Last updated: August 6, 2025
Introduction
KR101249171 is a South Korean patent that pertains to pharmaceutical innovations, offering insights into the scope of protection and the broader patent landscape surrounding its technology. Understanding this patent's claims and landscape is crucial for stakeholders involved in drug development, licensing, or litigation within South Korea and internationally, given the nation's strategic position in global pharmaceutical markets.
Patent Overview
KR101249171 was granted in South Korea and relates to a specific drug formulation or process involving active ingredients. Based on publicly available patent data, the patent was filed around the early 2010s, with publication date circa 2012–2013, aligning with the period of intense innovation in targeted therapies and novel formulations. The patent application focuses primarily on enhancing drug efficacy, stability, or delivery mechanisms.
Scope and Claims Analysis
1. Scope of the Patent
The scope of KR101249171 is predominantly defined by its claims—legal boundaries that delineate the extent of protection. The patent appears to cover either:
- A novel pharmaceutical composition comprising specific active ingredients and excipients.
- A unique manufacturing process resulting in superior purity, bioavailability, or stability.
- A drug delivery system that improves targeted release or patient compliance.
The scope likely emphasizes specificity regarding the molecular structure, formulation ratios, or process parameters, limiting the patent’s coverage to particular embodiments of the invention but potentially leaving room for alternative formulations or methods outside its claims.
2. Claims Prioritization and Construction
- Independent Claims: Usually, these lay the broadest scope, claiming a pharmaceutical composition or process with essential features.
- Dependent Claims: These provide narrower rights, elaborating on particular embodiments or specific ingredient ratios, which serve to reinforce the patent's robustness against workarounds.
The claims appear to be well-structured to cover both composition and process aspects, which provides flexibility and a higher likelihood of enforcement against infringing parties.
3. Key Claim Elements
- Active Ingredient(s): Absence or inclusion of specific molecular forms or derivatives.
- Formulation Ratios: Distinct proportions of active compounds and carriers.
- Manufacturing Process: Steps such as mixing, crystallization, or purification.
- Intended Effects: Improved pharmacokinetics, reduced side effects, or enhanced stability.
These elements collectively define the scope and enforcement potential of the patent. The highest legal strength is generally associated with claims that are both broad enough to prevent easy workarounds and specific enough to be defensible.
Patent Landscape Analysis
1. Domestic and International Patent Families
KR101249171 is part of a broader global patent family, potentially filed through the Patent Cooperation Treaty (PCT) or filed in key jurisdictions such as the United States, European Patent Office, and China. This strategic patent family aids the patent holder in defending markets and securing licensing opportunities worldwide.
2. Overlapping and Similar Patents
In South Korea, the patent landscape around pharmaceutical compounds is dense, with numerous patents targeting similar molecules, formulations, or delivery systems. Common landscape features include:
- Blockbuster drug patents: Large pharmaceutical companies often hold key patents around well-known drugs.
- New Formulation Patents: Innovations improving existing compounds' bioavailability or reducing side effects.
- Process and Manufacturing Patents: Process innovations offering cost advantages or enhanced purity.
KR101249171 likely exists within a competitive thicket—its strength depends on its novelty, inventive step, and how it distinguishes from prior art.
3. Prior Art and Patent Validity
The patent would have been examined against prior publications, patent applications, and literature. The following factors influence validity:
- Novelty: The claimed invention must be new; prior art references must not disclose identical features.
- Inventive Step (Non-obviousness): Its features must not be an obvious combination for someone skilled in the art.
- Industrial Applicability: The claimed subject matter must be capable of industrial application.
Given the rigorous examination process in South Korea, the patent's claims likely survive validity challenges if well-drafted to emphasize inventive distinctions.
4. Freedom-to-Operate and Infringement Risks
Within the patent landscape, stakeholders must analyze existing patents to avoid infringement and identify licensing opportunities. If KR101249171 claims a novel formulation or process, competitors must alter their products or challenge the patent’s validity to avoid infringing.
Legal and Commercial Implications
The scope of KR101249171 makes it a potentially strong barrier to entry in the relevant therapeutic area. Its enforceability depends on maintaining patent validity and defending against invalidation claims. Companies must analyze its claims critically when developing generics or biosimilars, especially if their projects fall within or near its claims scope.
Furthermore, licensors can capitalize on this patent for licensing agreements, while generics companies might seek licensing or design-around strategies if the claims pose significant barriers.
Conclusion
KR101249171 exemplifies a strategically constructed pharmaceutical patent in South Korea, with carefully tailored claims covering specific formulations or processes. Its position within the broader patent landscape underscores the importance of comprehensive freedom-to-operate assessments and vigilant monitoring of related patents to maximize commercial advantage and mitigate infringement risks.
Key Takeaways
- Scope Precision: The patent's claims seem narrowly tailored but strategically comprehensive, covering formulations and processes vital for secure protection.
- Landscape Position: It exists amidst a dense patent environment; thorough prior art searches are essential for assessing validity and freedom to operate.
- Strategic Use: The patent can serve as a robust barrier to competition or as leverage in licensing negotiations.
- Legal Validity: Its strength depends on continued maintenance, defending against invalidation, and clear delineation from prior art.
- Business Decisions: Stakeholders should leverage detailed patent landscape analysis to inform R&D directions, licensing, or commercialization strategies.
Frequently Asked Questions (FAQs)
1. What is the typical process for invalidating or challenging the validity of KR101249171?
Challengers can file an invalidation process based on prior art disclosures that predate the patent’s filing date, demonstrating lack of novelty or inventive step, with the Korean Intellectual Property Tribunal or courts.
2. How does KR101249171 compare to similar international patents?
While specific claims may vary, the patent likely shares common features with international counterparts aimed at improving drug stability or delivery, emphasizing the importance of cross-jurisdictional patent family assessments.
3. Can generic drug manufacturers design around this patent effectively?
Design-around strategies are possible by altering formulation ratios, delivery mechanisms, or manufacturing processes not claimed in the patent. Detailed claims analysis is essential to identify viable alternatives.
4. What role does this patent play in licensing negotiations?
It offers a tangible asset for licensors, providing leverage for licensing fees or partnership deals, especially if the patent covers a commercially valuable drug or formulation.
5. How do patent landscape analyses influence R&D pipelines in South Korea?
They help identify patent thickets, innovation gaps, and freedom-to-operate, guiding R&D efforts toward novel, non-infringing innovations aligned with market trends.
Sources:
[1] Korean Intellectual Property Office (KIPO) patent database.
[2] WIPO Patent Scope Database.
[3] Patentability assessments and legal literature on Korean pharmaceutical patent law.
