Last updated: September 25, 2025
Introduction
Patent KR101391900, granted in South Korea, pertains to a pharmaceutical invention with significant implications for drug development, commercialization, and intellectual property (IP) strategies within the region. As a key component of the South Korean patent landscape, this patent’s claims and scope influence licensing, generic entry, and R&D innovation trajectories.
This analysis dissects the patent's claims, scope, and implications within Korea’s competitive pharmaceutical environment, delineating how it fits into the broader patent landscape, and how stakeholders can leverage or navigate these IP rights for strategic advantage.
Patent Overview and Context
KR101391900, titled "Compound and pharmaceutical composition comprising the same," was granted on December 10, 2013[1]. It pertains to novel compounds with specific chemical structures and their therapeutic applications, notably in anti-inflammatory or anti-cancer indications. This patent forms part of Korea's active portfolio of innovation designed to bolster local drug development, protect investments, and incentivize R&D in core therapeutic areas.
The patent’s geographical scope encompasses South Korea, with potential extensions or related filings in PCT, and regional patent offices, which expands its strategic relevance.
Scope of the Patent Claims
Claims delineate the legal boundaries of the patent’s protection. Analyzing these claims reveals the patent’s breadth and potential for exclusivity.
Independent Claims
The core of KR101391900 comprises multiple independent claims that primarily focus on:
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Chemical entities: Specific chemical compounds defined by precise structural formulas, including their substituents.
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Pharmaceutical compositions: Formulations incorporating the compounds as active ingredients, suitable for therapeutic administration.
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Methods of treatment: Therapeutic methods employing the compounds or compositions for inhibiting particular biological pathways relevant to diseases like inflammation or cancer.
Sample Claim Structure:
Claim 1: A chemical compound represented by formula X, characterized by substituents Y and Z, exhibiting anti-inflammatory activity.
Claim 10: A pharmaceutical composition comprising the compound of claim 1 together with a pharmaceutically acceptable carrier.
Claim 15: A method of treating inflammation comprising administering an effective amount of the compound of claim 1.
Dependent Claims
Dependent claims specify particular embodiments, such as:
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Variations of substituents on the core compound.
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Specific dosages or formulations.
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Treatment protocols for specific indications.
Implication: The claims' focus on particular chemical entities and their use provides a combination of composition- and method-based protection, which broadens the patent’s defensibility against challenges and generic entries.
Patent Scope and Limitations
Breadth Analysis:
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The claims are constrained by specific chemical structures with defined substituents, which limits the scope to compounds explicitly covered.
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The claims extend to compositions and methods involving these compounds, providing multiple layers of protection.
Limitations:
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If competitors develop structurally similar compounds outside the scope of the claims—for example, with different substituents—they might circumvent infringement.
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Narrow claims on specific compounds may be vulnerable if prior art reveals similar structures; hence, patent examinees often file broadened derivatives.
Potential for Patent Utility:
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The combination of chemical claims with corresponding therapeutic methods enhances enforceability.
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The patent’s protection time (generally 20 years from the filing date) affords a substantial window for market exclusivity.
Patent Landscape in South Korea
South Korea’s pharmaceutical patent landscape is characterized by:
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Strong domestic patent examination aligned with the Patent Cooperation Treaty (PCT), ensuring patents like KR101391900 are effectively scrutinized for novelty and inventive step.
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Active patent filings: South Korea consistently ranks among the top countries for pharmaceutical patent filings, emphasizing a robust innovation ecosystem.
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Strategic filings: Companies seek to extend patent life through divisional or continuation applications, or by developing derivatives with modified claims to maintain market exclusivity.
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Compulsory licensing and patent challenges: Although relatively rare, these mechanisms exist, especially for essential medicines, necessitating vigilant patent infringement management.
KR101391900 sits amid a densely populated patent environment, with numerous patents in areas such as anti-inflammatory agents, kinase inhibitors, and small-molecule therapeutics.
Competitor and Patent Mapping
The innovation cluster relevant to KR101391900 includes:
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Similar chemical classes: Researchers and firms operating in anti-inflammatory and anticancer drug development.
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Patent overlap: Many patents focus on chemical modifications similar to those claimed, leading to potential patent thickets.
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Freedom to operate (FTO) considerations: Due diligence assessing third-party patents is essential before commercialization, especially areas with overlapping protections.
Key patent players in South Korea include domestic pharmaceutical companies (Samsung Bioepis, Hanlim Pharm) and multinational corporations (Pfizer, Novartis), all engaging in patent filings for compounds with comparable therapeutic indications.
Legal and Commercial Implications
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Infringement Risks: Companies developing drugs with similar structures need to analyze claims carefully to avoid infringement.
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Licensing Opportunities: Patent holders can seek licensing agreements or settlements with potential infringers or competitors.
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Patent Challenges: Generic manufacturers may challenge the patent’s validity via post-grant oppositions or invalidation proceedings, especially if prior art can be cited.
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Strategic Patent Thickets: Competitors may develop non-infringing derivatives or seek design-arounds, emphasizing the importance of broad and adaptable patent rights.
Conclusion
KR101391900 exemplifies a targeted chemical, composition, and method patent within South Korea’s dynamic pharmaceutical landscape. Its claims crafted around specific chemical structures coupled with therapeutic methods provide a robust scope that offers valuable exclusivity rights. Nonetheless, the competitive environment necessitates vigilant patent landscape analysis, proactive patent portfolio management, and strategic IP enforcement.
Key Takeaways
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The patent's combination of compound, composition, and method claims creates a multi-layered protection, making it a valuable asset in Korea’s pharmaceutical IP portfolio.
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Its scope, narrowly defined around specific chemical structures, underscores the importance of broad claim drafting and derivative patent filings to maintain competitive advantage.
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South Korea’s patent landscape is active and densely populated in this therapeutic area, making thorough freedom-to-operate analyses essential before commercialization.
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Companies should monitor related patents for potential infringement risks and consider licensing or cross-licensing opportunities to maximize patent leverage.
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Legal challenges and patent thickets necessitate continuous IP strategy evaluation, including potential patent invalidity defenses and innovation around existing claims.
FAQs
1. What is the significance of chemical structure claims in KR101391900?
Chemical structure claims define the scope by specifying exact molecular frameworks, providing targeted protection but also requiring careful drafting to prevent workarounds by structural modifications.
2. How does KR101391900 influence drug development in South Korea?
It offers exclusive rights to specific compounds and treatments, incentivizing R&D investments and potentially acting as a barrier for competitors, shaping the competitive landscape.
3. Can competitors develop similar drugs that avoid infringing the patent?
Yes. If they alter structural features outside the scope of claims or develop alternative mechanisms, they may avoid infringement, highlighting the importance of broad patent claims.
4. How do patent landscapes affect licensing strategies?
They inform license negotiations by revealing overlapping patents, potential infringement risks, and opportunities for cross-licensing, leading to more informed IP and business decisions.
5. What future challenges might KR101391900 face?
Challenges may include patent validity disputes arising from prior art, patentability issues, or legislative changes impacting patent enforceability in Korea or internationally.
Sources:
[1] Korean Intellectual Property Office. Patent KR101391900.
