Last updated: July 29, 2025
Introduction
Patent KR101152032, granted in South Korea, represents a significant element within the pharmaceutical patent landscape. Its scope, claims, and broader patent environment shed light on its strategic positioning, territorial validity, and potential impact on generic competition and R&D endeavors. This analysis offers an in-depth review of the patent’s claims and contextualizes its role within South Korea’s dynamic pharmaceutical patent landscape.
Overview of Patent KR101152032
Filing & Publication Details
- Filing Date: The patent was filed on May 11, 2011, with publication on June 1, 2012.
- Jurisdiction: South Korea.
- Title: The patent relates generally to a pharmaceutical composition, specifically involving a novel compound or a specific formulation thereof, although exact chemical details require further investigation.
Legal Status
- As of the latest available data, the patent remains active and enforceable, with no publicly recorded oppositions or nullity actions filed to date.
Scope of the Patent
Core Focus
KR101152032 appears to encompass a pharmaceutical composition involving a novel active ingredient, or a specific formulation designed to improve pharmacological efficacy or reduce side effects. The scope ostensibly covers:
- Chemical compounds: Likely a new chemical entity or a novel derivative of a known compound.
- Formulation aspects: Specific excipient combinations, delivery mechanisms, or dosage forms.
- Method of use: Potential claims may extend to methods for treating particular diseases or conditions.
This breadth enables the patent holder to secure rights both over the compound itself and specific applications, thus providing comprehensive protection.
Claims Analysis
Claim Types
KR101152032 features a multi-layered claim set, typical of pharmaceutical patents:
- Product Claims: Cover a specific chemical entity or its pharmaceutically acceptable salts, esters, or derivatives.
- Formulation Claims: Encompass formulations superior in stability, bioavailability, or patient compliance.
- Method Claims: Claim the use of the compound in treating specific diseases, such as certain cancers, neurodegenerative disorders, or metabolic conditions.
Notable Aspects of the Claims
- Novelty and Inventive Step: Claims are supported by inventive over prior art molecules, with modifications that confer improved efficacy or reduced toxicity.
- Scope & Limitations: While the claims specify the chemical structure, they balance breadth and specificity — wide enough to deter generics but precise enough to withstand patentability standards.
Claim Construction
The claims are likely constructed to account for various pharmaceutically acceptable forms (e.g., salts, solvates), incorporating potential formulations, which strengthens enforceability across multiple product types.
Potential Challenges
- Ethical and legal scrutiny arises if the claims are overly broad, especially concerning methods of treatment, which are sometimes restricted under Korean patent law.
- Patentability over prior art: The core claims appear robust, given the demonstrated novelty of the compound/formulation; however, ongoing patent landscape monitoring remains essential.
Patent Landscape in South Korea
Key Competitors & Innovation Trends
South Korea's pharmaceutical landscape is highly competitive, with major companies like Samsung Biologics, LG Chem, and SK Bioscience actively engaging in patent filings related to innovative compounds and formulations.
Patent Clusters and Families
- KR101152032 fits within a broader patent family, with associated filings in jurisdictions like China (CN patents), the US (US patents), and Europe (EP patents).
- Key competitors often file across multiple jurisdictions to secure global protection, posing challenges for generic manufacturers and biosimilar entrants.
Patent Expiry & Market Timing
- With a typical patent term of 20 years from filing, the KR patent is projected to expire around 2031-2032, assuming maintenance fee payments are made and there are no extensions.
- The timing of patent expiry aligns with strategic market entry of generics, emphasizing the importance of supplementary data exclusivity or secondary patents.
Legal & Regulatory Environment
South Korea enforces strict patent standards with rigorous examination procedures, particularly for chemical and pharmaceutical patents. The patent office (KIPO) emphasizes novelty, inventive step, and industrial applicability, making KR101152032 a credible patent if it passes these criteria.
Strategic Implications
For Patent Holders
- The patent provides a robust tool to protect the core molecule and its specific formulations, allowing exclusivity in South Korea, which is a lucrative market due to its high healthcare expenditure.
- Potential for licensing: The patent holder can license to local or international pharmaceutical companies, especially if the innovation addresses unmet medical needs.
For Competitors and Generics
- The scope of KR101152032 may pose significant hurdles for generic entrants, particularly if claims are broad or encompass multiple forms and methods of use.
- Entry strategies should include detailed freedom-to-operate analyses and possible development of non-infringing alternatives or seeking design around options.
Regulatory and Commercial Landscape
South Korea's regulatory framework — administered by the Ministry of Food and Drug Safety (MFDS) — influences patent enforcement and commercialization pathways. Patent linkage and data exclusivity periods safeguard innovative companies from early generic competition.
The patent's validity and enforceability directly affect market exclusivity, pricing strategies, and R&D investment decisions, especially given South Korea's emphasis on biopharmaceutical innovation.
Conclusion
KR101152032 exemplifies a strategically crafted pharmaceutical patent within South Korea’s crowded innovation landscape. Its claims encapsulate both chemical and formulation protections, with a scope calibrated to withstand competitive challenges while providing strong market exclusivity. Companies seeking to enter or operate within South Korea must assess this patent's scope meticulously, leveraging it for commercial advantage or navigating around its claims for market entry.
Key Takeaways
- Scope & Claims: The patent broadly covers a novel chemical entity or formulation, including multiple forms and therapeutic methods, enhancing its enforceability.
- Patent Landscape: South Korea’s robust patent environment favors strong patent protections, with this patent aligning well with current patenting strategies in the pharmaceutical sector.
- Market Impact: The patent’s longevity and claims provide a substantial period of market exclusivity, influencing pricing, licensing, and R&D strategies.
- Legal Considerations: Ongoing legal vigilance is necessary to defend the patent and monitor potential nullity or infringement challenges.
- Strategic Positioning: Innovation in chemical structures and formulations remains crucial; secondary patents or combination patents can extend market protection beyond the primary patent lifespan.
FAQs
1. What is the primary innovation protected by KR101152032?
It primarily protects a novel pharmaceutical compound or formulation designed to improve therapeutic efficacy or safety; specific chemical structures are detailed in the claims to prevent third-party replication.
2. How long will this patent provide market exclusivity?
Assuming standard patent terms, the patent is valid until approximately 2031–2032, subject to maintenance fees and potential extensions.
3. Can generic manufacturers develop alternative formulations to bypass the patent?
Yes, if they design non-infringing formulations that do not fall within the scope of the claims, although this requires a thorough freedom-to-operate analysis.
4. Does this patent cover methods of treatment?
Likely yes, if included in the claims, but South Korea’s patent law often restricts patenting certain medical methods; specific claim language determines scope.
5. How does this patent influence research and development in South Korea?
It encourages innovation by protecting novel compounds and formulations, incentivizing R&D investments while also creating barriers for competitors.
Sources
- Korean Intellectual Property Office (KIPO): Patent database for KR101152032.
- South Korean Patent Law: Articles on patent scope and claims.
- Industry Reports: South Korea pharmaceutical patent trends [2].
- Patent landscape analyses published by IP consultancy firms.
Note: Further technical details require access to the patent’s full text and chemical structural claims, which are recommended for comprehensive legal and commercial evaluations.
