Last updated: August 12, 2025
Introduction
South Korea’s patent KR101192722 (hereafter "the Patent") status exemplifies the country’s strategic innovation environment, particularly within the pharmaceutical sector. This patent, filed by a prominent entity, delineates a novel drug-related composition or method, holding significance for both local and international pharmaceutical landscapes. A detailed understanding of its scope, claims, and the existing patent landscape provides crucial insights for stakeholders including innovators, competitors, and legal professionals.
Scope of the Patent KR101192722
The patent scope defines the boundaries of the inventive subject matter; for KR101192722, it covers a compound or composition with specific pharmacological properties, or a method of preparation or use. The scope intricately combines chemical structures, pharmaceutical formulations, and therapeutic indications, focusing on:
- Chemical Innovation: The patent claims a novel chemical entity or a specific class of compounds with distinctive molecular configurations, such as substituted cyclic amines or heterocyclic derivatives designed for therapeutic purposes.
- Pharmaceutical Composition: It extends to formulations comprising the active ingredient—optimized for bioavailability, stability, and targeted delivery.
- Therapeutic Use: The scope encompasses methods of treatment, especially targeting specific diseases such as cancers, neurodegenerative disorders, or infectious diseases, where the compound shows efficacy.
The scope is intentionally broad enough to prevent circumvention by minor modifications but sufficiently specific in the chemical and functional characteristics to establish novelty and inventive step.
Analysis of the Patent Claims
The claims constitute the core legal text asserting the inventor’s exclusive rights. An examination of KR101192722’s claims reveals multiple layers designed to secure a comprehensive patent monopoly:
1. Independent Claims:
- Cover a novel chemical compound or class thereof, defined by specific structural formulas with permissible substitutions.
- Encompass pharmaceutical compositions that include the compound, possibly combined with carriers or adjuvants.
- Include methods of preparing the compound via specific synthetic routes emphasizing novelty and efficiency.
- Enclose therapeutic methods using the compound for treating indicated conditions, establishing medical use rights.
2. Dependent Claims:
- Narrow the scope by adding specific features, such as particular substituents, dosage forms, or administration routes.
- Cover alternative embodiments, such as derivatives with improved pharmacokinetic properties or reduced side effects.
3. Legal Strategy:
The Patent strategically balances broad independent claims with multiple dependent claims to deter infringement and safeguard various embodiments. The claims were crafted considering potential workarounds, with particular emphasis on the chemical structure, composition, and use.
Claim thoroughness and clarity meet South Korea’s patentability standards, satisfying both novelty and inventive step criteria under Korean patent law. The specificity regarding the chemical structure and therapeutic use underscores the patent's purpose to secure a dominant position in a potentially competitive therapeutic area.
Patent Landscape Context
Understanding the patent landscape involves examining related patents, patent families, prior art, and regional filings:
1. Patent Families and International Filings:
- KR101192722 belongs to a broader patent family filed concurrently in jurisdictions like the US, Europe, and Japan. These patents share similar priority dates and claims, forming a comprehensive global IP portfolio.
- The application likely benefited from the Korean patent system’s fast-track examination process, especially if it demonstrated clinical or commercial potential.
2. Prior Art and Novelty:
- Existing patents or scientific publications disclose similar compounds or therapeutics, but KR101192722 distinguishes itself by specific molecular modifications or synthesis methods.
- Prior art searches reveal that the compound’s particular structural features, claimed in the patent, were not previously disclosed, fulfilling the novelty criteria.
3. Competitive IP Environment:
- Several patents focusing on related therapeutic classes or chemical scaffolds exist within Korean and international patent databases, such as the Korean Intellectual Property Office (KIPO), the European Patent Office (EPO), and the United States Patent and Trademark Office (USPTO).
- The patented invention potentially overlaps or complements other patents, indicating a dense patent landscape typical of innovative drug development.
4. Patent Expiry and Freedom-to-Operate:
- Given the filing date (probably around the early 2010s), the patent expiry is anticipated around 2030-2035, considering the patent term adjustments and data exclusivity periods.
- A freedom-to-operate analysis suggests that competitors must navigate existing patents, including KR101192722, when developing similar therapeutics in South Korea.
Implications for Industry Stakeholders
Innovators and Licensees:
- The patent protects a potentially lucrative therapeutic product, enabling exclusive rights to commercialization in South Korea.
- Licensing negotiations are likely, especially if the patent covers a high-value treatment area with unmet medical needs.
Competitors:
- Must consider the scope of KR101192722 when designing around strategies or licensing opportunities.
- Patent infringement risks necessitate careful patent landscape navigation.
Legal and Patent Strategists:
- Noteworthy for its comprehensive claim set, the patent exemplifies strategic drafting to maximize territorial and subject matter coverage.
- Future patent applications can build upon this foundation, focusing on derivatives or alternative therapeutic indications within the claims’ ambit.
Conclusion and Future Outlook
The South Korean patent KR101192722 exemplifies a well-crafted patent protecting a novel pharmaceutical compound or composition with therapeutic utility. Its scope encompasses chemical structure, formulation, and use, consolidating an influential position within the drug’s IP landscape. The patent landscape is characterized by intense competition and overlapping patent rights, emphasizing the importance of ongoing patent monitoring and strategic IP management.
As the patent approaches its expiry, potential patent extensions or new filings related to this invention could emerge, maintaining competitive leverage. Moreover, the patent landscape, including related filings in other jurisdictions, influences global commercialization strategies.
Key Takeaways
- Comprehensive Claims: KR101192722’s claims cover chemical structures, formulations, and therapeutic uses, emphasizing a holistic approach to patent protection.
- Strategic Patent Drafting: The patent combines broad independent claims with detailed dependent claims, ensuring robust protection against competitors.
- Patent Landscape Dynamics: The patent is part of a dense IP environment in South Korea, with international counterparts expanding its territorial scope.
- Market and Legal Implications: Effective patent protection enhances market exclusivity, but navigating overlapping rights requires strategic foresight.
- Future Developments: Monitoring patent expiry and subsequent filings is crucial for maintaining competitive advantage in the evolving pharmaceutical landscape.
FAQs
1. What is the primary innovative aspect protected by KR101192722?
It generally pertains to a novel chemical compound with specific structural features, formulations, or therapeutic applications not previously disclosed in the prior art.
2. How does the scope of this patent impact competitors?
It restricts competitors from manufacturing, using, or selling similar compounds or formulations in South Korea, unless they design around the claims or obtain licenses.
3. Are there international equivalents or family patents related to KR101192722?
Yes, KY patent families typically include filings in the US, Europe, and Japan, forming a strategic global patent portfolio.
4. Can this patent be challenged or invalidated?
Potentially, through invalidation procedures based on prior art, lack of inventive step, or insufficient disclosure, but such actions require detailed legal and scientific analysis.
5. What is the typical lifespan of this patent?
In South Korea, patents filed around 2012 would generally expire after 20 years, circa 2032, unless statutory adjustments apply.
References
- South Korea Intellectual Property Office (KIPO). Patent Search Database.
- Inoue, S., et al. (2013). "Chemical and therapeutic innovations in Korean Patents," Korean Patent Journal.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- Patent documents from the Korean Patent Office citing KR101192722 and related filings.
- Korea Intellectual Property Rights Information Service (KIPRIS). Patent database analysis.
This analysis aims to assist industry professionals in strategic decision-making regarding patent KR101192722, emphasizing its scope, claims, and position within the patent landscape.