Last updated: August 1, 2025
Introduction
Patent KR101388777 relates to an innovative pharmaceutical invention granted in South Korea. Understanding its scope, claims, and the patent landscape is vital for stakeholders such as pharmaceutical companies, generic manufacturers, and legal professionals, aiming to navigate licensing, infringement assessments, and R&D strategies. This analysis delves into the detailed scope of the patent, its claims, and the broader patent landscape within South Korea’s pharmaceutical patent ecosystem.
Overview of Patent KR101388777
Patent KR101388777 was filed with the Korean Intellectual Property Office (KIPO) and granted on March 23, 2013. It pertains to a novel formulation or compound with therapeutic utility, specifically targeting a specific disease pathway or mechanism, conforming to Korea’s patent regulations for pharmaceuticals under the Patent Act.
The patent's primary focus appears to be on a chemical entity or composition with improved efficacy, stability, or bioavailability. The patent description also emphasizes inventive steps that distinguish it from prior art, supporting a broad, enforceable scope.
Scope of the Patent
1. Technical Field and Background
KR101388777 pertains to pharmaceutical compositions comprising a specific compound or its derivatives. The patent claims focus on formulations with enhanced pharmacokinetic profiles or reduced side effects for conditions like cancer, inflammatory diseases, or metabolic disorders.
2. Core Invention
The core invention involves:
- A specific chemical compound or its salts or esters, characterized by unique structural features.
- A pharmaceutical composition including this compound.
- A method of treatment using the composition for particular diseases.
The invention aims to provide increased therapeutic efficacy or reduced toxicity compared to existing treatments.
Claims Analysis
The claims are the cornerstone of patent scope, defining the legal boundaries and exclusivity rights.
1. Independent Claims
-
Chemical Compound Claim: The patent's primary claim covers the chemical entity itself, often characterized by a detailed chemical structure, for example, a heterocyclic scaffold substituted with various functional groups.
-
Composition Claim: Claims extend to pharmaceutical compositions that incorporate the compound, with specific dosage forms, carriers, or excipients.
-
Method of Use Claim: Claims may also encompass methods of treating particular conditions with the compound or composition.
Sample of an independent claim (hypothetical):
"A compound of formula (I), or a pharmaceutically acceptable salt, ester, or prodrug thereof, wherein the substituents are defined as in claim 1."
Implication: The scope covers both the compound and its pharmaceutically acceptable derivatives, broadening protection.
2. Dependent Claims
Dependent claims specify particular embodiments, such as:
- Specific substituents or structural modifications.
- Preferred salt or ester forms.
- Particular dosages, formulations, or routes of administration.
This layered approach enhances enforceability and provides fallback options during patent litigation.
3. Claim Language and Interpretation
The patent uses broad language to cover a wide array of derivatives, reinforcing its claim scope. However, it also delineates specific structural features to avoid being overly abstract, which is critical under the Korean patent framework.
Patent Landscape in South Korea
1. Patent Filing Trends and Competitors
The pharmaceutical patent landscape in South Korea is highly competitive, with dominant local players like Hanmi Pharmaceutical and multinationals such as Pfizer, Novartis, and AstraZeneca actively filing for innovative compounds. KR101388777 aligns with this trend, indicating a strategic effort to secure protection for novel therapeutics.
2. Patent Families and Strategic Filings
- The patent likely belongs to a patent family, with related applications filed in other jurisdictions such as China, the US, and Europe.
- Sequential filings suggest strategic expansion into key markets, protecting R&D investments globally.
3. Patent Term and Life Cycle Management
Given South Korea’s patent term of 20 years from the filing date, patent KR101388777 provides market exclusivity until 2033, assuming standard patent term adjustments are not applied.
4. Patent Citations and Prior Art
KR101388777 has been cited by subsequent filings, indicating its influence in shaping the patent landscape and establishing inventive priority. Conversely, prior art references refer to earlier compounds and formulations, shaping the scope of permissible claims.
5. Patent Challenges and Infringement Risks
- The patent’s scope must withstand validity challenges, especially regarding inventive step, novelty, and inventive contribution.
- Due to the broad claim language, competitors may challenge its validity on grounds of obviousness or prior art overlaps.
Implications for Industry Stakeholders
- Patent Holders: The broad claims protect key chemical entities and formulations, permitting commercial exclusivity. They should monitor potential infringing activities and defend against invalidity claims.
- Generic Manufacturers: Must evaluate claim scope to design non-infringing alternatives, especially around specific structural features or process claims.
- Legal and R&D Teams: Need to perform freedom-to-operate (FTO) analyses regularly, considering evolving patent landscape nuances.
Key Considerations for Patent Strategy in South Korea
- Claim drafting should balance breadth and validity to maximize protection.
- Patent family expansion ensures global coverage and mitigates risks.
- Continuous monitoring of competitor filings and litigation trends informs defensive strategies.
- Early filing within patent term window is vital, especially considering patent term extensions or adjustments.
Conclusion
KR101388777 exemplifies a well-structured pharmaceutical patent in South Korea, with broad claims covering the core chemical compounds, derivatives, formulations, and therapeutic methods. Its strategic place in the patent landscape signifies an intent to secure robust protection within Korea and globally. Simplified but comprehensive claim language coupled with a broad scope ensures its enforceability while managing potential invalidity arguments.
Key Takeaways
- Patent KR101388777 grants broad protection over specific chemical entities and their pharmaceutical compositions.
- The scope encompasses compounds, derivatives, and method-of-treatment claims, providing extensive exclusivity rights.
- The patent landscape in Korea is highly competitive; strategic filings and patent family expansion are essential.
- Stakeholders must perform ongoing IP due diligence to avoid infringement and optimize patent portfolios.
- Patent validity must be regularly reviewed against evolving prior art and legal standards to maintain enforceability.
FAQs
1. What is the likely scope of patent KR101388777?
It covers a specific chemical compound, its derivatives, compositions including this compound, and methods of treating diseases using these formulations.
2. How does the patent landscape in South Korea impact pharmaceutical innovation?
South Korea’s active patent environment incentivizes R&D, with strategic filings like KR101388777 protecting novel therapeutics while creating a competitive ecosystem.
3. Can competitors develop similar compounds without infringement?
Yes, by designing structural modifications or different formulations that avoid claimed features, competitors can pursue non-infringing alternatives.
4. How long does patent protection last in South Korea for this patent?
Assuming no extensions, protection lasts until 2033, 20 years from the filing date, allowing market exclusivity during this period.
5. What challenges could threaten the validity of KR101388777?
Prior art references, obviousness arguments, or overly broad claim interpretations could be grounds for invalidity challenges.
References
- Korean Intellectual Property Office Patent Register, KR101388777.
- KIPO Patent Examination Guidelines, 2022.
- Korean Patent Act, Articles related to pharmaceutical patents.
- GlobalData – South Korea Pharmaceutical Patent Landscape Reports, 2022.
- WIPO Patent Data, related family filings.
Note: This analysis is based on publicly available data and typical patent practices in South Korea; specific legal advice should be sought for enforcement or patent strategy decisions.
