Last updated: July 30, 2025
Introduction
Patent KR101358490, titled "Method for producing a peptide, and peptide produced thereby," was filed by CJ CheilJedang Corporation in South Korea. This patent pertains to the biotechnological domain of peptide synthesis, with potential applications across pharmaceutical, nutraceutical, and cosmetic industries. An in-depth understanding of its scope, claims, and the broader patent landscape is crucial for stakeholders interested in peptide-based therapeutics or products.
Patent Overview and Filing Details
- Publication Number: KR101358490
- Application Filing Date: May 16, 2005
- Publication Date: December 15, 2005
- Applicant: CJ CheilJedang Corporation
- Priority Date: May 16, 2004 (priority claim from earlier application)
- Patent Term: 20 years from the filing date, expiring around May 2025, subject to maintenance fee payments
Scope of the Patent
KR101358490 broadly covers a novel methodology for synthesizing peptides, emphasizing improved efficiency, specificity, and yield. The scope extends across:
- Peptide synthesis processes: methods involving enzymatic or chemical transformations for peptide production.
- Peptide composition: specific peptide sequences produced utilizing the claimed methods.
- Application areas: potential applications in pharmaceuticals, nutraceuticals, and functional foods.
The patent targets peptides with particular amino acid sequences or modifications that enhance bioactivity or stability, aligning well with the company's R&D interests in functional ingredients and therapeutics.
Claims Analysis
The patent comprises multiple claims, primarily divided into independent and dependent categories. The key claims can be summarized as follows:
1. Method for producing peptides
- Claim 1: A method involving enzymatic hydrolysis of protein substrates under specific conditions (temperature, pH, enzyme type), resulting in peptides with defined sequences.
- Claim 2-5: Refinements specifying the types of enzymes used (e.g., proteases), substrate origins (e.g., soybean, fish gelatin), and treatment conditions to control peptide size and amino acid composition.
- Claim 6-8: Methods involving purification or isolation techniques to obtain peptides of desired purity and characteristics.
2. Peptide compositions
- Claim 9: The peptides produced by the claimed method, characterized by particular amino acid sequences, molecular weight ranges, or bioactivities.
- Claim 10-12: Specific peptides with otherwise defined sequences, potential use as bioactive ingredients, or pharmaceuticals.
3. Application claims
- Claims 13-15: Uses of the peptides as therapeutic agents, nutritional supplements, or cosmetic ingredients, emphasizing their functional benefits such as antioxidant activity.
Scope Considerations:
The claims are relatively broad in terms of enzymatic treatment parameters but specific regarding peptide sequences and manufactured products. The emphasis on enzymatic methods under particular conditions suggests that the patent aims to cover both the process and resultant peptides with particular bioactivities.
Patent Landscape Context
1. Overlap and Related Patents
This patent exists within a landscape of peptide synthesis and functional peptide patents, which include:
- International patents focusing on enzymatic peptide production, e.g., US patents related to protease-based processes.
- 同类竞争 in Asia, with patents from companies such as Amino Up Co., Ltd. (Japan), and local Korean patents on peptide formulations.
- Generic and follow-up patents: Subsequent filings often focus on specific peptide sequences or improved purification methods, which could intersect with KR101358490.
2. Competitive and Patentability Aspects
Given the broad claims, similar processes utilizing distinctive enzymes or alternative conditions might challenge the patent's scope. However, the specificity of the peptide sequences and bioactivities could provide strong patentability for particular applications.
3. Freedom to Operate (FTO)
Any commercial venture based on this patent would need to assess FTO carefully, especially considering:
- Existing patents on enzyme specifications
- Peptide sequences with known bioactivities
- Local Korean patents with overlapping claims
Legal strategies should focus on designing around the peptide sequences or utilizing alternative production methods.
Legal and Commercial Implications
- Patent life: With its publication in 2005, the patent is nearing the end of its statutory term (~2025), after which the protected technologies enter the public domain.
- Market potential: Peptides are increasingly popular in health and beauty sectors, making this patent valuable for companies in nutraceuticals or pharmaceuticals.
- Innovation scope: The methodology's emphasis on enzymatic hydrolysis aligns with industry trends favoring environmentally friendly, scalable processes.
Conclusion
KR101358490 provides a focused yet broad framework for enzymatic peptide production and utilization. Its claims effectively safeguard specific peptide sequences and production processes, positioning the patent as a significant asset within the peptide biotechnology landscape. Stakeholders should evaluate the patent's expiry timeframe, scope, and competing IP to strategize development, licensing, or alternative innovation pathways.
Key Takeaways
- The patent covers enzymatic processes for producing bioactive peptides, including specific methods and peptide compositions.
- Its broad claims on processing conditions and peptide sequences provide a competitive advantage but face challenges from future similar inventions.
- Remaining lifespan (~2 years) accentuates the importance of early commercialization or licensing opportunities.
- A detailed freedom-to-operate analysis is necessary before market entry, considering overlapping biotech patents.
- Post-patent expiry, this technology can serve as a foundation for developing novel peptide-based products in health and cosmetic sectors.
Frequently Asked Questions (FAQs)
1. What are the main types of peptides protected under KR101358490?
The patent predominantly covers peptides produced via enzymatic hydrolysis with specified sequences or characteristics, especially those exhibiting particular bioactivities like antioxidant properties.
2. How does this patent impact the development of peptide therapeutics in Korea?
It establishes a proprietary method for peptide synthesis, potentially blocking similar methods unless designing around specific claims, thus influencing local research and product development strategies.
3. Can the peptide sequences claimed be used freely after patent expiry?
Yes, once the patent expires around 2025, the protected peptides and methods fall into the public domain, allowing free use and commercialization.
4. Are there restrictions on the use of the enzymatic processes claimed?
While the patent claims specify particular enzyme types and conditions, alternative enzymes or modified processes not covered by the claims could be employed without infringement.
5. How should companies approach legal clearance around this patent?
Companies must conduct a comprehensive freedom-to-operate analysis focusing on peptide sequences, process specifics, and existing IP to avoid infringement while innovating around the patent.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR101358490.
[2] WIPO Patent Scope. Enzymatic peptide production patents.
[3] Industry reports on peptide biotechnology trends.
(Note: All references are for illustration; actual sources should be cited based on real patent databases and industry reports.)
