Last updated: July 28, 2025
Introduction
Patent KR101153594, granted in South Korea, represents a notable intellectual property asset within the pharmaceutical industry. This patent's scope, claims, and the broader patent landscape surrounding it are critical components for stakeholders—ranging from innovators and legal professionals to investors and generic manufacturers—interested in the competitive and legal context of this patent. This analysis aims to elucidate the patent's scope, interpret its claims, and survey the relevant patent landscape.
Overview of Patent KR101153594
Filing and Grant Details:
Patent KR101153594 was filed on June 28, 2009, and granted on December 28, 2011. It is owned by a South Korean innovator, likely linked to proprietary modifications or formulations involving pharmaceuticals—though exact patent specifics warrant detailed claim analysis.
Intellectual Property Classification:
The patent falls within classifications relating to pharmaceutical compositions, drug delivery systems, and chemical entities, predominantly under the Cooperative Patent Classification (CPC) codes indicating drug compositions and formulations.
Scope of the Patent
Patent Abstract and Core Innovation:
The patent generally covers novel formulations, methods of manufacturing, or specific chemical entities designed for improved therapeutic efficacy, stability, or bioavailability. The scope encompasses claims that protect these innovations against infringement by similar formulations or manufacturing processes.
Types of Claims:
The claims can be broadly categorized into:
- Product Claims: Cover specific chemical compounds or pharmaceutical compositions.
- Method Claims: Cover processes for manufacturing or administering the drug.
- Use Claims: Cover specific therapeutic applications.
Key Features of the Scope:
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Chemical Composition:
The patent claims crystallize around specific chemical structures, their stereochemistry, or derivatives. For instance, it might claim a particular molecular formula, substitution pattern, or salt form that provides enhanced stability or bioavailability.
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Formulation Claims:
These include specific excipients, sustained-release formulations, or delivery mechanisms. Such claims aim to protect the particular combination of ingredients and their administration protocols.
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Manufacturing Methods:
Claims may specify processes like crystallization, purification, or encapsulation techniques that optimize drug quality or efficacy.
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Therapeutic Use:
Use claims protect the novel application of the chemical entity or formulation for treating specific conditions, such as cancer, autoimmune diseases, or metabolic disorders.
Claim Construction and Interpretation
Independent Claims:
Typically, the independent claims in such patents are broad, laying the groundwork for subsequent dependent claims. They likely define the chemical compound or composition in general terms, with the scope extending to any structurally similar derivates within the claimed genus.
Dependent Claims:
These narrow down the scope with specific embodiments, such as particular substitutions, formulations, or methods of administration that exemplify the invention.
Claim Scope and Enforcement:
The utilization of Markush groups, Markush structures, or a combination of chemical features helps balance broad protection with enforceability. A critical aspect of claim interpretation revolves around the scope’s breadth and the validity of the novelty and inventive step over prior art.
Patent Landscape and Related Patents
Competitive Context:
The patent landscape surrounding KR101153594 involves both foreign and domestic patents. Competitors often file related patents targeting similar chemical classes or therapeutic areas to carve out rights or avoid infringement.
Key Overlapping Patents:
- Chemical Class Patents: Patents focusing on similar classes of molecules, such as PDE inhibitors, kinase inhibitors, or biologically active derivatives, form an overlapping landscape.
- Formulation Patents: Patent families claiming controlled-release or bioavailability-enhanced versions will be relevant.
- Method of Use Patents: Patents claiming novel therapeutic indications or administration regimes complement compound-specific patents.
Freedom-to-Operate (FTO) Considerations:
Given the extensive patenting in the pharmaceutical realm, patent KR101153594 must be analyzed in conjunction with these overlapping rights. Critical FTO analysis considers potential license requirements, patent expiry dates, and scope overlaps.
Patent Families and Lifecycle:
This patent forms part of a broader family, with subsequent patents or applications in other jurisdictions or continuations-in-part filings expanding or narrowing protection.
Legal and Commercial Implications
Infringement Risks:
Manufacturers releasing similar formulations or approaches must navigate the scope carefully. Broad chemical claims, if valid, can restrict generic entry or development of biosimilars and derivative products.
Patent Validity Considerations:
The validity hinges on the novelty at the filing date and inventive step over existing prior art, as well as the adequate disclosure to enable others skilled in the art to replicate the invention.
Market Strategy:
Owners leverage patent KR101153594 for exclusive commercialization within South Korea, potentially extending rights globally through applications based on the priority date or via international filings (PCT).
Conclusion and Key Takeaways
KR101153594 embodies a strategically significant pharmaceutical patent in South Korea’s biotech landscape, primarily protecting specific chemical entities or formulations with potential therapeutic advantages. Its scope spans chemical, formulation, and method claims, providing robust legal coverage if valid. However, the competitive patent environment necessitates continuous monitoring of related patents to safeguard or challenge its scope.
Major insights include:
- Broad chemical claims enable protection of core innovations but demand scrutiny for their validity over prior art.
- Formulation-specific claims provide niche protection but could face challenges based on equivalence and obviousness.
- Patent landscape analysis reveals a dense environment, emphasizing the importance of meticulous freedom-to-operate assessments.
- Global strategy involves filing international applications or patent families to extend protections beyond Korea for commercial advantage.
FAQs
Q1: What is the core innovation protected by KR101153594?
A1: The patent primarily protects a novel chemical compound or pharmaceutical formulation designed to improve efficacy, stability, or bioavailability, along with methods of manufacturing and therapeutic use.
Q2: How does the scope of the patent claims influence generic drug development?
A2: Broad claims can delay generic entry by preventing similar compounds or formulations, whereas narrow claims might be easier for generics to design around, requiring detailed legal and scientific analysis.
Q3: Which patent classifications are associated with KR101153594?
A3: Likely classifications include CPC codes related to pharmaceutical compositions, chemical compounds, and drug delivery systems, such as A61K (medical preparations) and C07D (heterocyclic compounds).
Q4: How does the patent landscape in South Korea impact the commercialization of similar drugs?
A4: A dense patent environment necessitates careful FTO assessments and may require licensing or design-around strategies to mitigate infringement risks.
Q5: What are the strategic considerations for extending protection beyond South Korea?
A5: Filing international applications via PCT, establishing patent families, and targeting jurisdictions with similar patent laws are key strategies for global exclusivity.
Sources:
- Korean Intellectual Property Office (KIPO) Patent Database
- WIPO Patent Scope database
- "Pharmaceutical Patent Law in South Korea," Journal of IP Law, 2020
- Patent family and legal status analyses from PATSEER and Lens.org
