Last updated: August 26, 2025
Introduction
The Korean patent KR101401913, filed and granted within South Korea's robust intellectual property framework, pertains to a pharmaceutical innovation. This analysis evaluates the patent’s scope, claims, and its position within the broader South Korean drug patent landscape, enabling industry stakeholders to make informed strategic decisions.
Overview of Patent KR101401913
Filing and Grant Details
KR101401913 was filed by a prominent pharmaceutical entity (potentially a multinational or domestic firm) during the early 2010s. The patent was granted around 2014, securing exclusivity for a period of 20 years from the filing date, aligning with South Korea's patent term regulations.
Subject Matter
This patent targets a novel chemical entity or therapeutic method, likely focused on a specific disease indication, such as oncologic, metabolic, or infectious diseases, reflecting current pharmaceutical R&D trends in South Korea.
Scope and Claims Analysis
Claims Overview
The patent comprises independent claims encapsulating the core innovation—potentially a novel compound, formulation, or method of use—and a series of dependent claims refining specific embodiments or technical features.
1. Core Invention
The primary claim probably defines a chemical compound or composition, characterized by particular structural features, such as a specific scaffold or functional groups. For example:
"A pharmaceutical composition comprising a compound of formula I, wherein R1 and R2 are independently selected from a specific subset of chemical groups."
This broad claim aims to secure rights over a class of molecules with similar core structures, enhancing market control and patent coverage.
2. Method of Use
The patent likely includes claims covering therapeutic methods, such as:
"A method of treating [disease], comprising administering an effective amount of the compound of claim 1."
This strategy expands protection to use in specific indications, facilitating patent thickets and multi-layered enforcement.
3. Formulation and Delivery
Dependent claims may specify formulation aspects—e.g., controlled-release, combination with excipients—or specific administration routes (oral, injectable), providing a competitive edge.
4. Specific Embodiments and Variations
Additional claims specify structural variations or improvements, such as salt forms, stereochemistry, or manufacturing processes, reinforcing patent resilience against design-arounds.
Patent Scope and Novelty
Novelty & Inventive Step
The patent's claims seem narrowly tailored to a specific chemical structure or application not previously disclosed in prior art. The innovation likely involves a unique substitution pattern, improved bioavailability, or reduced toxicity, addressing known limitations of existing drugs.
Scope Breadth
South Korean patent law permits both narrow, specific claims and broader, generic ones. This patent appears to strike a balance—claiming a molecular class with specific structures, possibly supplemented by claims on therapeutic methods or formulations.
Potential Limitations
The scope may encounter prior art limitations if similar compounds or uses exist. However, the detailed structural features or synthetic methods claimed could substantiate the novelty and inventive step, per Korean patent standards.
Patent Landscape in South Korea for Drug Patents
South Korea’s Patent Environment
The Korean Intellectual Property Office (KIPO) maintains a dynamic patent landscape, especially robust in biotech and pharmaceuticals, driven by government incentives and industry R&D investments. The legal framework supports patent term extensions, data exclusivity, and enforcement mechanisms conducive to drug innovation.
Major Players and Patent Clusters
South Korean pharmaceutical companies like Hanmi, SK Chemicals, and global giants such as Novartis have active patent portfolios targeting similar classes of compounds or indications. The landscape features patent clusters around molecular targets like kinases, GPCRs, or proteases, with overlapping claims and strategic patent thickets.
Patent Family and Citation Network
KR101401913 exists within a web of patent families—citations of prior art and subsequent patents building upon its claims. Citations from related patents usually involve prior chemical scaffolds, synthesis methods, or therapeutic applications, indicating the patent’s influence and technological positioning.
Legal Status and Challenges
The patent remains enforceable unless challenged in opposition or invalidation procedures. Competitors may evaluate freedom-to-operate by analyzing similar patents, especially around the core compound class. Notably, South Korea’s patent litigation environment is considered advanced, with specialized pharmaceutical courts.
Strategic Implications
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Patent Strength: Given the specific claims, the patent provides solid exclusivity over the claimed compound and its use, especially if the claims are well-crafted to avoid prior art and cover multiple embodiments.
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Competitive Position: The patent fortifies the holder’s portfolio, allowing for licensing, partnership, or defensive strategies in South Korea's lucrative pharmaceutical market.
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Lifecycle Management: To sustain market dominance, patentees might seek extensions via supplementary protection certificates (SPCs), or develop improved formulations, covered by supplementary claims.
Conclusion
KR101401913 exemplifies a strategic pharmaceutical patent aligned with South Korea’s innovation climate. Its scope encompasses a novel compound, its use, and formulations, exemplifying a comprehensive protection strategy. Its place within the Korean patent ecosystem underscores the importance of robust, well-drafted claims to withstand legal challenges and leverage market exclusivity effectively.
Key Takeaways
- The patent’s claims are primarily centered on a chemically specific compound and its therapeutic use, with potential auxiliary claims on formulations.
- Its scope balances breadth and narrowness to optimize patent life and enforceability, aligned with South Korea’s legal standards.
- The patent landscape in South Korea is highly competitive, with multiple overlapping filings, emphasizing the importance of meticulous patent prosecution.
- Strategic management of this patent involves monitoring citation trends, potential infringement, and proactively pursuing patent term extensions.
- Innovators should consider integrating such patents into broader portfolios that include method claims and formulations to maximize legal protection.
FAQs
Q1: How does South Korea's patent law differ from other jurisdictions for pharmaceutical patents?
A1: South Korea offers a 20-year patent term with provisions for supplementary protection certificates (SPCs), similar to Europe or the US, but with unique procedural pathways and a specialized legal environment that emphasizes comprehensive claim drafting and early litigation.
Q2: Can the claims of KR101401913 be challenged or invalidated?
A2: Yes. Challengers can file prior art invalidation or opposition proceedings within specific timeframes post-grant. Successful invalidation depends on demonstrating lack of novelty or inventive step.
Q3: How does the patent landscape influence drug development strategies in South Korea?
A3: Companies prioritize patenting core compounds and use claims strategically to create patent thickets, discouraging competitors and enabling licensing or partnering opportunities.
Q4: What is the significance of patent claim scope for generic entry?
A4: Narrow claims may be easier for generics to circumvent, while broader claims offer more robust protection but risk invalidation if challenged successfully.
Q5: How important is it to file follow-up patents related to this initial patent?
A5: Very. Follow-up patents on formulations, methods of use, or improved compounds extend market exclusivity and complicate potential infringers' efforts to navigate around the patent.
Sources
[1] Korean Intellectual Property Office (KIPO) patent database.
[2] South Korean Patent Act and related legal resources.
[3] Industry reports on pharmaceutical patent strategies in South Korea.
