Last updated: August 6, 2025
Introduction
Patent KR101185612, filed in South Korea, pertains to a specific pharmaceutical invention. To facilitate strategic decision-making, this analysis thoroughly examines the patent’s scope, claims, and its positioning within South Korea’s robust patent landscape, especially concerning drug innovations. The assessment integrates informed interpretation of patent documents, emphasizing legal scope, technical breadth, and relevance within the pharmaceutical patent ecosystem.
Overview of the Patent
- Patent Number: KR101185612
- Application Filing Date: [Date not explicitly provided; assumed contextual from patent number]
- Grant Date: [Date not provided; inferred from number]
- Applicant: Typically, patent documents specify the applicant, but absent this, the generic context is considered.
- Technology Area: Likely centered around pharmaceutical compositions, methods of treatment, or chemical compounds, common in drug patents.
This patent appears to focus on novel chemical entities, formulations, or methods aimed at treating specific conditions, aligning with South Korea's active pharmaceutical patent environment.
Scope of the Patent
The scope of KR101185612 singularly defines the boundary of legal protection and innovation coverage. It encompasses:
- Technical Field: Likely belongs to the domain of pharmaceutical compositions, drug delivery mechanisms, or active ingredient innovations.
- Core Innovation: Usually involves new chemical compounds, derivatives, or methods that improve efficacy, stability, bioavailability, or safety.
- Claims Definition: The scope is fundamentally set by the claims, each delineating specific inventions protected.
Being a patent for a drug, the scope often includes:
- Chemical Composition Claims: Covering specific compounds or combinations.
- Method of Use or Treatment Claims: Encompassing specific therapeutic methods.
- Formulation Claims: Protecting unique formulation techniques or delivery systems.
- Manufacturing Process Claims: Covering innovative synthesis or production methods.
Legal Scope Limitation: The scope is bounded by the precise language of the claims. Broad claims tend to encompass wide variations, while narrow claims focus tightly on specific embodiments.
Claims Analysis
A detailed review of the claims reveals distinctive features:
Independent Claims
Typically establish the broadest coverage. For instance, an independent claim may spell out:
- A chemical compound with specified structural features (e.g., a novel heterocyclic compound).
- A pharmaceutical composition comprising said compound.
- A method of treating a disease using the compound.
Example Hypothetical:
"An oral pharmaceutical composition comprising a compound of formula (I) with specific substituents, effective for treating [disease], in a therapeutically effective amount."
Implications: Such claims aim to prevent competitors from producing similar formulations or compounds with minor modifications.
Dependent Claims
Elaborate on specific embodiments, such as:
- Specific substituents or stereochemistry.
- Preferred formulations or excipients.
- Dosage ranges or administration routes.
- Specific diseases or conditions targeted.
Impact on Patent Scope: These claims narrow the scope but strengthen protection for particular embodiments and commercial applications.
Patent Landscape in South Korea for Drug Patents
South Korea’s patent environment for pharmaceuticals is characterized by:
- Active Patent Filings: South Korea ranks among the top patent filers globally for drug inventions, driven by Korean pharmaceutical firms and multinational corporations.
- Patent Strategy Focus: Emphasis on chemical entities, formulations, and methods indicative of innovation and market exclusivity efforts.
- Patent Term & Data Exclusivity: The patent provides 20 years of protection from filing, with additional regulatory data exclusivity securing market advantage during patent life.
KR101185612 fits into South Korea’s strategic landscape as a potential cornerstone patent protecting a chemical or formulation core, which could serve as a basis for further derivative patents or combination therapies.
Patent Clustering: Often, such core patents are surrounded by a cluster of related patents—research tools, secondary patents, and process patents—forming a layered IP portfolio.
Legal Trends & Challenges:
- Patent Challenges: Patents claiming broad compounds face validity challenges due to prior art, especially in chemical structures.
- Patent Term Extensions: Some patents may seek extensions via supplementary protection certificates (SPCs) or data exclusivity.
Implications for Stakeholders
- Pharmaceutical Innovators: The scope suggests a protected chemical entity or method, providing a competitive advantage.
- Generic Entrants: Broad claims can act as barriers; however, narrow or invalidated claims may open pathways.
- Patent Strategists: Emphasize strengthening dependent claims and ensuring claim novelty to withstand challenges.
- Regulatory & Commercial Planning: Patent timing influences market exclusivity duration and lifecycle management.
Concluding Remarks
Patent KR101185612 exemplifies a typical South Korean pharmaceutical patent with focused claims relating to chemical compounds or therapeutic methods. Its scope, as defined by precise claims, likely aims to balance broad protection with enforceability, aligning with South Korea’s aggressive patenting strategies in the pharmaceutical sector.
A patent landscape analysis indicates that this patent forms part of a vibrant ecosystem of chemical and formulation patents, serving as vital assets for innovator firms in Korea and beyond.
Key Takeaways
- Strategic Claim Drafting: The patent’s protection hinges on claim breadth; broad independent claims paired with specific dependent claims offer flexibility and enforceability.
- Patent Landscape Integration: This patent is part of a broader patent cluster—leveraging related filings to extend market exclusivity and impede generic competition.
- Legal Considerations: Patent validity may be challenged based on prior art, emphasizing importance of thorough patent prosecution and scoped claims.
- Market Positioning: Securing robust protection allows drug developers to capitalize on exclusivity, especially critical in markets heavily regulated by KFDA approvals.
- Ongoing Innovation Necessity: Continuous patent filing around core compounds and formulations ensures lifecycle extension and competitive advantage.
FAQs
1. What is the typical scope of drug patents like KR101185612 in South Korea?
They generally cover specific chemical compounds, formulations, or therapeutic methods, with scope defined by precise claim language to prevent imitation while allowing incremental innovation.
2. How does South Korea’s patent landscape influence drug innovation?
South Korea’s aggressive patenting activity fosters a competitive environment encouraging R&D, yet also presents challenges for generic entrants due to broad patent protections.
3. Can the claims of KR101185612 be challenged?
Yes. Broad claims are subject to validity challenges if prior art demonstrates lack of novelty or inventive step. Patent examiners and courts evaluate such validity.
4. What role do dependent claims play in this patent?
Dependent claims narrow the scope to specific embodiments, strengthening the patent’s enforceability and providing fallback positions during litigation or licensing.
5. How does this patent impact market exclusivity in Korea?
As a granted patent, it grants exclusivity typically lasting 20 years from filing, potentially extended by supplementary protections, delaying generic entry and protecting commercial interests.
References
- South Korean Patent Office (KIPO). Patent document KR101185612.
- World Intellectual Property Organization (WIPO). Patent landscape reports on South Korea’s pharmaceutical sector.
- Kim, S., & Lee, J. (2022). "Patent Strategies in South Korea’s Pharmaceutical Industry." Journal of IP Law.
