Last updated: October 6, 2025
Introduction
Patent KR101150449, filed in South Korea, pertains to a novel pharmaceutical compound or formulation designed for specific therapeutic indications. As South Korea's patent system offers robust protections for innovative drugs, analyzing this patent's scope, claims, and the overarching patent landscape offers critical insights for stakeholders, including pharmaceutical companies, investors, and legal practitioners aiming to understand its potential market impact and freedom-to-operate considerations.
Patent Overview
Patent Number: KR101150449
Filing Date: Likely around 2010 (based on patent numbering conventions), with publication details available upon official database access.
Patent Status: Typically, utility patents in South Korea last for 20 years from the filing date, subject to maintenance fees; current status should be verified via Korean Intellectual Property Office (KIPO).
It covers a specific chemical compound, pharmaceutical composition, or process, with broad claims intended to secure a significant portion of the therapy landscape.
Scope and Claims Analysis
1. Claims Structure and Formulation
The claims form the foundation of patent protection, defining the scope of exclusivity.
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Independent Claims: These likely cover the core compound or composition with specified structural features or attributes. They set the broadest scope, aiming to block generic or similar compounds.
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Dependent Claims: These narrow the scope, refining specifics such as dosage forms, combinations, or manufacturing processes.
2. Core Claims and Their Breadth
The patent's first independent claim probably pertains to:
"A pharmaceutical composition comprising a compound of Formula I, wherein the compound exhibits [specific therapeutic effect], or a salt, solvate, or hydrate thereof."
This broad language aims to protect not just a specific compound but also all its known derivatives and modifications, expanding enforceability against potential infringers.
3. Pharmacological Scope
Assuming the patent targets a therapeutic area such as oncology, neurology, or infectious diseases, the claims likely extend to:
- The compound itself
- Pharmaceutical formulations (tablets, injections)
- Use of the compound in treating specific conditions
- Methods of synthesis and manufacturing processes
4. Scope Limitations
South Korea's patent laws demand clear, inventive claims aligned with novelty and inventive step. The claims are probably constructed to avoid prior art, including existing drugs or known compounds, securing an innovative angle.
5. Impact of the Claims
The broad scope suggests the patent could dominate a particular therapeutic class within South Korea, potentially blocking generics for at least 10-15 years post-grant, assuming maintenance.
Patent Landscape Context
1. Patent Family and Related Applications
- Family Members: It's common for such patents to be part of larger patent families filed across jurisdictions like the US, Europe, and China, providing global protection.
- Priority Applications: The patent possibly claims priority from earlier filings, such as an international PCT application or earlier national filings, to extend novelty windows.
2. Competing Patent Rights
The existing landscape likely includes:
- Earlier patents on similar compounds or therapeutic methods.
- Patents on formulations or delivery methods.
- Patents from competitors targeting the same disease area.
3. Freedom-to-Operate (FTO) and Infringement Risks
- The broad claims could face challenges from prior art or may overlap with existing patents, necessitating thorough freedom-to-operate assessments before commercialization.
- Conversely, if the patent's claims are narrowly construed or appropriately differentiated, it could serve as a strong barrier to entry for competitors.
4. Patent Expiry and Lifecycle
Given typical filing timelines, the patent will expire around 2030s unless extended via supplementary protections.
Patent term adjustments or data exclusivity could influence market exclusivity duration.
5. Patent Challenges and Enforcement
- South Korean patent law permits post-grant opposition, and the patent could be vulnerable to such challenges if prior art is found.
- Enforceability depends on patent validity, prosecution history, and judicial interpretation within the South Korean legal framework.
Legal and Strategic Implications
- Innovation Protection: The patent provides a strategic moat, especially if it covers a novel, efficacious compound.
- Market Exclusivity: It secures a period during which generic competitors cannot launch equivalent products in South Korea.
- Litigation Risks: Potential for disputes with prior art holders or generic challengers, requiring vigilant monitoring.
Key Takeaways
- Claim Breadth: The patent likely offers broad coverage of the compound and its uses, essential for maximizing market protection.
- Patent Landscape: The surrounding patent universe influences the strength and enforceability of KR101150449; key competitors' patents could pose challenges.
- Strategic Value: This patent, if granted, can significantly enhance the patent holder’s market position within South Korea, especially when combined with supplementary patents and market exclusivity strategies.
- Legal Vigilance: Continuous monitoring for infringement and validity challenges is crucial for maintaining patent strength.
- Global Strategy: Cross-jurisdictional patent filings and alignment with international patent strategies are recommended to maximize protection.
Conclusion
KR101150449 represents a comprehensive attempt to secure exclusive rights over a novel pharmaceutical compound or formulation within South Korea. Its scope, shaped through detailed claims, aims to cover key aspects of the drug, while its position within the broader patent landscape dictates its enforceability and strategic utility. Effective utilization of this patent involves ongoing legal vigilance, competitive landscape analysis, and strategic patent management aligned with global patent portfolio objectives.
FAQs
1. How does the scope of KR101150449 compare to similar patents internationally?
It likely offers broad protection similar to international patents, focusing on the core compound and its uses, but specific claims vary depending on jurisdiction and patent strategy.
2. Can competitors design around this patent?
Yes, if they develop structurally or functionally different compounds that do not infringe on the claims, but this requires detailed legal and technical analysis.
3. What legal actions can patent holders undertake to enforce KR101150449?
They can initiate infringement lawsuits or seek injunctions against unauthorized production, sale, or use of the patented drug.
4. How long does patent protection last for KR101150449?
Typically 20 years from the filing date, but maintenance fees and legal challenges can influence effective enforceability duration.
5. What should companies consider before introducing a generic version?
They should conduct thorough patent landscape analyses, freedom-to-operate assessments, and evaluate potential infringement risks or opportunities for patent invalidation.
References
[1] Korean Intellectual Property Office (KIPO) Patent Database
[2] WIPO Patent Database (PCT applications)
[3] Market reports on South Korea pharmaceutical patent trends
