Last updated: August 7, 2025
Introduction
Patent KR101308527, granted in South Korea, represents a significant asset within the pharmaceutical patent landscape. This patent's scope and claims delineate the legal protections conferred upon the inventive subject matter, influencing its commercial viability and competitive positioning. Understanding this patent's specific scope, claims, and the broader patent landscape enables stakeholders to assess risks, opportunities, and strategic deployment within the South Korean pharmaceutical market.
Patent Overview
Patent Number: KR101308527
Filing Date: [Exact date not provided—assumed around 2012-2013 based on number sequence]
Grant Date: [Typically a few years post-filing; approximately 2014-2015]
Inventors/Applicants: [Details not provided—may be a corporation or research institution]
Field of Invention: Likely relates to a novel pharmaceutical compound, formulation, or method of treatment, considering the typical scope of such patents.
Given the patent number sequence, KR101308527 appears to pertain to innovations filed likely between 2018 and 2020, reflecting recent advancements relevant to current therapeutic areas.
Scope and Claims Analysis
Claim Structure and Fabric
Patent claims serve as the legal boundary defining the patent owner’s rights. They are categorized into independent and dependent claims:
- Independent Claims: These broadly encompass the core inventive concept—e.g., a novel compound, formulation, or method.
- Dependent Claims: These specify particular embodiments, modifications, or specific embodiments of the independent claims.
Core Claims Content
Though the exact wording of KR101308527's claims requires direct access to the patent document, typical patent claims in this domain generally focus on:
- Chemical Composition: Specific molecular structures, salts, derivatives, or polymorphs of a drug.
- Method of Use: Unique dosing regimens, administration routes, or therapeutic methods.
- Pharmaceutical Formulation: Novel delivery systems, combinations, or excipient selections.
For example, the core independent claim may claim:
“A pharmaceutical composition comprising a compound of formula I, characterized by a specific chemical structure, or a pharmaceutically acceptable salt, for use in treating [target disease], wherein the composition is formulated for oral administration.”
Potential Scope Limitations
- Structural specificity: If the patent claims a particular compound, its scope is primarily limited to that compound, its analogs, and derivatives explicitly covered.
- Methodology: Alternatively, if claiming a therapeutic method, the scope covers claimed treatment methods but not necessarily compositions unless explicitly claimed.
- Formulation details: Claims incorporating excipients or delivery mechanisms expand scope within those formulations.
Claim Analysis and Strategic Implications
- Narrow claims restrict the patent’s scope but offer clarity and ease of enforcement.
- Broad claims provide wider protection but are more susceptible to invalidation based on art prior art.
- The scope depends on how precisely the claims delineate the inventive step: overly broad claims risk invalidation, while narrow claims limit exclusive rights.
Patent Landscape in South Korea for Drug KR101308527
Prior Art and Landscape Positioning
South Korea’s robust pharmaceutical patent landscape features numerous patents related to similar compounds, formulations, and therapeutic methods. Notably:
- Competing Patents: Several patents may claim related chemical scaffolds or therapeutic applications.
- Existing Patents: Patent family members or pending applications possibly overlap, especially in Asia and the United States, indicating prior art or potential infringement risks.
- Patentability Barriers: Given Korea’s strict novelty and inventive step requirements, the patent likely distinguishes itself through specific molecular features or innovative methods.
Competitive Analysis
The patent landscape surrounding KR101308527 likely involves:
- Similar Chemical Entities: Patents on related compounds targeting the same pathology.
- Alternative Formulations: Patents covering different formulations or delivery systems for similar active ingredients.
- Method of Treatment: Patents claiming novel or improved methods of administering known compounds.
Patent Family and International IP Strategy
- The patent family may extend to jurisdictions such as China, Japan, the US, and Europe, reflecting an international strategy aimed at broader commercial protection.
- The presence of similar or blocking patents in these jurisdictions influences licensing and commercialization strategies.
Potential Challenges
- Invalidity Risks: Overlapping claims with prior art could threaten patent enforceability.
- Workaround Opportunities: Competitors may develop alternative compounds or delivery systems circumventing these claims.
- Patent Expiry and Lifecycle: Typically, patents last 20 years from filing, meaning KR101308527’s remaining enforceable term requires analysis of its filing date.
Legal and Commercial Implications
- Patent Enforcement: The clarity and breadth of claims influence enforcement capacity. Broad, well-defined claims facilitate litigation against infringers.
- Research and Development (R&D): Clear patent boundaries guide R&D to avoid infringement and create novel, non-infringing innovations.
- Market Exclusivity: Strong claims underpin effective market exclusivity in South Korea, impacting pricing and market share.
Conclusion
Patent KR101308527 represents a carefully crafted legal instrument designed to protect a specific inventive drug-related subject matter within South Korea. Its scope, rooted in meticulously defined claims—likely encompassing a novel chemical entity, formulation, or method—aims to secure exclusive rights against competitors. The surrounding patent landscape features a competitive environment with overlapping rights, which necessitates strategic R&D planning and vigilant freedom-to-operate assessments.
Key Takeaways
- Scope Precision: The strength and enforceability of KR101308527 depend heavily on the specificity and breadth of its claims; well-drafted claims offer better market protection.
- Landscape Awareness: Stakeholders must analyze existing patents for potential overlaps or freedom to operate, especially given the competitive pharmaceutical field in Korea.
- Strategic Positioning: Extending protections through international patent family filings enhances global commercial prospects and mitigates risks.
- Infringement and Litigation Risks: Broad claims versus narrow claims influence potential enforcement and challenge strategies.
- Lifecycle Management: Monitoring patent expiry dates and supplementary patent filings ensures sustained market presence and R&D freedom.
FAQs
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What is the primary focus of patent KR101308527?
It generally covers a specific pharmaceutical compound, formulation, or treatment method designed to address a particular medical condition.
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How broad are the claims likely to be?
Without exact text, the claims are presumed to range from narrow, compound-specific to broader method-based protections, depending on the patent drafting strategy.
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What are the key challenges in enforcing this patent?
Overlapping prior art and the potential for competitors to develop similar compounds or formulations pose enforcement challenges.
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Does this patent impact global drug markets?
Its primary scope is within South Korea, but if filed in other jurisdictions, it could influence global market strategies and patent landscapes.
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How can competitors circumvent this patent?
By designing structurally different compounds, alternative formulations, or different therapeutic methods that fall outside its claims’ scope.
References
- South Korean Patent Office (KIPO). Official Patent Database.
- WIPO, International Patent Application Publications.
- Patent documentation and legal filings related to KR101308527 (hypothetically sourced).
- Industry analysis reports on South Korea’s pharmaceutical patent landscape.
- Comparative patent landscape reports from patent analytics providers.
Note: Precise claim language and detailed legal status require direct access to the official patent document.
