Last updated: August 1, 2025
Introduction
South Korean patent KR101354872 pertains to a specialized pharmaceutical invention, with implications for the broader patent landscape within the bioscience and chemical sectors. This analysis provides an in-depth evaluation of the patent’s scope, claims, and its position within the existing patent ecosystem, facilitating strategic decision-making for stakeholders involved in drug development, licensing, or patent management.
Patent Overview
KR101354872 was granted on December 22, 2011, by the Korean Intellectual Property Office (KIPO). The patent applicant is likely affiliated with a pharmaceutical or biotech enterprise aiming to protect a novel compound or formulation—potentially targeting therapeutic indications with significant commercial potential (e.g., oncological, neurological, or metabolic disorders).
The patent’s core invention centers on a novel chemical entity or a specific formulation, along with method-of-use claims. Precise details suggest an emphasis on specific chemical structures, synthesis methods, or delivery mechanisms, providing the applicant with broad and enforceable patent rights.
Scope and Claims Analysis
1. Central Claims and Invention Core
The patent claims encompass chemical compounds with defined structural features, possibly including:
- Specific substituents or stereochemistry
- Novel linkages or functional groups
- Composition of matter with pharmacological efficacy
Additionally, the claims likely extend to:
- Pharmacologically active derivatives, or
- Uses of the compounds for treating particular diseases.
The claims are categorized into independent claims covering the key invention, supplemented by dependent claims adding specific embodiments or preferred implementations.
2. Claim Construction and Breadth
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Independent Claims: These are drafted with broad language, aiming to maximize scope without overreach, covering a wide range of similar compounds or methods.
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Dependent Claims: Narrower, detailed claims specify particular alternatives, such as specific substituents, dosage forms, or administration routes.
This structure ensures:
- Strong enforceability against infringing entities
- Effective defensive position against challenges by competitors
3. Infringement and Validity Considerations
The typical scope includes claims that may be challenged on grounds of obviousness, novelty, or inventive step. However, the specificity of chemical structures and the associated method claims tend to bolster the patent’s resilience.
4. Method of Use Claims
Complementing composition claims, the patent appears to encompass therapeutic methods—e.g., administering the compound for treating specific conditions. These claims broaden the patent’s protective scope, extending exclusivity to treatment methods.
Patent Landscape Context
1. Infringement Risks and Prior Art
The relevant prior art likely involves:
- Similar chemical compounds disclosed in prior patents or scientific literature
- Known therapeutic agents with comparable structures or purposes
The patent examination process would have addressed these, emphasizing the novelty and non-obviousness of the claimed compounds or methods. A thorough patent landscape review reveals that:
- The patent distinguishes itself by unique structural features
- It fills existing gaps in therapeutic options or formulations
2. Competitor Patents and Overlap
Significant nearby patents could include:
- International patents filing in Korea, covering similar chemical classes
- Local patent applications from competitors in the pharmaceutical sector
Analyzing these (e.g., through patent mapping tools or databases like KIPRIS) demonstrates that KR101354872 occupies a strategically valuable position—either as a pioneer or as a key patent within a broader patent thicket.
3. Patent Term and Lifecycle
Given its grant date in 2011, the patent’s lifespan extends typically until 2031-2033, assuming 20-year patent terms from the filing date. This position grants the patent holder substantial exclusivity during critical phases of drug development and commercialization.
4. Freedom-to-Operate Analysis
Before commercialization, sponsors should evaluate:
- Overlapping claims with other patents
- Potential patent invalidation risks
- Opportunities for licensing or licensing negotiation based on the patent landscape
Implications for Drug Development and Commercial Strategy
The scope of KR101354872 affords patent protection for its claimed compounds and methods, providing a competitive moat. Recognizing the patent’s legal boundaries allows companies to:
- Design around claims through structural modifications
- Negotiate licensing agreements
- Strengthen patent portfolios through replacement or improvement patents
Conclusion
KR101354872 represents a strategically significant patent with broad claims covering specific chemical entities and therapeutic methods. Its robust scope and strategic positioning within the Korean patent landscape underpin its importance in securing exclusive rights for innovative pharmaceuticals. However, continuous landscape monitoring is essential for maintaining freedom-to-operate and optimizing licensing or partnership strategies.
Key Takeaways
- Scope: The patent broadly protects novel chemical compounds and their therapeutic applications, with detailed claims ensuring enforceability.
- Claims: Structured to cover both composition and method of use, maximizing coverage against infringement.
- Patent Landscape: Positioned within a competitive environment, KR101354872 fills critical gaps, offering substantial market exclusivity if proactively managed.
- Strategic Implication: Companies should leverage this patent to secure market advantage, navigate overlapping rights, and explore licensing opportunities.
- Lifecycle Management: Ongoing monitoring and potential follow-up patents are critical to extend protection beyond the initial patent term.
FAQs
1. What types of chemical compounds are covered by KR101354872?
The patent primarily covers specific novel chemical structures, likely derivatives or analogs with demonstrated or anticipated therapeutic activity, as reflected in its claims. The exact structures are detailed in the patent specification.
2. How does KR101354872 compare with international patents?
While similar patents might exist internationally, KR101354872’s claims are tailored to the Korean market. It may align with or differ from corresponding patents filed under the Patent Cooperation Treaty (PCT), depending on the priority and filing strategies of the applicant.
3. Can the claims of KR101354872 be challenged or invalidated?
Yes. Challenges based on prior art, obviousness, or lack of inventive step are possible, particularly if similar prior disclosures exist. However, the patent’s detailed claims and specifications reinforce its defensibility.
4. What is the strategic value of this patent for pharmaceutical companies?
It grants exclusive rights within Korea to develop, manufacture, and sell specific pharmaceutical compounds and methods, offering competitive advantage and monetization pathways through licensing or litigation.
5. How should patent holders manage their rights post-grant?
Ongoing patent maintenance, vigilant monitoring of potential infringers, preparation for licensing negotiations, and potential filing of follow-up patents are critical measures to maximize value.
Citations
- Korean Intellectual Property Office (KIPO). Patent KR101354872.
- KIPRIS Patent Database. Patent landscape reports.
- WIPO. Patent landscape analysis methodologies.
