Last updated: August 4, 2025
Introduction
South Korea’s pharmaceutical innovation landscape has experienced substantial growth, supported by robust patent protection mechanisms. Patent KR101016569, granted by the Korean Intellectual Property Office (KIPO), exemplifies such innovation, specifically concerning a novel pharmaceutical compound or formulation. This analysis provides an in-depth review of the patent’s scope, claims, and position within the broader patent landscape, offering insights vital for stakeholders including pharmaceutical companies, legal professionals, and research institutions.
Overview of Patent KR101016569
Patent KR101016569 was granted in 2010 (application filed in 2008) and pertains to a specific pharmaceutical compound or a therapeutic formulation. While exact compound details require access to the full patent text, typical claims involve novel chemical entities, methods of synthesis, or therapeutic uses.
This patent addresses a niche in the pharmaceutical domain, possibly targeting conditions like cancer, neurological disorders, or metabolic diseases, depending on the claimed compound's therapeutic activity.
Scope of the Patent
1. Technical Field and Purpose
The patent relates to a novel pharmaceutical composition, with a focus on improved efficacy, stability, or reduced side effects. It may also encompass methods of synthesis or administration techniques.
2. Core Invention
The heart of the patent involves a chemical compound or combination, possibly involving:
- A new chemical scaffold with specific substitution patterns,
- A prodrug form designed for targeted delivery,
- An adjunct formulation that enhances bioavailability or reduces toxicity.
3. Therapeutic Application
Claims center on the treatment of specific diseases or conditions, likely with a novel mechanism of action or improved symptom relief.
4. Claim Types
- Independent Claims: Typically, define the core compound or composition, capturing the broadest scope, e.g., "A pharmaceutical compound comprising..." or "A composition comprising..."
- Dependent Claims: Narrow the scope, specifying particular substitutions, formulations, dosing regimens, or synthesis methods.
The patent’s claims likely explicitly describe:
- Chemical structures (represented through chemical formulas or Markush structures),
- Pharmacological features,
- Manufacturing steps,
- Treatment methods enumerating specific indications.
Claim Analysis
1. Structural and Composition Claims
These define the chemical entity or composition's structure. The claims specify the core pharmacophore and permissible variations, often represented via Markush structures, allowing broad coverage of derivatives.
Example: A claim might describe a compound "wherein R1, R2, R3 are independently selected from...," allowing a wide range of molecules under the patent’s umbrella.
2. Method Claims
Method claims cover synthesis, formulation, and treatment processes. They define:
- The procedure for preparing the compound,
- Specific dosages and administration routes,
- Therapeutic methods, including combination therapies.
3. Use Claims
Use claims specify the therapeutic applications, such as treatment of cancer or neurodegenerative diseases, which are crucial for lifecycle management and patent enforcement.
4. Patent Scope and Limitations
The scope hinges on how broadly the chemical structures and uses are claimed. A well-drafted patent will balance broad claims (to prevent others from designing around) with sufficient specificity to withstand invalidation challenges.
Patent Landscape Context
1. Similar Patents and Competitor Landscape
South Korea's pharmaceutical patent landscape features numerous filings related to chemical scaffolds, formulations, and therapeutic uses. KR101016569 exists within a dense network of patents covering:
- Chemical derivatives with similar activity,
- Formulations enhancing stability or bioavailability,
- Methods of manufacturing.
Competitors likely hold patents in overlapping segments, making patent clearance and freedom-to-operate assessments critical.
2. International Patent Families
Given South Korea's active pharmaceutical patenting environment, there’s substantial overlap with patents filed in PCT (Patent Cooperation Treaty) applications, especially in jurisdictions like the U.S., China, and Europe.
If the patent’s core compound or method exhibits significant therapeutic potential, filing for patent protection across key markets is common. Analyzing international patent databases reveals whether KR101016569 reflects an initial filing or is part of a broader patent family.
3. Patent Expiry and Life Cycle
Filed in 2008 and granted in 2010, assuming a 20-year term, patent protection should last until circa 2028 unless extensions or supplementary protections are sought. The expiration window influences the competitive landscape and generic entry timing.
Implications for Stakeholders
1. For Innovators
The patent provides a strong foothold in South Korea’s pharmaceutical market, especially if the claims are broad and cover novel compounds or methods. However, if the claims are narrowly constructed, competitors might design around by modifying substituents or synthesis routes.
2. For Generic Manufacturers
The scope and validity of claims inform the risk of infringing on KR101016569. Broad claims might inhibit entry into the market until patent expiry.
3. For Patent Counters
Monitoring similar patents and analyzing claim overlaps are essential for developing around strategies or challenging weak claims during patent litigation.
Future Patent Strategies
- Prophylactic and Combination Claims: Broaden claims to include combination therapies or prophylactic uses.
- Formulation Patents: Innovate improved formulations to extend market exclusivity.
- Liquid or Delivery Systems: Pollinate claims toward novel delivery mechanisms, such as nanoparticle carriers.
Key Takeaways
- Scope Clarity: Patent KR101016569 primarily claims a chemical entity and its therapeutic use, with potential for broad coverage via structure and use claims but susceptible to design-around strategies if claims are narrowly drafted.
- Landscape Position: It exists within a competitive sector featuring numerous similar patents, emphasizing the importance of strategic patent family development.
- Lifecycle Implication: The patent’s expiration around 2028 offers a window for commercialization and generic entry planning.
- Strategic Importance: Innovators must continually update claims to encompass evolving chemical derivatives and delivery systems to maintain market advantage.
- Legal Vigilance: Regular patent landscape analysis is essential to mitigate infringement risks and identify licensing opportunities.
FAQs
Q1: What is the primary focus of patent KR101016569?
A: It primarily claims a novel chemical compound or pharmaceutical formulation with therapeutic application, including methods of synthesis and use in disease treatment.
Q2: How broad are the claims typically in such patents?
A: The scope varies; independent claims usually outline the core structure or method broadly, while dependent claims add specific details, potentially limiting scope.
Q3: How does the patent landscape impact future drug development?
A: It influences the freedom-to-operate, prompting innovators to design around existing patents or develop new derivatives and delivery systems to avoid infringement.
Q4: When will the patent likely expire, and what does it mean for competitors?
A: Assuming no extensions, expiration is anticipated around 2028, opening the market for generics and biosimilars, assuming patent validity is maintained.
Q5: What strategic steps should patent holders consider?
A: Patent holders should pursue continuous innovation, file international patent applications, and consider secondary or formulation patents to prolong market exclusivity.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR101016569.
[2] WIPO Patent Abstracts. South Korean Patent Landscape Reports.
[3] PatentScope. International patent applications related to chemical pharmaceuticals.
[4] World Patent Data. Trends in South Korean pharmaceutical patent filings.
[5] FDA and KFDA drug approval databases—correlating patent data with market approvals.
