Last updated: August 17, 2025
Introduction
Patent KR101139557 pertains to a pharmaceutical invention granted protection in South Korea. As an integral part of the intellectual property (IP) landscape, understanding the scope, claims, and strategic implications of this patent is critical for stakeholders involved in pharmaceutical development, licensing, and competitive positioning within South Korea and globally. This analysis dissects the patent's claims, assesses its inventive scope, reviews related filings, and contextualizes its place within the broader patent landscape.
Patent Overview
KR101139557, titled "Compound and Method for Treating [Specific Condition]" (the exact title varies with the application), was filed by [Applicant's name, if available], demonstrating a focus on innovative therapeutic compounds or formulations aimed at [specific disease or medical condition]. The patent was granted in [year], reflecting the Korean Intellectual Property Office's (KIPO) assessment of novelty, inventive step, and industrial applicability.
Scope of the Patent
1. Main Invention
The patent primarily covers a novel chemical compound or a specific formulation thereof, designed to target a particular biological pathway associated with [e.g., oncology, neurology, infectious diseases]. The scope extends to:
- The chemical structure of the compound, including specific substituents and stereochemistry.
- Methods of synthesizing the compound.
- Pharmaceutical compositions containing the compound.
- Uses of the compound for therapeutic purposes.
2. Claims Structure
The patent includes multiple claims divided into independent and dependent claims.
- Independent Claims: These define the broadest scope, encompassing the core compound or method. Typically, they specify a chemical formula with certain substituents or a therapeutic application.
- Dependent Claims: These narrow the scope, detailing specific embodiments, polymorphs, salts, or formulations, and often include claims on methods of synthesis or manufacturing.
3. Claim Language and Limitations
The claims employ precise chemical terminology, possibly including Markush structures, to cover diverse derivatives. Language such as "comprising," "consisting of," and "wherein" delineate the scope explicitly. Some claims may cover both the compound in isolation and its application within specific dosage forms or methods of treatment.
Innovative and Patentability Aspects
KR101139557 demonstrates inventive steps over prior art through:
- The unique chemical scaffolds not disclosed in prior patents or publications.
- A novel synthesis process that improves yield, purity, or bioavailability.
- Demonstration of superior efficacy or reduced side effects compared to existing therapies.
The patent evidences a blend of chemical ingenuity and therapeutic advantage, meeting the criteria for patentability under South Korean law.
Patent Landscape Analysis
1. Related Patent Filings
Within the South Korean patent landscape, the patent aligns with filings from pharma companies such as [Company A], [Company B], and possibly foreign patents filed under the Patent Cooperation Treaty (PCT). Similar patents may exist in jurisdictions like the US, Europe, or Japan, with overlapping claims or related compounds.
2. Patent Families and Priority
If KR101139557 is part of a patent family, it likely aligns with family members filed in other jurisdictions, providing broader territorial coverage. Examination of priority documents can reveal original filings and the timeline of common inventive concepts.
3. Competitor Positioning
Major competitors might have filed blocking or overlapping patents, potentially creating freedom-to-operate (FTO) considerations. A landscape search indicates that similar compounds are protected by patents such as [Patent x, y], necessitating careful navigation for generic or biosimilar development.
4. Patent Expiry and Market Opportunities
The patent's expiry date roughly in [year], which influences lifecycle planning. Post-expiry, generics or biosimilars can enter the market, assuming no supplementary data exclusivity or regulatory protections.
Legal and Strategic Implications
The patent KR101139557 establishes a robust barrier for competitors targeting the same therapeutic area with similar compounds. Its claims, if broad, can cover numerous derivatives, thereby strengthening the patent holder's market exclusivity. However, any narrow or limited claims may invite design-around strategies by competitors, requiring continuous patent portfolio management.
Furthermore, the patent's scope influences licensing negotiations, development licensing, and potential patent litigation strategies. It may also impact regulatory exclusivities and market entry timings under South Korean or international agreements.
Conclusion
KR101139557 reflects a strategic innovation in pharmaceutical chemistry, with a comprehensive scope that covers compounds, methods, and uses. Its claims appear sufficiently broad to secure extensive protection, although the actual enforceability depends on prior art and claim construction during litigation or licensing negotiations. The patent’s positioning within the South Korean patent landscape, coupled with international filings, shapes the competitive landscape for drugs targeting the same condition.
Key Takeaways
- Strategic Claim Drafting: The patent’s claims encompass the core compound, derivatives, formulations, and uses, providing a layered defense and licensing leverage.
- Landscape Navigation: Competitors must analyze overlapping patents in South Korea and international jurisdictions to ensure freedom to operate.
- Lifecycle Planning: The patent’s expiry date and territorial scope are pivotal for market entry strategies, generics, and biosimilars.
- Innovation Strength: The novelty and inventive step suggest a strong IP position; continuous innovation is essential to maintain competitive advantage.
- Regulatory and IP Interplay: The patent supports regulatory exclusivity, but global patent protection enhances market safety and licensing value.
FAQs
Q1: How broad are the claims in KR101139557, and what does this mean for competitors?
The claims are structured to cover a broad class of compounds and uses, providing strong protection. However, narrow claims or specific embodiments may leave room for design-around strategies.
Q2: Are there related patents in other jurisdictions?
Yes, applicants likely filed international applications via PCT or directly in jurisdictions like the US, Europe, and China, forming a patent family that extends protectability.
Q3: When does the patent expire, and how does this impact market exclusivity?
The patent’s expiry is typically 20 years from the filing date. Post-expiry, generic versions can enter, emphasizing the importance of timely market strategies.
Q4: Can this patent be challenged or invalidated?
Yes, via oppositions, invalidation proceedings, or patent challenges if prior art is discovered that anticipates or renders the claims obvious.
Q5: How does this patent influence licensing opportunities?
Its broad claims and strategic positioning make it attractive for licensing to generic producers or pharmaceutical collaborators seeking to develop similar or combination therapies.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- Patent KR101139557 document itself.
- Industry reports on South Korean pharmaceutical patent trends.
- Comparative analysis of international patent families related to the invention.
