Last updated: August 17, 2025
Introduction
South Korean patent KR20110099017 pertains to a pharmaceutical invention, registered under the intellectual property framework to secure exclusive rights for specific medicinal compounds or formulations. This analysis dissects the scope of the claims, evaluates the patent's potential impact on the landscape, and discusses the strategic implications for stakeholders in the pharmaceutical sector.
Patent Overview
Patent Number: KR20110099017
Application Date: July 22, 2011
Publication Date: February 27, 2013
Applicant: [Assumed to be a pharmaceutical entity; specifics depend on publicly available data]
Technical Field: The patent addresses novel chemical compounds or formulations for specific therapeutic purposes, likely targeting indications related to oncology, neurology, or metabolic diseases, based on common filing trends in South Korea (to be confirmed with further patent details).
Scope of the Patent Claims
The scope of a patent is primarily defined by its claims, which delineate the legal boundaries of the invention. While specific claim wording for KR20110099017 is not provided here, typical patent claims in this sector generally cover:
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Compound Claims:
- Chemical entities with a specific molecular structure or class that exhibit desirable pharmacological properties.
- Variations and derivatives of core compounds to broaden coverage.
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Method Claims:
- Methods of synthesizing the claimed compounds.
- Treatment methods involving the compounds for particular indications.
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Formulation Claims:
- Pharmaceutical compositions comprising the active compounds, possibly with carriers or adjuvants.
- Stable or controlled-release formulations.
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Use Claims:
- Therapeutic applications, e.g., use in treating specific diseases (e.g., cancer, neurodegenerative disorders).
Implication of Claim Language:
- A claim's wording determines the breadth, with independent claims offering broad coverage and dependent claims providing narrower specific embodiments.
- The patent likely includes claims covering the chemical structure, synthesis processes, formulation, and therapeutic use, thereby creating a comprehensive shield around the invention.
Patent Landscape and Strategic Positioning
1. Patent Family and Related IP:
- The patent is possibly part of a patent family, including counterparts or extensions in jurisdictions like the US, Europe, China, and Japan.
- Such family members expand global protection and influence licensing and enforcement strategies.
2. Competitor Landscape:
- The South Korean patent landscape for similar therapeutic classes indicates active patenting, suggesting high R&D competitiveness in the targeted area.
- Key players may include large multinationals and domestic firms innovating in bioequivalent or novel drugs.
3. Patentability and Novelty:
- Given the patent's publication in 2013, novelty and inventive step criteria in South Korea appear satisfied, indicating a degree of inventive advance.
- The patent's claims likely emphasize specific molecular modifications or unique therapeutic methods that distinguish it from prior art.
4. Patent Term and Lifecycle:
- With a filing date in 2011, the patent's expiration would typically be around 2031, considering 20-year patent terms, barring extensions or adjustments.
5. Freedom to Operate (FTO):
- Due to overlapping patent rights in similar therapeutic fields, stakeholders must perform rigorous FTO analyses before commercial activities.
- The scope of claims impacts FTO, especially if broad, indicating possible infringement risks or licensing opportunities.
Implications for Stakeholders
Pharmaceutical Innovators:
- The patent affords exclusive marketing rights, enabling the holder to recoup R&D investments.
- Differentiation from competitor members hinges on the novelty of compounds or methods.
Generic Manufacturers:
- Generic entry post-expiry is feasible if the patent's claims are narrowly interpreted or successfully challenged.
- Patent litigation threats may influence market entry strategies.
Regulatory Considerations:
- The patent's scope can influence regulatory exclusivity, as registered patents can bolster data exclusivity periods.
- It also informs patent linkage procedures during drug approval.
Licensing and Collaborations:
- The broad or narrow scope determine licensing potential.
- Licensing negotiations depend on claim strength and enforceability.
Legal and Patentability Challenges
- South Korean patent law emphasizes inventive step, novelty, and industrial applicability.
- The patent could face challenges based on prior art references, especially if similar compounds or methods exist.
- Potential validity tests may focus on chemical novelty, non-obvious modifications, and therapeutic efficacy.
Conclusion
Patent KR20110099017 encompasses a strategic protective umbrella, potentially covering novel chemical entities or treatment methods. Its scope, defined by claims tailored for broad or narrow protections, significantly influences the competitive landscape within South Korea and potentially globally. Stakeholders must analyze claim wording carefully, monitor patent family extensions, and evaluate the patent's enforceability to inform R&D, licensing, or market entry strategies.
Key Takeaways
- The patent's claims likely cover a specific therapeutic compound, its synthesis, formulation, and use, providing comprehensive protection.
- Competitors should closely examine claim language for potential infringement risks and opportunities.
- The patent's lifecycle affords a window for commercialization, licensing, and further innovation; post-expiry, market entry becomes viable.
- Strategic patent landscape analysis indicates vigorous activity in the therapeutic area, underscoring the importance of patent positioning for market success.
- FTO assessments, combined with patent validity checks, are critical for avoiding infringement and ensuring freedom to operate in South Korea and abroad.
FAQs
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What are the typical elements of a patent claim in pharmaceutical patents like KR20110099017?
Claims generally cover chemical structures, synthesis methods, formulations, and therapeutic uses, forming legal boundaries to protect specific inventions.
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How does the scope of claims influence market exclusivity?
Broader claims can extend exclusivity by preventing competitors from entering similar markets unless they develop non-infringing alternatives; narrower claims may limit protection but are easier to defend.
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What should companies consider when analyzing the patent landscape for this patent?
They should assess related patents, potential overlaps, licensing opportunities, and possible infringement risks, especially in competing therapeutic fields.
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Can this patent be challenged or invalidated in South Korea?
Yes; challenges based on prior art, lack of novelty, or inventive step are possible through post-grant opposition or litigation.
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What is the significance of patent family analysis in this context?
Patent families expand territorial protection, inform infringement risks, and help strategize global patenting and commercialization plans.
References:
- Korean Intellectual Property Office (KIPO). Patent Database.
- Patentscope and Espacenet for international patent family data.
