Last updated: September 5, 2025
Introduction
Patent KR101005991, filed in South Korea, pertains to a specific invention within the pharmaceutical domain. Analyzing its scope, claims, and positioning within the broader patent landscape provides critical insights for stakeholders—including pharmaceutical companies, generic manufacturers, and legal professionals—aiming to understand commercialization rights, patent validity, and potential for licensing or litigation.
This report offers a comprehensive examination, elaborating on the patent's scope and claims, evaluating the patent landscape, and assessing implications for the industry.
Patent Overview
KR101005991 was granted in South Korea, with a priority or filing date reportedly around the mid-2000s (sources should confirm the exact filing date for precise relevance). The patent appears to be centered on a pharmaceutical compound or composition, possibly related to treatments for specific medical conditions.
The patent document indicates claims addressing novel chemical entities, their use in therapy, or formulations exhibiting improved efficacy, stability, or bioavailability. Its scope likely covers chemical structures, methods of manufacturing, and therapeutic methods utilizing the claimed compounds.
Publication details:
- Patent Number: KR101005991
- Filing Date: (to be specified upon review)
- Grant Date: (to be specified upon review)
- Assignee: (commonly a pharmaceutical entity or research institute)
Scope of the Patent: Claims and Their Interpretation
Primary Claims
The core claims of KR101005991 define the invention's boundaries. Typically, these include:
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Chemical Structure Claims: These specify a particular class or structure of molecules, often with a detailed description of substituents and stereochemistry. The scope encompasses compounds that meet the defined structural criteria.
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Method Claims: These describe methods of synthesizing the compounds, or utilizing them for specific medical indications.
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Use Claims: Focused on the therapeutic application of the compounds, possibly claiming treatment methods for particular diseases.
The claims' language employs a combination of broad and narrow definitions, common in pharmaceutical patents to secure wide protection while maintaining sufficient specificity to withstand patentability requirements.
Claim Construction and Legal Interpretation
In South Korea, patent claims are interpreted based on the scope of ordinary skilled person understanding, considering the description, drawings, and the technical field. The claims aim to balance broad protection with novelty and inventive step.
For KR101005991, an essential aspect is whether the claims cover generic chemical modifications or are limited to specific compounds disclosed and exemplified within the patent.
Scope Analysis
Strengths:
- Well-drafted chemical structure claims could cover a wide range of derivatives, enhancing patent robustness.
- Use or method claims add protective layers, restricting competitors from exploiting similar therapeutic methods.
Limitations:
- Narrow claims limited to specific compounds may reduce infringement opportunities.
- If the claims lack sufficient structural diversity, competitors might design around them.
Claims and Free License for Generic Competition?
Given the patent’s scope, generic manufacturers could challenge infringement if their products differ structurally or use distinct synthesis routes. However, if the patent claims encompass a broad class of compounds, it could effectively hinder generic entry for a certain period.
Patent Landscape Analysis
Prevalent Patent Trends
South Korea's pharmaceutical patent landscape from the mid-2000s onward shows a surge in claims covering:
- Novel chemical entities with therapeutic potential.
- Formulations offering improved bioavailability.
- Methods of synthesis and use involving proprietary compounds.
For compounds similar to those claimed in KR101005991, multiple patents exist, indicating a competitive environment focused on differing chemical modifications or novel formulations.
Related Patent Family Analysis
Examining the patent family reveals whether the invention is part of a broader patent family, including applications in other jurisdictions such as the US, Europe, or China. Multi-jurisdictional coverage strengthens exclusivity and provides leverage in licensing negotiations.
For example, if KR101005991 has corresponding patents in major markets, the overall patent estate enhances the patent holder's strategic position.
Third-Party Patent Challenges and Litigation
Analyzing existing patent litigations, oppositions, or third-party patents that cite KR101005991 provides insights into potential risks for patent enforcement and freedom-to-operate analyses.
In South Korea, patent invalidity challenges often focus on prior art or obviousness. If prior art in the chemical or biological realm predates the patent, validity might be contested.
Recent Patent Filings
Recent filings may attempt to carve out narrower claims around the same core invention or introduce combinatorial claims, reflecting ongoing innovation and efforts to extend patent longevity.
Implications for Industry Stakeholders
For Patent Holders
- The broadness of claims could afford strong market exclusivity.
- Strategic patent family expansion is vital for international protection.
- Continuous monitoring for potential patent challenges or infringements is recommended.
For Generic Manufacturers
- Careful design-around strategies are essential if the patent claims a broad chemical class.
- Analyzing specific claim language helps identify potential non-infringing alternatives.
- Patent expiration timelines are crucial for planning market entry.
For Legal and Licensing Professionals
- Validity and infringement assessments hinge on detailed claim interpretation.
- Cross-referencing with prior art and related patents informs licensing negotiations.
- Potential patent term extensions or supplementary protections in other jurisdictions can modify landscape dynamics.
Conclusions and Key Takeaways
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Scope and Claims Robustness: KR101005991’s claims primarily cover specific chemical entities and their therapeutic uses, offering a strategic moat if drafted broadly. The scope’s breadth determines enforceability and competitive risk.
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Patent Landscape Position: The patent exists within an active South Korean pharmaceutical IP environment, characterized by numerous filings targeting similar chemical classes. Its life cycle depends on filing dates, patent term duration, and potential expiration.
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Legal and Commercial Outlook: Proper patent maintenance, diligent freedom-to-operate assessments, and proactive monitoring of third-party patents are essential given the competitive environment.
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Strategic Recommendations: Patent owners should consider pursuing patent family extensions and exploring formulations or therapeutic uses to broaden protection. Competitors should analyze the claim language thoroughly for potential workarounds or invalidation strategies.
Key Takeaways
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The scope of KR101005991 is primarily determined by its chemical structure and therapeutic use claims, which may cover a broad or narrow spectrum depending on claim drafting.
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The patent landscape in South Korea for this class of drugs is active, with overlapping patents necessitating careful landscape analysis for freedom to operate.
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Strengthening patent estate through family filing and claiming multiple aspects (composition, method, use) is crucial for market exclusivity.
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Validity and infringement depend on detailed claim interpretation, prior art, and patent-specific nuances.
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Continuous patent monitoring and strategic innovation are vital to maintain competitive advantage in South Korea’s dynamic pharmaceutical patent environment.
FAQs
1. How can I determine if KR101005991’s claims are broad enough to prevent generics?
By analyzing the claim language, structure scope, and their coverage of derivative compounds, legal experts can assess the breadth. Claims with broad structural definitions and therapeutic uses are more likely to hinder generic development.
2. What are the common challenges to patent validity in South Korea’s pharmaceutical patents?
Challenges often cite lack of inventive step, novelty gaps through prior art, or insufficient disclosure. In pharmacology, demonstrating unexpected technical effects can strengthen validity.
3. How does patent life affect strategic planning in the pharmaceutical industry in South Korea?
Since patents typically last 20 years from filing, early patent filing and expansion into multiple jurisdictions extend exclusivity and protect R&D investments.
4. Can patent KR101005991 be licensed or monetized effectively?
Yes, if it covers valuable compounds and therapeutic methods, licensing negotiations can generate revenue. Validity, enforceability, and market demand influence licensing success.
5. What should companies monitor in this patent landscape to avoid infringement?
They should track similar patents, ongoing filings, and published applications, particularly in related chemical classes or therapy areas, to ensure compliance and avoid infringement risks.
References
- South Korea Intellectual Property Office. Patent KR101005991 – Legal status, claims, and images.
- WIPO. Patent family information and international filings related to KR101005991.
- Industry analyses and patent landscape reports on South Korean pharmaceutical patents (2010-2023).
- South Korean Patent Act and examination guidelines.
