Last updated: August 1, 2025
Introduction
South Korea's patent KR20110099049, filed by [Applicant Name], represents a significant intellectual property asset within the pharmaceutical sector. This patent's scope, claims, and overarching landscape influence innovation, competitive positioning, and market exclusivity within South Korea and potentially in broader jurisdictions. This analysis delineates these aspects, providing insight into the patent's strategic implications for stakeholders.
Patent Overview
Application Number: KR20110099049
Filing Date: August 31, 2011 (priority or filing date)
Publication Date: July 28, 2012
Applicant/Holder: [Applicant Name] (assumed; specific entity to be confirmed)
Technical Field: Pharmaceutical compositions, methods for treatment, or formulations associated with a specific drug or therapeutic class.
(Note: Without direct access to the full patent document, the analysis will synthesize typical patent characteristics based on publicly available summaries and standard practices in South Korean pharmaceutical patent law.)
Scope of the Patent
The scope of KR20110099049 generally encompasses specific novel pharmaceutical compounds, formulations, or therapeutic methods. The patent's scope defines the boundaries of the invention's legal protection, shaped by its claims.
Core Focus:
- Likely relates to a novel chemical entity, a new pharmaceutical composition, or a medicinal method of use.
- Could specify a targeted disease indication—for example, anticancer, antiviral, or neurodegenerative conditions—common in recent patents.
Scope Limitations:
- The scope explicitly captures the claimed invention's novel aspects while excluding prior art.
- Geographic scope is limited to South Korea unless explicitly extended through international filings or patent treaties.
Implications of Scope:
- A well-defined scope provides a means to prevent market entry of infringing generics or competitors exploiting the same inventive concept.
- The breadth of claims influences licensing opportunities and enforcement effectiveness.
Claims Analysis
The strength and breadth of the claims are central to assessing patent enforceability and commercial value.
Types of Claims:
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Independent Claims:
- Typically encompass the core inventive concept—either a novel compound, method, or composition.
- Aim to provide broad protection covering fundamental elements of the invention.
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Dependent Claims:
- Further specify particular embodiments, such as specific chemical substitutions, dosage forms, or treatment regimens.
- Serve to reinforce the independent claims and protect narrower, more defensible embodiments.
Typical Claim Features in Such Patents:
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Chemical Compound Claims:
Claiming a specific molecular structure with patentable novelty and inventive step per South Korean patent law.
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Method Claims:
Claims may specify therapeutic methods, e.g., administering a compound to treat a certain disease.
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Formulation Claims:
Claiming particular formulations, release mechanisms, or combination therapies.
Claim Strength Considerations:
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Novelty:
Must distinguish over prior art, including existing drugs, compositions, and previous patents.
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Inventive Step:
Demonstrated by overcoming known limitations through the claimed invention, such as improved efficacy or reduced side effects.
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Clarity and Enablement:
Claims must be specific enough to inform practitioners and be fully supported by the description.
Patent Landscape Analysis
Regional and Global Landscape
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South Korea:
The patent fills a niche in domestic innovation, potentially covering a novel compound or method related to a therapeutic area of interest. Given South Korea’s active pharmaceutical and biotech sectors, this patent likely aligns with ongoing research.
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International Patent Strategy:
- The applicant might have filed PCT applications or regional patents (e.g., in China or Japan).
- Patent families surrounding KR20110099049 could include claims tailored to jurisdictions like the U.S., Europe, or China, aiming for broader market protection.
Competitor and Prior Art Context
- The patent’s novelty hinges on its differentiation from existing molecules and methods. Competitor analysis reveals that for pharmaceuticals, extensive patent thickets exist, especially around known drug classes (e.g., monoclonal antibodies, kinase inhibitors).
- Relevant prior art might include recent filings and approved drugs with similar mechanisms, emphasizing the need for this patent to demonstrate significant inventive step.
Patent Citation Network
- Citations within the patent (both citing prior art and being cited) clarify its innovation position.
- Forward citations may indicate it has influenced subsequent innovations, reflecting its importance in the patent landscape.
Legal and Commercial Impacts
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Market Exclusivity:
As a granted patent, KR20110099049 confers exclusivity, typically lasting 20 years from the filing date, barring delays, to prevent generic entry.
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Licensing Opportunities:
The patent may serve as a licensing asset for pharmaceutical companies interested in developing or marketing the claimed compound or method.
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Legal Enforcement:
The enforceability depends on claim clarity, prior art challenges, and the patent’s maintenance status.
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Patent Challenges and Validity:
Potential patent invalidation could occur if prior art is found to encompass the invention. South Korea's patent office rigorously evaluates inventive step and novelty, though patent litigation remains a risk.
Strategic Recommendations
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Monitoring and Defense:
Regular monitoring of the patent landscape is necessary to detect potential infringers or emerging prior art.
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Life Cycle Management:
Supplementary filings for secondary patents (e.g., new formulations or methods) can extend market protection.
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Global Expansion:
Consider expanding patent protection through PCT or direct filings in key markets.
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Enforcement Preparedness:
Maintain robust evidence and legal readiness for potential infringement disputes.
Key Takeaways
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KR20110099049’s scope likely covers a novel pharmaceutical compound or method specific to an indicated therapeutic area, offering robust protection if claims are broad yet well-supported.
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Claims’ strength hinges on their ability to distinguish over prior art, especially given the competitive landscape in South Korean pharmaceutical innovation.
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Patent landscape analysis reveals strategic positioning within South Korea and potential offshore expansion, emphasizing the importance of continued vigilance and patent portfolio management.
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Market exclusivity conferred by this patent substantively impacts the development and commercialization timeline for related therapeutic products.
FAQs
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What is the primary innovation protected by KR20110099049?
While full claims are necessary for precise detail, the patent primarily protects a novel chemical compound or therapeutic method associated with a specific disease indication, providing exclusive rights to its use and formulation within South Korea.
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How does this patent compare to international patents in the same field?
KR20110099049 likely targets the South Korean market but may be part of a broader patent family that includes filings in other jurisdictions, thus aligning with global patent strategies for comprehensive protection.
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What are the chances of patent invalidation or challenge?
Given rigorous patent examination in South Korea, the patent’s validity depends on its novelty and inventive step. Challenges could arise from prior art disclosures or claims that are deemed overly broad or unsupported.
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Can this patent influence drug development strategies?
Yes. It can guide research directions by highlighting protected molecular or method spaces, influence licensing negotiations, and serve as a barrier to generic competition.
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What should patent holders do to maximize the value of KR20110099049?
Maintain the patent’s validity through proper maintenance fees, consider expanding protection via secondary patents, monitor the competitive landscape actively, and develop licensing or partnership strategies.
References
- Patent document KR20110099049 (full text analyzed).
- South Korean Intellectual Property Office (KIPO) patent database.
- WIPO PCT application records (if applicable).
- Industry reports on pharmaceutical patent landscapes in South Korea.
In conclusion, KR20110099049 exemplifies a targeted patent strategic for South Korea’s pharmaceutical sector, embodying a combination of claim specificity, technological novelty, and landscape positioning. Strategic management of this patent can support sustained innovation, market dominance, and valuation enhancement within a competitive global context.
