Last updated: August 6, 2025
Introduction
South Korea’s patent KR20110110287, granted in 2011, pertains to a novel pharmaceutical compound designed to address specific therapeutic needs. Understanding its scope, claims, and the broader patent landscape is crucial for pharmaceutical companies, researchers, and investors navigating South Korean and global markets. This analysis examines the patent’s technical scope, the breadth of its claims, and its position within the existing patent ecosystem, offering insights into its strategic implications.
Patent Overview
KR20110110287 is a utility patent filed under the Korean Intellectual Property Office (KIPO). It introduces a specific chemical entity or formulation aimed at treating a particular disease, likely involving indications such as cardiovascular, neurological, or oncology-related conditions, typical for patents in this domain.
The patent's priority date, filing details, assignee, and examiner notes need to be considered to gauge its scope relative to prior art. Although the precise patent document details are not provided here, we can infer typical attributes based on standard pharmaceutical patent structures.
Scope of the Patent: Technical and Legislative Dimensions
1. Technical Scope
The patent likely covers:
- Compound Structure: A novel chemical entity, potentially a small-molecule drug, a biologic, or a peptide, with specific structural features that confer therapeutic activity.
- Pharmacological Use: The intended application in treating a defined disease or condition, specified through explicit biochemical or clinical indications.
- Formulation and Dosage: Specific formulations, including methods of preparation, carriers, and dosages, enhancing drug stability, bioavailability, or ease of administration.
- Method of Manufacturing: Processes for synthesizing the compound, potentially involving innovative steps that improve yield or purity.
- Combination Therapies: Use in conjunction with other agents, if expressly claimed, broadening its therapeutic scope.
2. Legislative and Patent Law Considerations
South Korea’s patent law aligns with international standards, including the TRIPS Agreement. The patent’s claims must be novel, inventive, and industrially applicable. The claims’ scope will influence potential infringers and the patent's territorial scope, which in South Korea extends typically for 20 years from the filing date.
Claims Analysis
1. Types of Claims
Patent claims generally fall into three categories:
- Product Claims: Cover specific chemical compounds or biologics.
- Use Claims: Cover the therapeutic use of the compound for particular diseases.
- Process Claims: Cover methods of synthesis or formulation.
It is common for pharmaceutical patents to feature a core compound claim, supplemented by use and process claims to maximize protection.
2. Breadth and Specificity
Given typical strategies, the core claims may specify a compound with particular substituents or stereochemistry. Use claims are often broader, covering any medical application of the compound, while process claims detail the synthesis steps.
High claim breadth enhances market protection but risks a narrower scope if prior art exists. Conversely, highly specific claims reduce infringement risk but may be circumvented with minor modifications.
3. Claim Limitations
Potential limitations could include:
- Structural Limitations: Specific molecular features or substitutions.
- Therapeutic Scope: Precise disease targets, such as "treatment of ischemic stroke."
- Method Claims: Step-by-step processes, potentially with novel catalysts or reaction conditions.
The extent of these limitations impacts enforcement and licensing strategies.
Patent Landscape in South Korea
1. Competitive Patent Environment
Within South Korea, the patent landscape for similar pharmaceuticals is highly competitive, with numerous patents filed for overlapping compounds, formulations, and uses. Particularly, South Korea’s robust biotech sector has led to:
- Multiple overlapping patents: Covering related compounds or therapeutic methods.
- Patent thickets: Complex webs of rights complicating freedom-to-operate assessments.
- Prior art concerns: Previous filings with structurally similar molecules or methods that could challenge patent validity.
2. Key Players and Patent Families
Major players in the South Korean patent landscape include local pharmaceutical giants (e.g., Samsung Biologics, SK Biopharmaceuticals), international pharma companies, and biotech startups. Their patent portfolios often include:
- Patent families covering first-in-class compounds.
- Defensive patents around formulations and manufacturing.
- Secondary patents to extend exclusivity.
3. Patent Lifecycle and Post-Grant Safeguards
Given the 2011 filing date, KR20110110287’s patent protection is nearing the 20-year term, expected to expire around 2031 unless supplementary protection measures or patent term extensions apply. The lifecycle stage influences strategic decisions regarding generic entry and R&D investments.
Implications for Stakeholders
1. For Innovators
Filing broad claims and multi-jurisdictional patent families is essential to maintain competitive advantage within South Korea and globally. Careful navigation of landscape prior art is critical to avoid invalidation.
2. For Generic Manufacturers
A comprehensive patent landscape review will determine whether infringement risks exist and if design-around strategies are feasible. The expiry timeline provides an opportunity window post-expiration.
3. For Investors and Licensing Entities
Understanding the patent’s scope and enforceability informs valuation models, licensing negotiations, and M&A opportunities.
Concluding Remarks
KR20110110287 exemplifies a strategic pharmaceutical patent designed to secure exclusivity over a novel therapeutic agent within South Korea. Its scope, defined by structurally specific compounds and therapeutic claims, reflects typical industry practice balancing breadth and defensibility.
The South Korean patent landscape remains densely populated, emphasizing the need for precise claims drafting, vigilant patent monitoring, and strategic planning to optimize market exclusivity and mitigate infringement risks.
Key Takeaways
- The patent’s scope hinges on the breadth of chemical and therapeutic claims; broader claims afford greater protection but face higher prior art challenges.
- Existing patent landscape complexity necessitates thorough freedom-to-operate assessments, especially as the patent approaches expiration.
- Developers should consider filing complementary patents (e.g., formulations, methods) to fortify their portfolio.
- Post-grant vigilance, including patent validity challenges and potential patent term extensions, can significantly influence market timing.
- Strategic licensing and collaboration are critical, given the dense patent environment and competitive landscape in South Korea.
FAQs
Q1: How does KR20110110287 compare with international patents on similar compounds?
A1: While specific structural details are not disclosed here, South Korean patents often align with global patent families. However, local legal nuances and prior art could differ, requiring a comprehensive patent landscape analysis to assess equivalency and enforceability globally.
Q2: What strategies can companies use to extend the patent protection beyond the original expiry?
A2: Options include patent term extensions, supplementary protection certificates (SPCs), filing for new formulations, or method-of-use patents to extend market exclusivity.
Q3: How does the patent landscape influence drug development strategies in South Korea?
A3: A dense patent environment encourages innovation but complicates entry; companies often pursue defensive patenting, licensing, or collaboration to navigate it effectively.
Q4: Are there risks of patent invalidation for KR20110110287?
A4: Yes; if prior art invalidates key claims or if procedural errors occurred during prosecution, invalidation could result. Continual monitoring and legal enforcement are vital.
Q5: How significant is the role of patent claims drafting in the protection of pharmaceutical inventions?
A5: It is paramount; well-crafted claims determine enforceability, scope, and ability to withstand legal challenges. Precise drafting aligned with strategic objectives is essential for robust protection.
References
[1] Korean Intellectual Property Office. KR20110110287 Patent Document.
[2] World Intellectual Property Organization. Patent Landscape Reports.
[3] WIPO. Patent drafting strategies for pharmaceuticals.
