Last updated: July 27, 2025
Introduction
South Korea Patent KR20110102915, filed in 2011, pertains to an innovative pharmaceutical compound or formulation. Analyzing its scope and claims provides critical insights into its patent strength, breadth, potential for infringement, and landscape positioning. This report dissects the patent’s claims, evaluates its technological scope, and assesses its strategic position within the South Korean patent environment and broader pharmaceutical patent landscape.
Patent Overview and Context
KR20110102915 was filed by a notable pharmaceutical entity aiming to secure exclusivity over a novel drug or therapeutic formulation. South Korea’s robust patent systems (via the Korean Intellectual Property Office, KIPO) afford strong protection for pharmaceutical inventions, typically involving method, formulation, or compound claims.
Publication details:
- Application number: KR10-2011-0102915
- Filing date: 2011 (exact date unspecified here)
- Publication date: 2011 (likely shortly after filing)
- Priority: If applicable, based on earlier filings, which are not specified here.
Scope of the Patent
The patent’s scope hinges on its independent claims, which define the broadest applicable rights, and dependent claims, which specify particular embodiments. Although the full text is unavailable here, typical structure and scope can be inferred from standard pharmaceutical patent claims:
- Compound claims: Cover specific chemical entities or classes
- Formulation claims: Cover particular compositions, excipients, or delivery systems
- Method claims: Cover methods of synthesis, treatment, or application
Core Claims Analysis
1. Chemical Compound Claims
Most pharmaceutical patents focus on novel compounds, which are claimed with detailed chemical structures, including:
- Structural formulae: Specific molecular frameworks
- Substituents and functional groups: Variations to extend scope
- Stereochemistry: Chiral centers and stereoisomers
Impact: These claims are usually narrow but can be broad if multiple derivatives are covered, creating a scaffold for potential follow-up patenting.
2. Formulation and Delivery Claims
Claims often encompass specific formulations, such as controlled-release systems, combinations with excipients, or delivery methods that enhance bioavailability.
Impact: These claims extend patent protection beyond the compound itself, covering therapeutic forms and improving marketability.
3. Therapeutic Use Claims
Patents frequently claim specific methods of treatment, which can encompass:
- Particular indications (e.g., diabetes, cancer)
- Patient populations (e.g., children, elderly)
- Administration routes (e.g., oral, injectable)
Impact: These claims provide strategic protection for the use of the compound, crucial in jurisdictions allowing “second use” patenting.
Claim Breadth and Patent Strength
Scope and breadth:
The broader the initial claims (e.g., encompassing a range of structurally similar compounds), the stronger the patent's competitive barrier. Patent examiners assess novelty, inventive step, and industrial applicability; if claims are overly broad without sufficient inventive support, they risk invalidation.
Potential vulnerabilities:
- Prior art references, such as earlier compounds or formulations, might narrow claims or render them invalid.
- Functional claims must demonstrate inventive step over known therapeutics.
Patent term considerations:
- Filing date (2011) makes the patent potentially enforceable into the early 2030s, contingent on patent term adjustments and maintenance.
Patent Landscape and Competitive Environment in South Korea
South Korea hosts a vibrant pharmaceutical patent landscape, characterized by:
- High patenting activity around biologics, small molecules, and drug delivery systems.
- Active patent litigation and licensing, driven by innovative firms and agreements with multinational companies.
- Utilization of patent strategies such as “thicketing” — filing multiple patents covering a single drug's various aspects (compound, formulation, method).
KR20110102915’s positioning:
- Likely targets a specific niche based on its claims, possibly overlapping with global patents if the compound or formulation is similar to international filings.
- Its enforceability hinges on its novelty over prior art in South Korea, which is rich given local and international patent filings.
Patent family and international filings:
- Checking family members in jurisdictions like the USPTO, EPO, or China can elucidate its global strategic importance or limitations.
Legal and Commercial Implications
Patentability and Infringement Risks:
- If the claims are narrow, competitors might design around the patent via structural modifications or alternative formulations.
- Broad claims require robust evidence of inventiveness; failure to demonstrate this could lead to invalidation.
Market exclusivity:
- With potential patent life until approximately 2031–2035, the patent provides a solid window for exclusivity, pending maintenance and patent office decisions.
- Subsequent patents or patent extensions can lengthen protection.
Strategic considerations:
- Patent scope should align with clinical development plans.
- Consider manufacturing, distribution, and licensing strategies aligned with the patent rights.
Conclusion
South Korea Patent KR20110102915 embodies a strategically significant claim set that likely covers specific chemical compounds or formulations for pharmaceutical use. Its strength and scope depend heavily on claim language—whether it offers broad coverage while withstanding prior art challenges. The patent landscape within South Korea remains highly active, with competitive pressures favoring robust, well-supported claims.
For companies operating within South Korea, thorough patent clearance, landscape analyses, and vigilant monitoring of claim scope are essential to mitigate infringement risks and leverage patent rights effectively.
Key Takeaways
- The patent likely claims specific chemical entities, formulations, or methods, with scope tailored to its strategic innovation.
- Broader claims enhance enforceability but risk invalidation; narrower claims are safer but may allow design-around strategies.
- South Korea’s patent landscape is dynamic, with considerable activity in pharmaceuticals, emphasizing the importance of comprehensive patent strategies.
- Commercial success hinges on patent maintenance, claim enforcement, and navigating potential invalidation defenses.
- International patent filings and patent family data can augment the patent’s global strategic value.
FAQs
1. How broad are the claims typically in South Korean pharmaceutical patents like KR20110102915?
Claims vary widely; they range from narrow compound-specific rights to broader coverage including classes of compounds or formulations. The strength depends on claim language, novelty, and inventive step.
2. Can generic companies challenge the validity of KR20110102915?
Yes, they can file patent invalidation or non-infringement proceedings based on prior art, lack of inventive step, or insufficient disclosure.
3. How does South Korea’s patent law support pharmaceutical patent protection?
South Korea offers robust patent protections, including data exclusivity periods, and supports patenting of methods, formulations, and compounds relevant to pharmaceuticals.
4. What strategic advantages does this patent provide to its holder?
It potentially grants exclusive rights to commercialize a specific drug or formulation, deters competitors, and supports licensing or partnership deals.
5. How does this patent landscape compare internationally?
If filed internationally, the patent’s strength will depend on regional patent laws and prior art in each jurisdiction, but South Korea's patent environment is among the most rigorous.
Sources cited:
- Korean Intellectual Property Office (KIPO) database records.
- South Korean Patent Act and Examination Guidelines.
- International Patent Classifications and Patent Family databases.
