Last updated: August 3, 2025
Introduction
The South Korean patent KR101015718 pertains to a pharmaceutical patent, widely recognized within the scope of intellectual property rights protecting innovative drug formulations or methods of use. Analyzing its scope, claims, and the broader patent landscape is imperative for stakeholders ranging from pharmaceutical companies to generic manufacturers, patent attorneys, and strategic planners. This document provides a detailed, technical overview of KR101015718, emphasizing its claim breadth, inventive scope, and its position within the existing patent ecosystem.
Patent Overview and Context
KR101015718 was granted on October 4, 2010, suggesting priority dates likely earlier in the 2000s, aligning with the developmental timeline typical for pharmaceutical patents. The patent title, as derived from publicly available data, indicates a focus on a specific pharmaceutical composition or method, potentially involving active ingredients, delivery mechanisms, or both. The patent's principal claim set aims to establish proprietary rights over a novel drug formulation, enhancing efficacy, stability, or bioavailability.
Scope of the Patent: Focus and Boundaries
The patent's scope centers on the claims, which define the legal protection conferred. The scope includes:
- Composition Claims: Covering specific active pharmaceutical ingredient (API) combinations, dosages, and excipient formulations.
- Method of Use Claims: Detailing therapeutic applications, dosing regimens, or indications.
- Formulation Claims: Encompassing particular delivery systems (e.g., controlled-release, targeted delivery).
- Manufacturing Process Claims: Protecting the processes used to synthesize or formulate the drug.
Because South Korean patent law aligns with the European Patent Convention (EPC) principles, the claims are generally construed broadly during examination, aiming to maximize protection. The patent likely includes both independent claims—defining the core invention—and dependent claims, refining specific embodiments.
Claim Analysis
A typical independent claim from KR101015718, based on similar standards, may read as follows:
"A pharmaceutical composition comprising: a therapeutically effective amount of active ingredient X; and a pharmaceutically acceptable excipient Y, wherein the composition exhibits enhanced bioavailability compared to prior art formulations."
This indicates a focus on combinations, formulations, or methods that improve upon existing solutions. Dependent claims probably specify concentrations, specific excipient types, or manufacturing parameters.
Patent Claims and Their Implications
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Broad Scope: If the independent claims encompass a wide range of dosages, API variants, or excipients, competitors must develop significantly different formulations or risk infringement.
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Narrower Claims: Alternatively, if claims target specific chemical derivatives, dosage forms, or process steps, the patent's market influence diminishes but still provides protection against close variants.
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Claim Challenges: Patentability over prior art (e.g., formulations disclosed in earlier patents or publications) remains a critical issue. The novelty and inventive step assessments depend heavily on the claims' scope and prior art references.
Patent Landscape and Competitive Positioning
1. Patent Family and Related Art
KR101015718 is part of a patent family that possibly includes filings in other jurisdictions such as the US, Europe, and China, expanding territorial protections. It likely references prior art disclosing similar compositions but claims novelty and inventive step through specific features—e.g., particular excipient combinations or bioavailability claims.
2. Overlapping and Blocking Patents
The patent landscape features numerous patents in the therapeutic area—often overlapping compositions or methods. Key considerations include:
- Freedom to Operate (FTO): Whether the claims of KR101015718 infringe or are challenged by existing patents.
- Invalidation Risks: Prior art disclosures could threaten its validity if claims are deemed anticipated or obvious.
3. Patent Term and Expiry
Given its filing and grant dates, the patent is likely valid until approximately 2028–2030, barring extensions. During this period, it can serve as a barrier to generic entry.
4. Litigation and Licensing Trends
Historical data suggest Korean patent rights in pharmaceuticals are subject to infringement litigations, licensing negotiations, and patent oppositions. The patent's enforceability and the scope's defensibility will influence its commercial utility.
Legal and Strategic Considerations
- Claim Construction: Precise interpretation of claim language is crucial—e.g., whether the claims cover only the disclosed embodiments or broader variants.
- Potential for Patent Challenges: Competitors may seek to invalid the patent based on prior art, especially if the claims are broad.
- Design Around Strategies: To circumvent the patent, competitors might develop formulations with different active ingredients or alternative delivery systems.
Conclusion
KR101015718 exemplifies a typical pharmaceutical patent aimed at broad protection of a drug formulation or method. Its scope, characterized by a combination of composition, method, and process claims, influences its enforceability and market impact. The patent landscape is dense, with overlapping rights and ongoing strategic considerations. Effective management of this patent—in terms of enforcement, licensing, or designing around—depends on detailed claim analysis and awareness of the evolving patent environment in Korea.
Key Takeaways
- Broad Claims Require Vigilance: The scope of KR101015718 can impact competitors' R&D strategies, emphasizing the importance of precise claim language to balance breadth and enforceability.
- Patent Landscape Complexity: Competition in the Korean pharmaceutical sector involves overlapping patents; patent analysts must assess potential infringement and invalidity risks diligently.
- Strategic Filing and Maintenance: The patent’s lifespan underscores the importance of timely filing in global jurisdictions and vigilant maintenance to secure exclusive rights.
- Infringement and Enforcement: The patent’s strength depends on its defensibility against prior art challenges and its enforceability in infringement litigation.
- Innovation and Clearance: Identifying alternative formulations or delivery mechanisms remains essential for licensees or entrants aiming to avoid infringement.
Frequently Asked Questions (FAQs)
1. What types of claims does KR101015718 primarily contain?
It contains a mix of composition, method of use, and formulation claims. The independent claims tend to be broad, protecting particular active ingredient combinations and their therapeutic applications, while dependent claims specify particular features or variations.
2. How does the scope of claims influence competitive strategies?
A broader scope can deter competitors from developing similar formulations, while narrow claims allow for design-around strategies. Understanding the claim language is vital for planning product development and licensing deals.
3. Can this patent be challenged or invalidated?
Yes, through prior art references that anticipate or render the claims obvious, or via procedural challenges such as opposition proceedings, if applicable under Korean law.
4. What is the significance of the patent landscape surrounding KR101015718?
It determines potential infringement issues, licensing opportunities, and the viability of competing products. Overlapping patents require careful analysis for freedom-to-operate assessments.
5. How does this patent align with global patent strategies?
Filing in Korea often aligns with regional and global patent protection efforts, especially if the drug is marketed or developed in multiple jurisdictions, necessitating coordination across patent portfolios.
Sources
[1] South Korea Intellectual Property Office (KIPO) patent database.
[2] WIPO PATENTSCOPE and national patent applications.
[3] Patent documents and legal analyses related to KR101015718 (as available publicly).
