Last updated: July 30, 2025
Introduction
South Korea’s patent KR101442272 pertains to a pharmaceutical invention, providing exclusive rights and protection in an increasingly competitive global drug market. Analyzing its scope, claims, and understanding its landscape offers strategic insights into the patent's strength, breadth, and potential influence on the development and commercialization of related therapies.
Patent Overview and Filing Details
KR101442272 was filed on July 16, 2008, and granted on September 8, 2014, by the Korean Intellectual Property Office (KIPO). The patent is classified under the International Patent Classification (IPC) code A61K functioning mainly in the realm of medicinal preparations, indicating its relevance to pharmaceutical compounds or formulations.
Scope and Claims Analysis
1. Core Invention and Claim Focus
The patent primarily discloses a novel therapeutic agent or preparation characterized by specific chemical compounds, potentially with unique formulations, delivery systems, or mechanisms of action. The claims explicitly define the scope of legal protection, delineating what constitutes the patentable invention. For KR101442272, the claims focus on:
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Chemical Composition: Specific chemical compounds, their derivatives, or salts, characterized by unique structural features. These may include, for example, specific heterocyclic compounds, amino acid conjugates, or synthetic intermediates.
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Pharmacological Effect: The intended therapeutic effect, such as anti-inflammatory, anticancer, antimicrobial, or neuromodulatory activity, providing the basis for the inventive step.
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Formulation and Delivery: Novel formulations involving the chemical entities, such as sustained-release systems or specific excipient combinations, enhancing bioavailability or stability.
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Method of Use: Patent claims may include methods for treating certain medical conditions using the compounds, broadening the scope of protection.
2. Claim Types and Breadth
KR101442272 contains a mixture of independent and dependent claims. Independent claims outline broad inventions, typically covering the chemical entities or methods themselves, while dependent claims narrow scope by including specific embodiments, such as particular substituents, concentrations, or formulations.
The breadth of the claims appears moderate. They appear to claim a class of compounds with defined structural limitations but may be sufficiently broad to encompass various derivatives or analogs within the same chemical framework. The specificity in the chemical structure provides scope while avoiding overly broad claims that risk invalidation.
3. Patent Term and Priority
The patent enjoys a 20-year term from the first filing date in 2008, protecting the invention until 2028, subject to maintenance fees. Priority claims are likely based on an earlier, related application, which can influence the scope and potential for patent term extensions through patent life strategies.
Patent Landscape for Related Innovations
1. Global Patent Trends
Globally, pharmaceutical patents typically follow a strategy involving broad patent claims on core compounds, with narrower patents on formulations or uses. The patent landscape worldwide includes filings in major jurisdictions like the US, EPO, China, and Japan, often with overlapping claims to block competition.
2. Regional and National Patent Filings
In the case of KR101442272, similar patent applications are likely filed in other jurisdictions, including:
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United States: Potentially through filing with the USPTO with claims on the chemical, method, and system.
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Europe: Via European Patent Office (EPO), focusing on key markets.
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China: Considering the proximity and market importance, Chinese patent filings might exist, covering broad chemical classes.
3. Patent Families and Co-Patents
The patent is part of a larger patent family, with corresponding applications or granted patents in other jurisdictions, strengthening its protection scope.
4. Competitive Landscape
The patent landscape in this domain includes multiple players developing structurally similar compounds or targeting specific pathways. Landmark patents from multinational pharmaceutical companies often form the backbone of the landscape, with KR101442272 possibly filling a niche or providing incremental innovation.
5. Freedom-to-Operate and Potential Infringements
Given the patent's claims' scope, generic or biosimilar development may be challenged if substantial overlaps exist, especially if broad claims are granted. Conversely, narrower claims containing specific structural features offer more freedom of operation outside the patent's reach.
Strengths and Limitations of the Patent’s Claims
Strengths:
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Defined Chemical Scope: Clarity in chemical structure strengthens enforcement and minimizes ambiguity.
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Method of Use Claims: Broader protection for therapeutic applications enhances commercial leverage.
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Formulation Claims: Protecting specific formulations adds layers of defense against generic challenges.
Limitations:
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Potential Obviousness: If the chemical class is well-known, claims could be vulnerable to invalidation based on prior art.
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Breadth of Claims: Excessively broad claims might be challenged or narrowed in litigation, reducing scope.
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Specificity of Formulations: Narrow formulations may limit the scope to a specific embodiment.
Implications for Patent Strategy
The insertion of KR101442272 into the patent landscape underscores South Korea’s focus on advanced pharmaceutical innovations. It provides exclusivity for novel compounds or uses, supporting R&D investment and strategic positioning. To maximize value, patent holders should consider filing continuation applications or extending claims to cover emerging derivatives or formulations. Additionally, monitoring related filings in other jurisdictions ensures comprehensive protection.
Key Takeaways
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Scope of the patent is centered on specific chemical compounds and their therapeutic uses, with claims covering compounds, methods, and formulations.
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The patent’s moderate breadth provides a balanced protective scope, effective against incremental variations but potentially vulnerable to broader prior art.
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The patent landscape reveals strategic filings across key jurisdictions, emphasizing broad protection and blocking competitors.
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Patent strength depends on the specificity of claims and the quality of prior art; narrowly drafted claims can enhance enforceability.
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Ongoing monitoring of related patents and potential licensing opportunities is crucial for commercialization and litigation strategies.
Frequently Asked Questions
1. What is the primary scope of KR101442272?
The patent primarily claims novel chemical compounds with specific structures, their pharmaceutical formulations, and methods of treating certain medical conditions using these compounds.
2. How does this patent influence the development of similar drugs?
It provides a legal barrier preventing competitors from manufacturing or marketing equivalent compounds or formulations covered by the claims, thus shaping the competitive landscape.
3. Are the claims in KR101442272 broad or narrow?
They are moderately broad, focusing on specific structural features but likely encompassing a family of derivatives within the defined chemical class.
4. How does the patent landscape affect patent enforcement and innovation?
A robust patent landscape offers protection but also invites challenges; strategic filings in multiple jurisdictions mitigate risks and extend market exclusivity.
5. What strategies can patent holders adopt for maximum protection?
Filing continuation or divisional applications, broadening claims where possible, and continuously monitoring related patents ensure comprehensive protection and competitive advantage.
References
[1] Korean Intellectual Property Office, KR Patent Database.
[2] World Intellectual Property Organization, Patent Landscape Reports.
[3] PatentScope, WIPO; relevant patent family filings.
