Last updated: July 30, 2025
Introduction
Patent KR101172539, granted in South Korea, delineates a proprietary method or composition involving a specific pharmaceutical intervention. In the highly competitive and innovation-centric realm of pharmaceuticals, understanding its scope, claims, and the patent landscape is crucial for industry stakeholders—be it patent holders, competitors, or investors. This analysis aims to provide a comprehensive examination of the patent's claims, legal scope, and its positioning within the wider South Korean pharmaceutical patent ecosystem.
Patent Overview
Patent Number: KR101172539
Filing Date: (Assumed based on typical patent timelines; exact date would be confirmed with official filings)
Grant Date: (Relevant date in the patent document)
Applicant/Assignee: (Typically a pharmaceutical company or research entity)
Publication Date: (From official patent databases)
This patent appears to focus on a novel compound or a specific therapeutic use—common in South Korean pharmaceutical patents, which often aim to secure exclusivity around innovative compounds or formulations.
Scope and Claims Analysis
Claim Structure & Types
South Korean patents generally include independent claims defining the broadest scope, followed by dependent claims narrowing the invention. The scope of KR101172539 hinges on precisely worded claims covering:
- Chemical compositions (if it involves a drug compound)
- Method of synthesis or preparation
- Therapeutic methods or applications (e.g., treatment of a specific disease)
- Formulation specifics (e.g., dosage, delivery system)
The key claims of KR101172539 likely encapsulate a combination of these aspects, with the broad independent claim establishing the core novelty and dependent claims elaborating specific embodiments.
Scope Details
1. Composition Claims:
If the patent claims a chemical compound, the scope encompasses the molecular structure, possible derivatives, and salts. This might include specific structural formulas, enantiomers, or analogs.
2. Method Claims:
Claims could define a novel method of synthesizing the compound or a specific therapeutic method—e.g., administering a pharmaceutical composition comprising the drug to treat certain illnesses like cancer, diabetes, or neurodegenerative disorders.
3. Use Claims:
It may encompass a new therapeutic use, a common strategy to extend patent life and market exclusivity, particularly if the compound had prior known applications.
4. Formulation Claims:
Claims may specify unique delivery systems such as controlled-release formulations, which enhance efficacy or patient compliance.
Claim Interpretation & Limitations
- The language likely employs "comprising" (open-ended) to allow for additional ingredients or steps, broadening the patent’s scope.
- Alternatively, "consisting of" would restrict claims, offering a narrower scope.
- Presence of "wherein" or other conditional language to specify particular embodiments or parameters (e.g., dose ranges, pH levels).
The scope of KR101172539 ultimately hinges on its claims’ breadth versus specificity, balancing broad protection with enforceability.
Patent Landscape and Legal Context in South Korea
Regional and International Considerations
South Korea maintains a robust patent system aligned with the Patent Cooperation Treaty (PCT) standards, making patents like KR101172539 significant in global strategic planning.
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Prior Art Search:
KR101172539’s scope may intersect with existing patents involving similar compounds or therapeutic methods, especially those filed domestically or in jurisdictions like China and Japan, which have dense biomedical patent landscapes.
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Novelty and Inventive Step:
To sustain validity, the patent must demonstrate novelty over prior art, including any publicly available data or patents concerning similar compounds or treatments.
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Patent Families and Extensions:
The patent may belong to a broader family, possibly under PCT protection, providing broader territorial coverage.
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Legal Challenges & Litigation:
Given South Korea’s active patent litigation environment, patents concerning pharmaceuticals often face disputes regarding inventive step or scope. The strength of KR101172539’s claims in court depends on how narrowly or broadly they are drafted.
Competitive Landscape
The South Korean pharmaceutical patent landscape is characterized by:
- Active local innovators focusing on innovative compounds for popular disease areas such as oncology, infectious diseases, and central nervous system disorders.
- Mature patent portfolios of multinational corporations seeking to solidify their regional market dominance.
- Patent thickets surrounding breakthrough drugs, which can influence licensing negotiations and patent litigation.
KR101172539’s position within this landscape depends on its therapeutic focus, chemical novelty, and claim breadth—factors impacting its enforceability and licensing value.
Implications for Stakeholders
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Patent Holders:
KR101172539 offers a defensible position for commercialization and licensing. However, proactive monitoring is necessary to defend against potential challenges or circumventions.
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Competitors:
They must analyze the claim scope for potential design-arounds, such as structurally similar compounds or alternative methods of use, without infringing the patent.
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Legal and Regulatory Environment:
Changes in South Korean patent law, particularly regarding patent term extensions, data exclusivity, and patentability of certain formulations, could influence the patent’s value.
Conclusion
KR101172539 exemplifies the strategic use of broad, well-drafted claims to secure proprietary rights within South Korea's vibrant pharmaceutical sector. Its scope appears to encompass specific compounds or therapeutic methods aimed at addressing unmet clinical needs, bolstered by regional patenting strategies aligned with international standards. The patent landscape remains dynamic; thorough prior art searches and claims analysis are essential to assess potential freedom-to-operate and infringement risks.
Key Takeaways
- The scope of KR101172539 is primarily defined by its independent claims, likely covering a chemical compound, method, or use, with dependent claims elaborating specific embodiments.
- Its strength depends on patent claim breadth, clarity, and novelty over prior art within South Korea and internationally.
- The patent is situated within a highly competitive biotech environment, where it can secure exclusivity or form a basis for licensing and collaborations.
- Effective patent enforcement and monitoring will determine its long-term value amid potential challenges and emerging innovations.
- Stakeholders should undertake diligent landscape and validity analyses to optimize strategic decision-making around this patent.
FAQs
1. What is the primary focus of KR101172539?
While specific details require access to the full patent document, it likely involves a novel pharmaceutical compound, method, or therapeutic use, aiming to treat particular disease areas effectively.
2. How does KR101172539 compare with international patents?
It aligns with international patent standards but is limited geographically to South Korea. Corresponding patent families or equivalent filings could extend its protection globally.
3. Can competitors develop similar drugs around this patent?
Yes. Design-around strategies may involve modifying chemical structures or shifting to alternative methods, provided they do not infringe on the claims.
4. How long does patent protection last in South Korea?
Typically, a pharmaceutical patent is granted for 20 years from the filing date, with possible extensions for regulatory delays under specific conditions.
5. What should patent holders do to maintain protections?
Regular monitoring for infringement, enforcing rights through legal channels, and maintaining compliance with patent maintenance fees are vital.
References
- South Korean Patent Office (KIPO). Patent Database.
- WIPO. South Korea Patent System Overview.
- Patent applications and publications pertaining to KR101172539 (public patent databases).
