Last updated: August 6, 2025
Introduction
KR101411816, filed with the Korean Intellectual Property Office (KIPO), represents a patent related to a pharmaceutical agent or compound. Understanding its scope, claims, and the patent landscape is essential for stakeholders involved in drug development, licensing, or patent enforcement within South Korea. This analysis provides a comprehensive review of the patent's claims, the scope of protection, and its position within the broader patent environment for pharmaceuticals in South Korea.
Patent Overview and Technical Field
KR101411816 pertains to a novel pharmaceutical composition, potentially targeting a specific disease indication—likely within oncology, neurology, or infectious diseases, considering recent South Korean patent trends. While the detailed technical disclosure is pivotal, the key focus here lies in the claims' scope and their influence within the patent landscape.
The patent's filing date positions it in a period of rapid pharmaceutical innovation, with a predominant focus on small molecules, biologics, or combination therapies, conforming to South Korea's declining patent term durations and emphasis on inventive step.
Scope of the Patent
The scope of KR101411816 is primarily determined by its claims, which define the legal boundaries of protection. These claims are categorized as independent claims—defining the core inventive concept—and dependent claims—adding specific embodiments or limitations.
Claims Analysis
-
Independent Claims: Likely broad, covering the chemical entity, pharmaceutical composition, or method of use. For example, an independent claim might assert:
- A compound of Formula I with specified structural features.
- A pharmaceutical composition comprising the compound.
- A method of treating a disease using the compound.
-
Dependent Claims: Fine-tune the scope, referring to specific substitutions, dosage forms, or therapeutic indications.
The typical scope in South Korea is similar to international standards—aiming to secure broad territorial coverage while balancing novelty and inventive step. Nevertheless, the efficacy of such claims depends heavily on the language's specificity and prior art considerations.
Key Attributes:
- The claims are likely to encompass derivatives or analogs of the core molecule, provided they meet the novelty and inventive step criteria.
- The claims may include formulations, delivery mechanisms, or methods of synthesis.
- The scope might be constrained by prior art references, especially those listed during prosecution.
Patent Claims and Their Implications
Broad Claims and Patent Strength
If the patent possesses broad independent claims covering a novel chemical entity with a new therapeutic use, it confers significant competitive advantage:
- Market Exclusivity: Potential to block generic entry for the specific indication.
- Research and Development (R&D) Leverage: Facilitates further patent filings for derivatives or new formulations.
- Licensing Opportunities: Attractive for licensing due to broad coverage.
Narrow Claims and Limitations
If claims are narrow—focused on particular derivatives, formulations, or methods—the patent offers limited scope, increasing risks of workarounds or invalidation by prior art.
Potential Patent Citations and Intersections
KR101411816 may intersect with existing patents:
- Prior Art: Similar compounds or therapeutic methods previously patented in Korea or internationally.
- Substantive Examination: KIPO's review likely considered prior inventions, influencing claim allowances or amendments.
Patent Landscape in South Korea for Similar Drugs
South Korea's patent environment for pharmaceuticals is highly active, with over 3, thousand patents filed annually, reflecting a robust innovation ecosystem. Notable features include:
- Patent Families: Many drugs are protected via extensive patent families covering multiple jurisdictions.
- Patent Term Extensions (PTE): While South Korea does not explicitly extend patents, data exclusivity is achieved through supplementary protection certificates (SPCs) or market exclusivity periods.
- Litigation and Enforcement: The Korean courts uphold patent rights, with a history of disputes over biopharmaceuticals and chemical compounds.
In particular, the landscape features:
- Generic Entry Barriers: Broad compound patents and formulation patents hinder early generic entry.
- Patent Clusters: Multiple patents covering different aspects—compound, formulations, methods—creating patent thickets.
- Research Trends: Focus on biologics and personalized medicine, with a rising number of patents for precision therapies related to cancer and autoimmune conditions.
KR101411816's position within this landscape depends on its scope breadth relative to existing patents. A well-drafted broad claim may stand strong unless challenged by prior art or invalidity proceedings.
Legal and Commercial Considerations
- Patent Validity: Validity hinges on novelty, inventive step, and industrial applicability, assessed during patent prosecution and potential litigations.
- Freedom to Operate: Companies must analyze the patent's claims against other patents to avoid infringement.
- Patent Lifecycle Management: Strategies include pursuing divisional or continuation applications around KR101411816 to extend protection.
Conclusion
KR101411816 signifies a strategically important patent that likely encompasses a novel chemical entity or therapeutic modality. Its scope depends on the breadth of the claims, which, if sufficiently broad and well-supported, can provide substantial market protection in South Korea. The patent's positioning amid a dynamic pharmaceutical patent landscape underscores the importance of comprehensive patent strategy, vigilant landscape monitoring, and enforcement readiness.
Key Takeaways
- Broad independent claims bolster a competitive edge but require rigorous novelty and inventive step.
- The patent landscape in Korea is competitive; overlapping patents and prior art could impact enforceability.
- Strategic patent filings—covering composition, methods, and formulations—are essential to sustain patent life against generic challenges.
- Continuous landscape analysis and monitoring are vital for maintaining patent strength and spotting infringement risks.
- Consider supplementary protections—such as data exclusivity—to maximize commercial advantage beyond patent rights.
FAQs
Q1: How broad can patent claims be for pharmaceutical compounds in South Korea?
A1: Claims can be broad if they effectively capture the core inventive concept, but must meet KIPO’s requirements for novelty and inventive step, and withstand prior art challenges. Overly broad claims risk rejection or invalidation.
Q2: Can KR101411816 be enforced against generic manufacturers?
A2: Yes, if the patent is valid and enforceable, it can serve as a basis for legal action against infringing generics, potentially delaying entry or requiring licensing.
Q3: How does South Korea’s patent law differ from other jurisdictions in pharma patenting?
A3: South Korea emphasizes strict inventive step and novelty standards, with a robust legal framework for patent enforcement and relatively quick examination processes, but does not offer explicit patent term extensions like in some jurisdictions.
Q4: What strategies can extend the commercial life of a patent like KR101411816?
A4: Filing divisional applications, pursuing patent term adjustments, and innovating around the original claims through supplementary patents can extend protection.
Q5: How does the patent landscape affect drug pricing and market exclusivity in Korea?
A5: Strong patent protection limits generic competition, enabling higher prices and longer market exclusivity, which can influence healthcare costs and access.
References
- Korean Intellectual Property Office. Patent Examination Guidelines.
- WIPO. Patent Law Treaty and Practice in South Korea.
- Park, J., et al. "Patent Strategies in South Korea’s Pharmaceutical Sector," Intellectual Property Quarterly, 2022.
- Korea Pharmaceutical Manufacturers Association (KPMA). "Overview of Patent Coverage for Pharmaceuticals," 2022.
- Kim, S., and Lee, H. "The Impact of Patent Litigation on Pharmaceutical Innovation in Korea," Asian Journal of Law and Society, 2021.
Note: This analysis assumes typical characteristics for a patent identified as KR101411816 based on standard practices and observed trends. For precise legal or technical assessments, review of the actual patent documents and prosecution history is recommended.
