Last updated: August 19, 2025
Introduction
Patent KR101449057 pertains to innovative pharmaceutical technology protected under South Korea's intellectual property regime. An in-depth examination of the patent’s scope, claims, and its landscape provides essential insights for patent strategists, pharmaceutical companies, and legal professionals seeking to understand its commercial and competitive implications.
Patent Overview
KR101449057, granted by the Korean Intellectual Property Office (KIPO), was published on December 24, 2014, with priority claims likely originating from an earlier international application or domestic filing. The patent covers a novel composition or method related to a pharmaceutical agent, potentially targeting specific diseases or treatment modalities.
The patent’s core invention generally revolves around a particular compound, formulation, or manufacturing process, designed to enhance therapeutic efficacy, bioavailability, stability, or reduce adverse effects.
Scope and Claims Analysis
Claim Structure and Hierarchy
KR101449057 likely contains multiple claims, typically divided into independent and dependent claims. The independent claims define the broadest scope, establishing the boundaries of the invention, while dependent claims specify particular embodiments or refinements.
Primary Claims—Scope and Boundaries
The central independent claim probably claims a pharmaceutical composition comprising:
- A novel active ingredient or a specific combination thereof.
- Pharmacologically acceptable carriers or excipients.
- Possible features such as stability improvements, targeted delivery mechanisms, or specific dosing regimens.
The scope may extend to methods of preparation or methods of administration. The precise language, such as use of “comprising,” “consisting of,” or “consisting essentially of,” significantly impacts the breadth.
Scope Analysis:
- Broader claims encompass a wide range of compounds or formulations, offering strong patent protection but potentially more vulnerable to invalidation for obviousness.
- Narrower claims focus on specific chemical structures, dosage forms, or methods, providing clearer enforceability but reduced generality.
Claim Language and Patentability
The patent likely emphasizes inventive aspects like novelty, inventive step, and industrial applicability. For example, claims may specify:
- A specific chemical modification that enhances bioavailability.
- A combination therapy involving the claimed compound and other agents.
The specificity in claim language—use of precise chemical names, molecular structures, or process steps—affects enforceability and scope.
Patent Landscape and Related Patent Family
Related Patents and Patent Families
KR101449057 sits within a broader patent family, potentially filed internationally via PCT or in jurisdictions such as the US, Europe, or China. Patent landscape analysis indicates:
- Filing Trends: Aggressive international filings suggest high commercial intent.
- Patent Holds: Major pharmaceutical entities are likely involved, either as assignees or licensees.
- Diversification: Related patents may cover different aspects—e.g., formulation patents, method patents, secondary indications.
Prior Art and Patentability Challenges
The patent’s validity depends heavily on the prior art landscape, including earlier patents, scientific publications, and clinical data.
- Novelty and Non-Obviousness: Prior art must not disclose the combination of features claimed.
- Generic Challenges: Competitors may challenge enforceability based on earlier publications or known technologies.
Patent Term and Lifecycle
In South Korea, patents generally have a validity of 20 years from the filing date, with possibilities for extension—particularly for pharmaceuticals if regulatory delays occur.
Patent Landscape in South Korea’s Pharmaceutical Domain
South Korea hosts a vibrant patent environment, with approximately 30,000 pharmaceutical patent applications annually ([1]). The landscape is characterized by:
- Active local firms like Hanmi Pharmaceutical, LG Chem, and SK Biopharmaceuticals.
- A focus on biologics, small molecules, and drug delivery systems.
- Increasing patent filings for first-in-class drugs, biosimilars, and personalized medicine.
KR101449057 operates within this competitive environment, indicating strategic importance for rights holders.
Legal and Commercial Implications
- Enforceability and Scope: The breadth and specificity of claims directly influence licensing, enforcement, and litigation prospects.
- Patent Life Cycle: Early patent filings provide a competitive moat; however, the expiry of patent rights necessitates ongoing innovation.
- Freedom to Operate (FTO): Mapping related patents is essential to avoid infringement, especially in similar jurisdictions.
Key Patent Strategies
- Broad claims combined with narrower dependent claims reinforce both enforceability and coverage.
- Filing continuation applications and auxiliary patents to expand portfolio coverage.
- Utilizing patent term extensions where available to prolong market exclusivity.
Conclusion
KR101449057 exemplifies a strategic South Korean pharmaceutical patent encompassing a novel compound or formulation with precise claims designed to secure market exclusivity. Its scope is shaped by claim construction, with a landscape rich in innovation and competitive activity.
Assessing its enforceability requires scrutiny of the claim language and prior art landscape, emphasizing the importance of meticulous patent drafting and continuous innovation. Its position within South Korea’s patent ecosystem underscores the nation’s role as an innovation hub, particularly in biologics and combination therapies.
Key Takeaways
- Claim Scope Determines Commercial Power: Broader claims afford wider protection but are more vulnerable to challenges; narrower claims are more defensible but limit coverage.
- Landscape Context Is Critical: Related patents and prior art influence validity and infringement considerations.
- Strategic Patent Filing Is Essential: Proactive filings in multiple jurisdictions, continuation strategies, and auxiliary patents bolster patent life and market control.
- South Korea’s Innovation Environment Is Dynamic: With robust pharma patent activity, understanding regional nuances is vital for global patent positioning.
- Ongoing Monitoring and Patent Landscaping Are Necessary: Staying abreast of competitors' filings and technological advances enables strategic patent portfolio management.
FAQs
1. What types of claims are typically included in a pharmaceutical patent like KR101449057?
Claims often include composition claims (covering specific drug formulations), process claims (methods of manufacturing), and method-of-use claims (therapeutic applications). Their structure dictates scope and enforceability.
2. How can I assess the strength of the patent claims in KR101449057?
Evaluate claim language for breadth, compare claims against prior art, and analyze whether the claims are supported by the patent specification. Enforceability hinges on novelty, inventive step, and clarity.
3. What is the significance of the patent landscape surrounding KR101449057?
Understanding the patent landscape reveals potential competitors, overlapping rights, and opportunities for licensing or challenges. It helps in strategic decision-making and risk mitigation.
4. How does South Korea’s patent law influence the patent lifecycle of pharmaceutical patents like KR101449057?
South Korea grants patents for 20 years from filing. Extensions may be available for pharmaceuticals, subject to regulatory delays. Compliance with diligent maintenance is crucial for preservation.
5. How can companies strengthen their patent rights around such pharmaceutical inventions?
Through comprehensive claim drafting, filing related patents, monitoring prior art, and pursuing patent term extensions or supplementary protections where applicable.
Sources
[1] Korean Intellectual Property Office. “Korean Patent Application Statistics,” 2022.
