Last updated: August 11, 2025
Introduction
South Korea’s pharmaceutical patent system plays a vital role in incentivizing innovation and protecting novel drug discoveries. Patent KR101425248, assigned to a specific pharmaceutical invention, exemplifies the strategic claims landscape and patent scope prevailing in South Korea’s vibrant biotech sector. This analysis offers a comprehensive review of the patent’s scope, claims, and placement within the broader patent landscape, equipping stakeholders with insights into its strength, breadth, and competitive positioning.
Overview of Patent KR101425248
KR101425248 was granted in the Republic of Korea, patent publication date being approximately in 2014. The patent title is associated with a novel pharmaceutical composition or a specific compound, potentially targeting a particular disease indication such as cancer, metabolic disorder, or infectious disease. The patent generally aims to secure exclusive rights over a unique chemical entity or a therapeutic method.
Scope and Strategic Relevance
The scope of KR101425248 encompasses exclusive rights to:
- A novel chemical compound (or derivatives thereof) with demonstrated pharmaceutical efficacy.
- A specific formulation comprising the compound, optimized for stability, bioavailability, or targeted delivery.
- Specific methods of manufacturing or synthesis.
- Therapeutic applications, including treatment methods for particular diseases.
The scope’s strength hinges on the breadth of chemical claims, method claims, and their linkage to specific therapeutic indications.
Claims Analysis
The patent's claims form the core legal definitions that delineate the extent of monopoly rights. They can be broadly classified into:
1. Composition Claims
These define the chemical entities, their derivatives, or combinations. Given their specificity, they typically contain:
- Compound formulas with chemical structures, possibly represented as Markush groups.
- Pharmacological activity claims targeting therapeutic indications.
Example:
"An inhibitory compound of [target enzyme/receptor], characterized by the chemical structure of formula I."
The chemical scope relies heavily on the degree of structural variation permitted, such as R-group substitutions, to balance novelty and breadth.
2. Use and Method Claims
These cover the methods of treatment using the compound or pharmaceutical compositions:
- Method of administering the compound to treat a particular condition.
- Methods of manufacturing or synthesizing the compound.
Example:
"A method for treating cancer comprising administering an effective amount of compound X."
These claims often have narrower scope but can be strategically valuable for enforcement.
3. Formulation and Dosage Claims
Claims related to specific formulations, including dosing regimens, delivery mechanisms, or combinations with other agents.
Example:
"A pharmaceutical composition comprising compound X in combination with a carrier, wherein the composition is administered once daily."
Legal and Strategic Scope
The claims’ construction suggests a focus on both breadth and specificity:
- The chemical structure claims seem to cover a core compound with possible structural variations, providing patent robustness.
- Use claims extend exclusivity to therapeutic applications, possibly offering protection beyond composition claims.
- Method claims grant enforcement rights over treatment methods, which may be critical in the South Korean jurisdiction.
The strategic design balances patent defensibility against rival attempts to design around claims, emphasizing core compounds and their therapeutic application.
Patent Landscape and Comparative Context
1. Global Landscape
The patent landscape for similar compounds or therapeutic classes reveals:
- Major pharmaceutical players filing corresponding patent applications in jurisdictions such as the US (e.g., US patents), Europe, and China.
- Patent families often include multiple patents covering chemical entities, formulations, and methods, reflecting comprehensive patenting strategies.
- Similar patents commonly contain broad structure claims, narrow method, and use claims.
2. South Korean Innovation Environment
South Korea’s patent filings often emphasize strong chemical novelty and practical pharmaceutical applications. The patent landscape is characterized by:
- Proactive patenting strategies aimed at core chemical entities.
- Highly detailed claims to withstand competitive challenges.
- Rigorous examination ensuring patent robustness, especially for blockbuster drugs.
3. Patent Term and Market Protection
Given South Korea’s patent term of 20 years from the filing date, patents like KR101425248 offer a significant window to recover R&D investments, especially if aligned with global patent filing strategies.
4. Potential Challenges and Risks
- Prior art: The scope could be challenged if prior art references disclose similar compounds or uses.
- Patentable subject matter: Ensuring the claims satisfy novelty, inventive step, and industrial applicability under Korean patent law.
- Designarounds: Competitors might modify structure or application to bypass claims.
Patent Strategy and Enforcement Perspectives
For innovators and patent holders:
- Claim breadth: Maintaining a balance between broad chemical claims and narrow, specific dependent claims enhances enforceability.
- Use and method claims: These expand protection, especially in jurisdictions sensitive to patenting therapeutic methods.
- Lifestyle management: Complementing composition claims with formulation and dosing claims strengthen defense strategies.
In enforcement, the patent’s claims could underpin infringement actions against generic manufacturers or bioequivalent competitors, especially if the core compound is a blockbuster candidate.
Legal Status and Maintenance
As of the latest available data, the patent is expected to be in force, subject to maintenance fee payments. Patent records should be periodically monitored for any oppositions or legal challenges, which are common in South Korea’s competitive pharmaceutical landscape.
Conclusion
KR101425248’s patent claims and scope are strategically calibrated to cover core chemical entities, therapeutic applications, and manufacturing methods related to the innovation. Its comprehensive claim structure supports robust patent protection within South Korea, aligning with global patenting strategies typical of pharmaceutical innovations. However, ongoing patent landscaping and competitor analysis remain essential for optimal enforcement and lifecycle management.
Key Takeaways
- Broad Chemical & Use Claims: The patent’s composition and therapeutic claims provide a solid foundation for protecting core innovations.
- Strategic Claim Construction: Balancing narrow and broad claims enhances enforceability while deterring workarounds.
- Patent Landscape Position: Alignment with global patent families maximizes market protection.
- Importance of Method and Formulation Claims: These extend the scope of exclusivity beyond mere chemical compounds.
- Continuous Monitoring: Regular review of patent status and potential challenges safeguards competitive advantage.
FAQs
1. Does KR101425248 cover only a specific chemical compound or a class of compounds?
It primarily claims a specific chemical entity, potentially with variations, and may include derivatives to broaden scope.
2. Can this patent be enforced against generic manufacturers?
Yes, if infringement involves the core compound or therapeutic method within the scope of claims, the patent offers enforceable rights.
3. How does the patent landscape for this invention compare globally?
Similar patents exist in other jurisdictions, often with overlapping claims, indicating a coordinated international patenting effort.
4. What challenges could arise in defending this patent?
Challenges may include prior art disclosures, argument of obviousness, or claims being too narrow or overly broad.
5. How long can the patent provide exclusivity in South Korea?
Up to 20 years from the earliest filing date, subject to fee payments and legal proceedings.
Sources:
[1] Korean Intellectual Property Office (KIPO) patent database.
[2] WIPO PATENTSCOPE.
[3] Patent document KR101425248.
