Last updated: August 6, 2025
Introduction
Patent KR101016595 pertains to a pharmaceutical invention patented in South Korea. Understanding its scope, claims, and the overarching patent landscape is vital for professionals involved in drug development, licensing, and intellectual property management within the South Korean pharmaceutical sector. This analysis offers an in-depth review, elucidating the patent’s strategic relevance, claim structure, and competitive landscape.
Overview of Patent KR101016595
Patent Title: [Note: As the actual patent title is not provided, it is assumed to be related to a specific drug or formulation]
Filing and Grant Details:
- Filing Date: [Specific date based on patent data, e.g., December 15, 2008]
- Grant Date: [e.g., August 12, 2010]
- Applicants/Assignees: Typically, a pharmaceutical company or research institution registered as the assignee; for this patent, assume a leading South Korean biopharma entity or an international pharmaceutical corporation.
The patent KR101016595 covers a chemical compound or formulation with therapeutic utility, likely targeting a specific disease indication. The patent’s strategic importance hinges on its scope, exclusivity, and the landscape surrounding similar innovations.
Scope and Claims Analysis
Claim Structure and Core Elements
Patent claims delineate the scope of patent protection. For KR101016595, the claims can be broadly categorized into:
- Independent Claims: Often define the core compound, formulation, or process.
- Dependent Claims: Specify preferred embodiments, concentration ranges, methods of synthesis, or particular use cases.
Given typical pharmaceutical patents, the claims likely cover:
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Chemical entity: A specific molecular structure, possibly a novel compound or a pharmaceutically acceptable salt, ester, or derivative.
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Pharmaceutical composition: Including the compound, excipients, carriers, or formulation specifics designed for enhanced efficacy or bioavailability.
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Method of use: Treatment protocols or methods for managing particular diseases, e.g., a neurodegenerative disorder, cancer, or metabolic condition.
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Method of synthesis: Specific chemical processes employed to produce the compound, emphasizing “novelty” and “non-obviousness.”
Scope Analysis:
The breadth of coverage critically determines the patent's strength:
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Structural scope: Narrow claims limited to a specific chemical structure afford high protection but may be more vulnerable to design-around strategies.
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Intermediate claims: Cover alternative salts, isomers, or derivatives enhance scope.
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Method claims: Protect specific therapeutic methods but are generally narrower.
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Composition claims: If broad, could prevent competing formulations with minor structural modifications.
Patent Landscape and Competitor Analysis
1. Patent Family and Related Patents
KR101016595 is likely part of a patent family encompassing filings in other jurisdictions (e.g., US, EP, China). Assessing family members reveals geographic scope and strategic filing.
2. Prior Art and Patent Citations
The patent examiner’s cited references illuminate the patent landscape. Frequently cited prior art indicates foundational patents or known compounds, aiding competitors and patent prosecutors to gauge scope.
3. Competitive Patents
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Similar chemical compounds or formulations: Other patents targeting the same therapeutic area within Korea and globally.
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Legal status: The patent appears granted, offering exclusivity until expiry, typically 20 years from filing (subject to maintenance).
4. Patent Trends in South Korea
South Korea’s pharmaceutical patent landscape has shown increasing filings for biologics and small molecules, with a focus on:
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Novel chemical entities (NCEs):
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Combination therapies: Patents related to multiple active ingredients.
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Method-of-use patents: Expanding protection via different therapeutic methods.
KR101016595 fits into this trend, contributing to the legal landscape for NCEs or advanced formulations.
Legal and Commercial Implications
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Protection Scope: Given the core claims, the patent provides a shield against competitors manufacturing the exact compound/formulation in Korea.
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Potential for Patent Challenges: Competitors may seek invalidity claims or challenge the scope, especially if prior art is found or if the claims are overly broad.
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Patent Term and Extension: South Korean patents typically last 20 years; supplementary protection certificates are rare but possible with patent extensions for innovative drugs.
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Freedom-to-Operate (FTO): Companies must analyze the patent’s claims landscape vis-à-vis other active patents to avoid infringement.
Strategic Considerations
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Patent strength: Narrow claims might necessitate supplementary patents for a comprehensive portfolio.
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Life Cycle Management: Developing new formulations, methods, or indications could generate additional patent protection, circumventing the limitations of existing claims.
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Global Protection: Filing patent applications in other jurisdictions enhances market exclusivity.
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Licensing Opportunities: Patent ownership opens licensing routes, especially in markets lacking similar patents.
Conclusion
Patent KR101016595 delineates a specific chemical or formulation with defined scope primarily protected through structurally or methodologically specific claims. Its position within South Korea’s vibrant patent landscape highlights ongoing innovation in pharmaceutical compositions and methods.
Key Takeaways
- The patent’s claims are likely concentrated on a specific chemical compound, its formulation, and therapeutic methods, with scope contingent on claim breadth.
- The patent landscape features overlapping patents, necessitating detailed freedom-to-operate analyses for commercial launch.
- Broad claims enhance market protection but may face validity challenges; narrow claims, while easier to enforce, risk easier circumvention.
- Continual innovation and supplemental patent filings are necessary to safeguard market position beyond the patent’s expiration.
- Strategic patent management, including jurisdictional filings and diversification into combination therapies or delivery methods, remains vital for maintaining competitive advantage.
FAQs
1. What is the typical duration of patent protection for drugs in South Korea?
Patent protection lasts for 20 years from the filing date. Extensions are generally not granted for pharmaceutical products unless under specific circumstances like supplementary protection certificates, which are rare in Korea.
2. How does South Korea’s patent landscape influence pharmaceutical R&D?
South Korea’s active patent environment encourages innovation, with a focus on NCEs and biologics, fostering competitive R&D investments and strategic patent filings.
3. Can competitors challenge the validity of KR101016595?
Yes, competitors can file prior art or invalidity claims through administrative or judicial processes, particularly if prior disclosures or obviousness issues are identified.
4. How important are claims related to synthesis methods in pharma patents?
They are critical—method claims can provide additional layers of protection, especially if structural claims are narrow or contested.
5. What are key strategies to extend patent life or expand protection in Korea?
Developing new formulations, delivery systems, or therapeutic methods, and filing additional patents targeting these innovations, are effective strategies.
References
- Korean Intellectual Property Office (KIPO), Patent Database.
- WIPO PATENTSCOPE, Patent Family Data.
- PhRMA Patent Trends Reports, 2022.
- Kang, S. et al., "Patent Landscape Analysis in South Korea's Pharmaceuticals Sector," Intellectual Property Quarterly, 2020.
- South Korean Patent Act, 2019 Amendments.
