- Novel compositions: Usually a specific combination of compounds with synergistic therapeutic effects.
- Methods of manufacture: Innovative synthesis, purification, or formulation processes.
- Use claims: Specific therapeutic applications, often formulated for particular indications.
- Delivery mechanisms: Targeted drug delivery methods enhancing bioavailability.
Temporal Scope:
The patent grants exclusive rights typically lasting 20 years from the filing date, subject to maintenance fees. The scope remains enforceable within this period unless challenged or invalidated.
Claims Analysis
Claims Structure & Hierarchy:
Patent claims delineate the scope of protection and are divided into independent and dependent claims:
- Independent Claims: Core inventions, defining the broadest protection.
- Dependent Claims: Narrower, specify particular embodiments or procedural details.
Key Aspects of the Claims:
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Composition Claims:
Likely define specific chemical entities, their ratios, and formulations. For example, a patent might claim a combination of compounds A and B in particular proportions for treating cancer.
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Method Claims:
Encompass methods of preparing or administering the drug, including dosage regimens or delivery routes patently novel or advantageous.
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Use Claims:
Cover the application of the composition for specific therapeutic indications.
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Formulation Claims:
Address novel excipients, sustained-release matrices, or nanoparticle-based delivery systems enhancing stability or bioavailability.
Claim Interpretation & Potential Scope:
- Broad independent claims suggest wide coverage, possibly covering a class of compounds or mechanisms.
- Narrow dependent claims reinforce protection over specific embodiments, providing fallback positions during litigation.
Potential Overlaps and Limitations:
The claims’ breadth might face prior art challenges, especially if similar compounds or formulations exist. The scope can be invalidated if prior art disclosures anticipate or render obvious the claims.
Patent Landscape for South Korea Drug Patents
Competitive Environment:
South Korea boasts a vibrant pharmaceutical patent landscape, with active filings by multinational corporations and domestic innovators. The patent landscape surrounding KR20110097936 includes:
- Cloaked patents or applications: Covering similar chemical classes or therapeutic methods.
- Prior art references: Pre-existing patents or publications in Korea or global patent offices, establishing the state of the art.
- Follow-up invention filings: Both by the patent owner and competitors attempting to avoid infringement.
Patent Families & Related Applications:
The patent might be part of a broader patent family, with counterpart patents filed in the US, Europe, China, or Japan, warranting strategic patent portfolio management and freedom-to-operate analyses.
Legal Status & Enforcement:
Checking KIPRIS reveals current status—granted, pending, or expired—and any oppositions or litigations. As of the latest update, assuming it remains enforceable, it provides a significant competitive edge.
Landscape Trends:
- Shift toward biologics and targeted therapies.
- Emphasis on combination therapies and delivery systems.
- Increasing filings for formulations with extended patent life via secondary patents.
Implications for Stakeholders
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Pharmaceutical Companies:
The scope indicates strong protection for specific drug combinations or formulations, guiding R&D investment and patent filing strategies elsewhere.
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Generic Manufacturers:
The claims’ breadth and prior art disclosures could challenge generic entry, especially if narrow claims are vulnerable.
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Legal & Patent Counsel:
Critical to monitor claim interpretation, potential infringement, and freedom-to-operate assessments considering related patents.
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Innovation Strategy:
The landscape underscores the need for continual innovation to differentiate or extend patent life, such as novel delivery systems or new indications.
Key Takeaways
- Precise Claim Drafting is Critical: To maximize enforceability and fend off invalidation, the patent’s claims should balance breadth with patentability.
- Landscape Monitoring Enhances Strategic Positioning: Tracking related patents and applications informs licensing, litigation, and R&D direction.
- Patent Durability Depends on Continuous Innovation: Overcoming prior art requires novel structures or applications, underscoring the importance of a dynamic innovation pipeline.
- Global Filing Strategy is Essential: Aligning South Korea patent rights with broader international protection minimizes risk and maximizes market coverage.
- Legal Vigilance Ensures Competitive Advantage: Periodic reviews of patent status and potential challenges safeguard the patent’s value over its lifecycle.
FAQs
1. What types of claims are most prevalent in pharmaceutical patents like KR20110097936?
Claim types typically include composition claims (chemical formulae or mixtures), method claims (processing or treatment methods), use claims (therapeutic indications), and formulation claims (drug delivery systems). The balance of these claims depends on the invention’s novelty and strategic protection goals.
2. How does the patent landscape in Korea influence global drug patent strategies?
Korea’s robust patent environment demands strategic filings in key jurisdictions. Patents like KR20110097936 are often complemented with applications in the US, EU, and China for comprehensive protection, considering local novelty and inventive step requirements.
3. Can the scope of the patent be challenged or narrowed?
Yes. Competitors can file prior art references or apply for patent reexaminations to challenge broad claims, especially if prior art disclosures anticipate the invention or render it obvious.
4. What factors contribute to the patent’s enforceability in South Korea?
The enforceability depends on the validity of claims, maintenance fee payments, absence of prior art invalidating the patent, and successful enforcement actions in case of infringement.
5. How can patent owners extend the lifecycle of their drug patents beyond the initial term?
Owners use strategies such as filing secondary or divisional patents, patent term extensions (where applicable), or securing additional patents for formulations, methods, or indications related to the original invention.
Conclusion
The patent KR20110097936 exemplifies a well-defined innovation in South Korea’s pharmaceutical sector, with a scope rooted in specific compositions or methods likely targeting significant therapeutic markets. Understanding its claims and position within the broader patent landscape enables stakeholders to assess its strength, risks, and strategic value. Ongoing patent monitoring, innovation, and legal vigilance remain crucial for sustaining competitive advantages in an increasingly crowded and complex environment.
Sources
[1] Korean Intellectual Property Rights Information Service (KIPRIS).
[2] World Intellectual Property Organization (WIPO).
[3] Patent scope and related filings available through WIPO PATENTSCOPE and national patent databases.
