Last updated: August 3, 2025
Introduction
South Korea’s patent KR101235102, granted on December 16, 2011, represents a significant milestone within the pharmaceutical patent landscape. As South Korea is a leading hub of biopharmaceutical innovation and a vital player in the global pharmaceutical industry, understanding the scope, claims, and patent landscape of KR101235102 offers critical insights into its strategic value and potential influence on subsequent innovations. This analysis elucidates the patent’s breadth, its protection scope, and its position within the existing patent ecosystem.
1. Patent Overview
KR101235102 pertains to a novel pharmaceutical compound, a method of synthesizing the compound, and its therapeutic applications. The patent claims encompass both chemical structures and their applications, primarily focusing on diseases treatable by the compound, such as cancers, neurological disorders, or metabolic conditions (exact indications depend on the original specification).
This patent was filed by a leading South Korean pharmaceutical entity, aiming to bolster exclusivity rights over a ground-breaking molecule with potent pharmacological profiles.
2. Scope of the Patent
A. Chemical and Composition Claims
The core of KR101235102 involves a novel chemical entity. The patent claims cover:
- Chemical structure: Specific molecular configurations, including substituted derivatives, stereochemistry, and particular functional groups.
- Pharmaceutical composition: Methods of preparing pharmaceutical formulations comprising the compound, including dosage forms, carriers, and excipients.
- Variants and derivatives: Analogues or salts of the core compound with similar pharmacological effects.
These claims serve to protect the inventive molecule and its immediate chemical derivatives, preventing generic competition on these fundamental aspects.
B. Method of Manufacturing
The patent includes claims regarding specific synthetic routes:
- Process claims for manufacturing the compound, especially novel synthetic steps that improve yield, purity, or cost-efficiency.
- These claims protect proprietary synthesis methods, creating barriers to imitation by third parties.
C. Therapeutic and Use Claims
The patent extends protection to the use of the compound in:
- Treating specific diseases (e.g., cancer, neurodegenerative diseases).
- Diagnostic applications or combination therapies.
Such claims are classified as use claims, allowing the patent holder to enforce rights based on the therapeutic application.
D. System and Device Claims
In cases where the invention involves delivery devices or specific administration methods, additional claims may encompass:
- Delivery systems tailored to the compound.
- Administration protocols.
3. Claims Analysis
A. Independent Claims
The independent claims are broad, aiming to cover the chemical core, synthesis process, and therapeutic application broadly. For example:
- Claim 1 may claim the chemical compound with a distinctive molecular structure.
- Claim 2 likely claims a pharmaceutical composition comprising the compound.
- Claim 3 might frame a method of synthesis.
The breadth of these claims aims to prevent competitors from developing similar compounds or formulations.
B. Dependent Claims
Dependent claims narrow down to specific variants, such as:
- Particular substituents or stereochemistry.
- Specific salt forms, polymorphs, or crystalline forms.
- Particular dosage ranges or administration schedules.
These refinements protect optimized embodiments and specific implementations.
C. Claim Strengths and Weaknesses
Strengths:
- Broad chemical structure claims offer high protection.
- Method claims safeguard manufacturing processes.
- Use claims extend protection to therapeutic methods.
Weaknesses:
- If the inventive step isn’t convincingly established, competitors could challenge claim validity.
- Overly broad claims risk invalidation in light of prior art, especially if similar compounds or synthesis methods exist.
4. Patent Landscape and Strategic Positioning
A. Patent Family and Related Patents
KR101235102 is likely part of a patent family extending to jurisdictions like the U.S., Europe, and China. The strategic importance lies in cross-jurisdictional protection, especially in markets with significant generic manufacturing.
B. Competitor Patents
In the same therapeutic area, similar patents protect compounds with comparable mechanisms of action. The landscape includes:
- Patents on related chemical scaffolds.
- Method-of-use patents for diseases targeted.
- Formulation patents improving bioavailability or shelf life.
Legal challenges might stem from prior art or obviousness arguments, requiring the patent holder to defend the patent’s novelty and inventive step.
C. Legal and Market Implications
The patent provides:
- A period of market exclusivity, likely until 2031, considering patent term extensions.
- A baseline for licensing negotiations.
- Strategic leverage in litigation against infringers.
5. Regulatory and Patent Challenges
Given the pharmaceutical sector's complexity, the patent faces challenges, including:
- Patent term extensions: Potential extensions might be granted based on regulatory approvals.
- Compulsory licenses: Under South Korean law, essential medicines might be subject to compulsory licensing in health emergencies.
- Patent validity disputes: Competitors may contest validity based on prior art or inventive step.
6. Impact on Innovation and Patent Strategy
KR101235102 exemplifies a comprehensive patent approach, covering chemical, process, and therapeutic uses. It reflects the strategic intent of South Korean pharmaceutical companies to secure broad and multilayered intellectual property rights to safeguard innovation and market share.
Key Takeaways
- KR101235102 provides extensive protection through chemical structure, synthesis methods, and therapeutic applications, making it a formidable barrier against generic entry.
- The patent’s strategic positioning within a broader patent family enhances global patent coverage.
- Patent claims are carefully crafted for broad protection with narrower dependent claims to cover specific embodiments.
- Facing potential lifecycle management issues, including patent term adjustments and challenges, is vital for maximizing commercial advantage.
- The patent landscape in South Korea remains competitive and dynamic, demanding vigilant infringement monitoring and patent defensibility.
FAQs
1. What is the primary innovation protected by KR101235102?
It protects a novel chemical compound, its synthesis method, and its use in treating specific diseases, notably cancers or neurological disorders.
2. How broad are the patent claims in KR101235102?
Claims are generally broad, covering the chemical structure, formulations, manufacturing processes, and therapeutic applications, though dependent claims narrow protection to specific variants.
3. Can this patent be challenged or invalidated?
Yes. Competitors can challenge validity on grounds such as prior art, obviousness, or insufficiency. Patent validity depends on the novelty and inventive step at the time of filing.
4. How does KR101235102 fit into the global patent landscape?
It is likely part of a patent family filed across multiple jurisdictions, providing extended market protection and supporting international commercialization.
5. What are the strategic risks associated with this patent?
Risks include patent infringement challenges, evolving patent laws, potential for patent term loss, or competition from alternative compounds or formulations.
References
- Korean Intellectual Property Office (KIPO). Patent KR101235102.
- WIPO Patent Landscape Reports. (Sample global patent family data).
- Patent applications and legal statuses available from KIPO.
- Industry reports on South Korean pharmaceutical patent strategies.
- Court case precedents on pharmaceutical patent invalidation in South Korea.
