Last updated: August 2, 2025
Introduction
Patent KR101141508, granted by the Korean Intellectual Property Office (KIPO), pertains to a pharmaceutical invention. Understanding its scope, claims, and surrounding patent landscape is critical for stakeholders—be it pharmaceutical companies, generic drug manufacturers, or legal professionals—to navigate South Korea’s vibrant intellectual property (IP) environment. This analysis delivers an in-depth review, elucidating the patent’s coverage, strategic positioning, and competitive context.
Patent Overview and Context
Patent KR101141508 was filed with the intent to protect a specific pharmaceutical invention, likely centered on an active compound, formulation, or method of use. South Korea’s patent system generally emphasizes the protection of chemical and pharmaceutical innovations in accordance with global standards, making it a strategic jurisdiction for drug patent protection, especially for products targeting both domestic and Asian markets.
While detailed content of the patent itself is required for precise interpretation, typical pharmaceutical patents encompass claims on:
- Novel chemical compounds or analogs,
- Manufacturing processes,
- Formulation techniques, and
- Therapeutic methods.
The protection scope depends heavily on how broad or narrow the claims are drafted.
Scope of the Patent: Legal and Technical Dimensions
Claims Structure and Breadth
The scope of KR101141508 hinges on its claims, which define the legal boundary of patent rights. Patent claims are typically either product claims (covering specific compounds or formulations), process claims (detailing production methods), or use claims (covering methods of treatment).
- Product Claims: These provide exclusive rights on the compound itself. If the patent claims a novel chemical entity, its structural formula, and specific characteristics, then it offers strong protection against direct copycats.
- Method or Use Claims: These extend rights to specific medical applications or therapeutic methods, often used in combination with product claims.
Claim Language and Specificity: The degree of claim broadness/originality critically impacts enforcement. Broad claims cover more ground but are more susceptible to invalidation if prior art surfaces, whereas narrow claims provide more precise protection for a specific compound or usage.
Key Claim Elements (Hypothetical)
Based on existing patent conventions, typical claims in similar patents cover:
- The chemical structure or stereochemistry of an active compound.
- An improved synthesis process.
- A pharmaceutical composition comprising the active ingredient.
- A therapeutic method involving the drug.
In the case of KR101141508, a focus on active compound characterization and specific therapeutic use is likely.
Claims Analysis: Critical Features
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Novelty and Inventive Step:
The patent’s claims likely hinge on a novel compound, its stereochemistry, or a unique synthesis route that confers improved efficacy or reduced side effects. For valid patentability, these features must be non-obvious over prior art.
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Scope of Claims:
- If broad, they unaidedly cover a class of compounds or uses, offering strategic leverage.
- Narrow claims limit protection but may be more defensible against invalidation.
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Defensive Strategies:
- Claims may explicitly exclude known compounds, focusing on specific structural modifications.
- Combination claims may protect a formulation with synergistic effects.
Patent Landscape in South Korea for Pharmaceuticals
The patent environment for pharmaceuticals in South Korea is competitive and robust, characterized by:
- A high volume of patent filings related to chemical entities and medicinal applications.
- Active patent litigation concerning patent validity, particularly targeting claim breadth.
- Strategic filings spanning multiple jurisdictions, including the US, Europe, and China, alongside South Korea.
Key players often include domestic firms like Hanmi Pharmaceutical and global giants such as Pfizer, Novartis, and Samsung BioLogics.
The landscape shows a trend toward incremental innovations—small modifications to existing compounds or formulations—to extend patent life or bypass existing patents.
Patent Thickets and Litigation Trends
South Korea’s legal framework permits patent challenges via write-offs and litigation, contributing to an intricate landscape where patent owners constantly defend or expand their rights through continuations and divisional applications. Notably, patent term extensions or supplementary protections, are not common in Korea but can be pursued via related patent applications.
Comparison with Global Patent Strategies
- In the US and Europe: Broader claims and formulations with multiple dependent claims are common.
- In South Korea: Patent examiners scrutinize novelty and inventive step strictly. Patent applicants frequently file for divisional applications to maintain claim scope in light of prior art rejections.
Patent KR101141508 likely aligns with a strategic local filing aimed at complementing international patent portfolios, granting market exclusivity domestically.
Legal Status and Enforcement
An enforceable patent hinges on:
- Validity: Confirmed through invalidity challenges or opposition proceedings.
- Infringement: Requires detailed comparison of accused products with the patent claims.
- Expiry: Usually 20 years from the filing date, unless adjustments or extensions are applicable.
Conclusion
Patent KR101141508 appears to provide targeted protection for a pharmaceutical compound or formulation, with scope likely centered on the chemical structure and/or specific therapeutic use. Its strength derives from claim specificity, strategic claim drafting, and alignment with South Korea’s diligence in patent examination.
Understanding its landscape requires awareness of the highly active patenting activity in the Korean pharmaceutical sector, characterized by incremental innovation and robust litigation. The patent’s enforceability and strategic value depend largely on how its claims stand against prior art and potential challengers.
Key Takeaways
- Scope clarity is paramount: Well-drafted claims that balance breadth and defensibility maximize patent utility.
- Strategic patent filings: KR101141508 likely forms a core part of a broader patent portfolio, essential for market exclusivity.
- Landscape vigilance: Monitoring patent challenges and competitor filings in South Korea can inform licensing, R&D, and legal strategies.
- Effective enforcement: Strong validity and infringement assessment remain critical to leveraging the patent’s commercial value.
- Continual innovation: Incremental modifications and secondary patents remain vital for maintaining competitive edges in Korea’s patent landscape.
FAQs
Q1: How does South Korean patent law impact pharmaceutical patent claims?
A1: South Korea enforces strict criteria for novelty and inventive step, requiring detailed and specific claims to ensure patent validity, especially for chemical and pharmaceutical inventions.
Q2: Can broad claims in KR101141508 be enforced against generics?
A2: If the claims are sufficiently broad and valid, they can prevent generic entry; however, overly broad claims are vulnerable to invalidity challenges or carve-outs.
Q3: How does the patent landscape affect drug development in Korea?
A3: A competitive and active patent environment encourages innovation but also necessitates careful patent strategy to avoid infringement and defend rights.
Q4: What are common challenges faced in defending pharmaceutical patents in South Korea?
A4: Challenges include prior art rejections, claim validity disputes, and patent infringement assertions, often requiring ongoing litigation and patent prosecution efforts.
Q5: How do patent strategies differ between domestic and international filings in Korea?
A5: While domestic filings focus on strong, valid claims tailored to local legal standards, international filings, including PCT applications, aim to secure broader global protection, with subsequent national phase strategies in Korea emphasizing claim robustness and landscape analysis.
Sources Cited
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] Patent KR101141508 - Public records.
[3] KIPO Examination Guidelines for Pharmaceutical Inventions.
[4] WIPO Patent Landscape Reports for South Korea.
