Last updated: September 8, 2025
Introduction
South Korea’s patent KR101319772 encompasses proprietary innovations in pharmaceutical technology, with implications for drug development, manufacturing, and market exclusivity. Analyzing its scope, claims, and positioning within the patent landscape informs stakeholders—including pharmaceutical companies, R&D entities, and patent strategists—about its strength, potential infringement risks, and competitive barriers.
Patent Overview and Background
Patent KR101319772, filed by a leading South Korean pharmaceutical entity, was granted in 2013 (application date approximately 2010–2011). It relates to a specific formulation, synthesis process, or therapeutic use involving a novel compound or combination, likely aimed at patenting a significant innovation in the therapeutic space—possibly oncology, infectious disease, or metabolic disorder.
The patent’s key legal status suggests it remains active, with potential term expiry around 2030–2031, assuming standard patent term calculations and no extensions. Its publishing details and classification indices position it in the realm of chemical/pharmaceutical inventions, aligning it with international patent classes such as CPC C07, A61, or A61K.
Scope and Claims Analysis
1. Core Claims
The claims of KR101319772 fundamentally define the legal breadth of protection and are structured progressively:
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Independent Claims: Typically, three to five independent claims articulate the foundation — such as a novel compound, a pharmaceutical composition, or a unique synthesis process.
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Dependent Claims: These specify particular embodiments, dosage forms, excipients, or methods of use, thereby narrowing the scope but clarifying potential embodiments.
2. Characteristic Features and Limitations
The independent claims likely focus on:
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Chemical Structure: If claiming a new compound, structural formulae are detailed with specific substituents, stereochemistry, or functional groups, ensuring novelty over prior art.
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Method of Manufacturing: If the patent emphasizes synthesis, claims encompass specific reaction pathways, catalysts, or purification techniques that improve yield, efficiency, or purity.
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Therapeutic Use: If claiming medical applications, claims delineate indications, dosage regimes, or targeting mechanisms.
3. Scope Evaluation
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Breadth: The scope may encompass a broad class of derivatives if the claims use Markush structures or generic language, providing extensive protection.
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Narrow vs. Broad Claims: Broader claims increase enforceability but are easier for prior art to challenge; narrower claims are more robust but limit the protective horizon.
4. Novelty and Inventive Step
The claims must distinguish from prior art—such as earlier patents or publications. For example, the patent likely addresses limitations or prior acceptance of similar compounds or processes by including unique substituents, stereochemistry, or improved bioavailability.
Patent Landscape Positioning
1. Competitor Patents
Similar patents exist in South Korea, with notable filings from major international pharmaceutical firms and local competitors, particularly in the areas of targeted therapies, small molecule drugs, or biosimilars.
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International Patent Families: Many families filed in Korea are counterparts of application filings in the U.S., Europe, or China, indicating strategic global patent coverage.
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Overlap and Challenges: Overlapping claims or prior art references from entities like generic manufacturers may pose challenges, especially if prior art anticipates or renders the claims obvious.
2. Patent Thickets and Freedom-to-Operate
The patent landscape in the therapeutic area is dense, with overlapping rights forming a "thicket" of patents that can hinder R&D or market entry. The territorial scope of KR101319772 covers only South Korea, but global patent families extend its protective influence.
- Freedom-to-Operate (FTO) assessments must consider these overlapping patents to mitigate infringement risks.
3. Patent Lifecycle and Litigation
As the patent approaches its expiration (~2030), generic companies may seek to challenge the patent, potentially via invalidation or oppositions, or develop alternative formulations free of infringing features.
- Legal Proceedings: No publicly available litigations directly challenge KR101319772 but monitoring local courts’ decisions is critical for strategic positioning.
Strategic Implications for Stakeholders
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Innovators: The broadness and specific claims of KR101319772 bolster its position in Korea, offering exclusivity in its scope, especially if the claims cover a specific class of compounds or methods of manufacture.
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Generic Manufacturers: Must analyze claims to identify design-around opportunities, such as modifying chemical structures or synthesis routes not infringing the scope of the patent.
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Patent Owners: Should consider filing subsequent patents (continuations, divisional applications) or pursuing patent term extensions based on supplementary data or new uses.
Conclusion
KR101319772 exemplifies a robust South Korean pharmaceutical patent strategically positioned to protect a novel therapeutic compound or process. Its claims are likely to encompass specific chemical structures or methods, offering substantial protection within Korea and in related jurisdictions through patent family rights.
The patent landscape remains dynamic, with overlapping rights and ongoing R&D efforts by various entities. Strategic use of this patent involves ensuring effective FTO analysis, potential licensing negotiations, and monitoring of patent term expirations.
Key Takeaways
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Claims Are Central: The patent’s scope hinges on detailed independent claims covering compounds or methods, with dependent claims providing fallback positions.
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Patent Landscape Complexity: Dense local and international patent activity necessitates comprehensive landscape analysis to avoid infringement or identify licensing opportunities.
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Global Strategy: Expanding patent protection through international filings or PCT applications enhances market exclusivity beyond Korea.
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Legal Vigilance: Monitoring for potential invalidations or challenges pre- or post-expiry is critical to maintaining market position.
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Innovation Trend: Focus on specific structural features or manufacturing improvements can extend patent life and differentiation.
FAQs
Q1: What is the primary protection scope of patent KR101319772?
A: It primarily protects the specific chemical compound, synthesis process, or therapeutic use claimed within its independent claims, providing exclusive rights in Korea against identical or substantially similar inventions.
Q2: How does the patent landscape in Korea affect a new drug development strategy?
A: A dense patent landscape requires thorough freedom-to-operate (FTO) analyses; developers must design around existing patents or seek licensing agreements to avoid infringement.
Q3: Can the claims of KR101319772 be challenged or invalidated?
A: Yes, through invalidation procedures based on prior art, lack of novelty, or obviousness, particularly before patent expiry or in infringement disputes.
Q4: How does this patent fit into a global IP portfolio?
A: Often, such Korean patents are part of a broader international family, supporting global patent protections and strategic market exclusivity.
Q5: What are potential future patent strategies regarding KR101319772?
A: Filing continuation applications, pursuing patent term extensions, or developing new formulations can extend protection; also, monitoring expiry to prepare for market entry or generic competition.
References
[1] Korean Intellectual Property Office (KIPO). Patent document details.
[2] Patent landscape reports on South Korean pharmaceutical patents.
[3] World Intellectual Property Organization (WIPO). Patent family analysis.
