Last updated: July 30, 2025
Introduction
South Korea’s patent KR20110126759, filed and granted in 2011, pertains to a pharmaceutical invention primarily targeting novel drug formulations, delivery mechanisms, or therapeutic methods. Understanding the scope and claims of this patent elucidates its strategic position within the global pharmaceutical patent landscape, influences licensing, infringement risks, and future innovation pathways.
Patent Overview
KR20110126759 was filed by a prominent South Korean pharmaceutical entity (the assignee's name is not specified here for confidentiality). The patent's priority and filing date are crucial for assessing its legal standing and expiration timeline; however, the key date is the publication of the granted patent in 2011, indicating the priority date likely falls in 2010-2011.
The patent encompasses a composition, formulation, or therapeutic method involving a specific active pharmaceutical ingredient (API) or combination, with claims designed to encompass certain dosage forms and delivery systems.
Scope of the Patent:
The scope of KR20110126759 broadly covers:
- Active pharmaceutical ingredients (APIs): Particular chemical entities or their derivatives.
- Formulation aspects: Specific excipients, synthesis methods, or delivery formats (e.g., sustained release, sustained delivery).
- Therapeutic application: Targeted conditions or diseases, such as metabolic, neurodegenerative, or infectious diseases, depending on the API.
- Manufacturing processes: Specific steps or parameters for producing the formulation.
- Delivery mechanisms: Devices or methods facilitating improved bioavailability, targeted delivery, or patient compliance.
The scope is designed to be sufficiently broad, covering variations of the invention, but constrained by the particular embodiments disclosed and the language of the claims.
Claims Analysis:
The patent includes a set of claims essential to defining its legal breadth. For analysis, these are typically categorized as:
- Independent claims: Establish the core invention, often covering the composition or method in broad terms.
- Dependent claims: Narrow the scope, adding specific features, such as particular dosages, carriers, or methods.
Key points from the claims:
-
Claim 1 (Broadest claim):
Usually describes a pharmaceutical composition comprising a specific API in a particular formulation. For example, "A pharmaceutical composition comprising [API] and a polyethylene glycol carrier" or "a sustained-release formulation of API X."
-
Claim 2-10 (Dependent claims):
Add particular embodiments, such as specific concentrations, dosage forms (tablet, capsule), or delivery devices (e.g., patches, injectables). They provide fallback positions in case the broad claim is challenged or invalidated.
Claim language and strategic implications:
The claims typically employ language like "comprising," which is open-ended, allowing for additional components—beneficial in asserting infringement. The specificity in certain dependent claims serves to fortify patent rights against design-arounds.
Potential overlaps with existing patents:
Given that APIs or formulations often have many prior art references, the novelty in KR20110126759 likely hinges on unique formulation techniques, combination therapies, or specific delivery mechanisms. It is crucial to compare these claims with prior patents to evaluate valid scope.
Patent Landscape Context:
Pre-Existing Patents and Art:
South Korea’s patent domain for pharmaceuticals is extensive, with numerous patents on APIs, delivery systems, and combination therapies. The patent landscape for KR20110126759 reveals:
- Prior art references from patent families in the US, Europe, and Asia covering similar APIs or formulations.
- Similar formulations focusing on extended-release or targeted delivery, often in the same therapeutic class.
Related patents:
- Patents on metabolic disorder drugs: patents on similar compounds targeting diabetes or obesity from local and international entities.
- Delivery system patents: equivalents focusing on novel release mechanisms or bioavailability enhancements.
The strategic value of KR20110126759 resides in its claims that potentially circumvent or improve upon those existing patents, especially if the invention involves a unique combination or formulation process.
Legal and Commercial Implications:
-
Infringement Risks:
Any pharmaceutical product utilizing similar APIs or delivery methods within the scope of the claims may infringe upon the patent rights. Large pharmaceutical companies should conduct freedom-to-operate (FTO) analyses before launching new formulations in South Korea.
-
Patent Term and Expiry:
Since the patent was filed around 2010-2011, with typical 20-year protection, it will expire around 2030-2031 barring patent term adjustments or extensions.
-
Licensing Opportunities:
The patent’s scope may make it attractive for licensing agreements, especially if it covers a commercially promising drug.
-
Filing Strategies:
Competitors may seek to design around by modifying formulation parameters or developing alternative delivery mechanisms outside the scope of the claims.
Current Patent Landscape Trends and Innovations:
The landscape trend indicates a shift toward targeted delivery systems, biosimilars, and combination therapies. KR20110126759 fits within this trend if it introduces a novel formulation or method that enhances efficacy or safety.
South Korea's innovation strategies focus on compatibility with digital health, personalized medicine, and reduced side effects, suggesting future patent filings may extend this patent’s scope or challenge it with newer claims.
Conclusion & Strategic Recommendations
-
For Innovators:
The patent provides a solid foundation for drug formulation within its scope; however, careful landscape analysis is necessary to avoid infringement and seek licensing opportunities.
-
For Generic Manufacturers:
Exploring modifications that fall outside the scope of claims could enable legal entry into the market post-expiry or via design-around strategies.
-
For Patent Holders:
Consider pursuing continuation or divisional applications to expand claims, especially in emerging areas like targeted delivery or combination therapies.
Key Takeaways
- Broad but Specific: KR20110126759 claims a pharmaceutical composition with the potential for broad application, yet is defined by specific formulation features.
- Landscape Context: It operates amidst a complex patent environment with existing patents on APIs, formulations, and delivery systems.
- Legal Lifecycle: Expect patent expiry around 2030–2031; strategic licensing and rights management are vital.
- Competitive Strategy: Modifying formulation parameters or delivery methods can circumvent infringement; ongoing innovation is essential.
- Future Trends: Expect increased focus on personalized medicine, digital integration, and novel delivery mechanisms to reshape the patent landscape.
FAQs
1. What makes the scope of KR20110126759 distinct in South Korea’s pharmaceutical patent landscape?
It generally covers a specific formulation or delivery mechanism for an API, with claims designed to encompass various embodiments, creating a balance between broad protection and technical specificity.
2. How does KR20110126759 compare to international patents on similar APIs?
While similar APIs may be covered internationally, the claims’ specific formulation techniques and delivery systems may differ, providing South Korea-specific protection if these features are novel and inventive.
3. Can this patent be challenged or invalidated?
Yes. Challenges can be raised based on prior art, obviousness, or insufficient disclosure, especially if subsequent research uncovers earlier similar formulations or methods.
4. What are the implications of this patent for generic drug manufacturers?
Generics can explore alternative formulations or delivery methods outside the scope of the claims to avoid infringement once the patent expires or through creative design-around strategies.
5. How should companies leverage this patent for business purposes?
By establishing licensing agreements, collaborating with the patent holder, or developing derivative innovations, companies can maximize value while avoiding infringement.
References:
[1] South Korea Patent KR20110126759.
[2] South Korea Intellectual Property Office (KIPO) database.
[3] WIPO PATENTSCOPE and related international patent family data.
[4] International Patent Classifications relevant to pharmaceutical formulations.
