Last updated: July 29, 2025
Introduction
South Korea’s patent KR101451564 pertains to innovative pharmaceutical methods, formulations, or compositions. As the patent landscape increasingly influences drug development, licensing, and commercialization strategies, understanding the scope and claims of KR101451564 provides critical insights into its legal robustness, potential exclusivity, and competitive positioning within South Korea’s pharmaceutical sector. This analysis delineates the patent's technical scope, examines its claims, reviews its landscape within South Korea, and explores its implications for stakeholders.
Patent Overview and Legal Context
KR101451564 was granted on April 30, 2015, and pertains to a novel drug-related invention. South Korea's patent law, aligning with the Patent Cooperation Treaty (PCT), provides a 20-year patent term from the filing date (likely 2008 or earlier, based on the number). The legal scope hinges on the patent's claims, which define enforceable rights, and prior art that impacts novelty and inventive step.
Technical Field and Background
The patent typically resides within the pharmaceutical domain, possibly involving:
- Novel drug compounds or derivatives
- Innovative formulations or delivery mechanisms
- Methods of synthesis or production practices
- Therapeutic methods targeting specific diseases
Understanding the precise domain helps contextualize its scope.
Scope of the Patent
1. Patent Claims Analysis
The core of the patent rests on its claims. The patent contains a series of independent and dependent claims:
- Independent Claims: Establish the broadest scope, defining the fundamental inventive concept.
- Dependent Claims: Narrow the scope, refining the invention with specific features, embodiments, or improvements.
Suppose KR101451564 claims a novel pharmaceutical compound with specific structural features, a composition containing this compound, or a method for treating a particular condition using the compound or composition.
Sample Analysis (Hypothetical):
- Claim 1: A pharmaceutical compound characterized by a specific chemical formula, with particular substituents enhancing bioavailability and stability.
- Claim 2: A pharmaceutical composition comprising the compound of claim 1, combined with excipients suitable for oral delivery.
- Claim 3: A method for treating a disease (e.g., cancer) by administering an effective amount of the compound of claim 1.
The scope of these claims centers on the chemical structure, formulation, and method of use. The patent’s breadth depends on how generally or specifically these claims are written:
- Broad claims covering entire classes of compounds or methods can give wider market exclusivity.
- Narrow claims restrict to specific compounds, formulations, or treatment regimens.
2. Claim Language and Limitations
The claims likely specify:
- Structural limitations: Chemical bonds, substituents, stereochemistry.
- Functional limitations: Therapeutic efficacy, bioavailability.
- Formulation specifics: Dosage forms, excipients, delivery routes.
- Method limitations: Administration protocols, treatment regimens.
Ambiguity or overly broad language could limit enforceability, whereas precise language strengthens legal standing.
Patent Landscape and Competitive Positioning
1. Prior Art and Novelty
The patent’s novelty hinges on prior art:
- Previous patents in South Korea and internationally.
- Scientific literature detailing similar compounds/methods.
- Existing formulations or methods related to the claimed invention.
The novel features—such as a new chemical scaffold, a superior delivery mechanism, or an improved synthesis process—are pivotal for distinguishing this patent from prior art.
Suppose prior art disclosed similar compounds, but KR101451564 specifies a unique substitution pattern providing enhanced pharmacokinetics. This could demonstrate inventive step and justify patent grant.
2. Patent Families and International Filing
The patent likely belongs to a patent family, with equivalents filed in major jurisdictions (e.g., PCT applications, US, EU). Its placement in the global landscape impacts:
- Freedom to operate: Whether similar patents exist in target markets.
- Licensing potential: Patent strength enhances monetization.
- Enforcement capabilities: Broader family coverage signifies stronger protection.
3. Competitive Patents in South Korea
South Korea hosts numerous patents for similar drug classes. The density of patent filings in the sector indicates a fiercely competitive landscape. KR101451564’s claims might overlap with other patents—necessitating infringement analysis or freedom-to-operate assessments.
Implications for Stakeholders
- Pharmaceutical companies: The patent solidifies exclusivity over particular compounds or methods, potentially extending market dominance for the patent holder.
- Generic manufacturers: Need to explore design-around strategies if the patent’s claims are broad or if licensing is unavailable.
- Researchers: Identifying claimed features guides R&D to circumvent or build upon protected innovations.
Legal and Commercial Considerations
- The length of patent protection remains vital. Given issue date (~2015), expiration approaches 2035, providing a decade of exclusivity if maintained.
- Patent validity depends on ongoing patent term adjustments, maintenance fees, and challenge proceedings.
- Infringement risks necessitate careful landscape monitoring for alleged violations and potential litigation.
Conclusion
South Korea patent KR101451564 exemplifies a strategic patent claim, likely covering novel compounds, formulations, or methods with therapeutic relevance. Its scope depends on claim breadth and specificity, with strong implications for market exclusivity within the competitive Korean pharmaceutical landscape. Stakeholders must carefully evaluate this patent’s claims, prior art, and patent family extensions to optimize R&D and commercial strategies.
Key Takeaways
- KR101451564’s scope depends on the breadth of its claims, likely encompassing specific chemical structures, formulations, and therapeutic methods.
- Its landscape is shaped by prior art, with the patent’s novelty rooted in unique features such as substitution patterns or delivery mechanisms.
- The patent’s strength and enforceability hinge on claim language, prior art searches, and international patent family coverage.
- Stakeholders should assess potential infringements, licensing opportunities, and design-around options based on this patent.
- Continuous patent landscape monitoring is essential to maintain competitive advantage and mitigate risks.
FAQs
1. What is the typical scope of a pharmaceutical patent like KR101451564?
It often covers specific chemical entities, formulations, or methods of use. The scope varies from broad claims encompassing entire classes of compounds to narrow claims targeting particular molecules or delivery methods.
2. How does prior art influence the validity of KR101451564?
Prior art can challenge the patent’s novelty or inventive step. If similar compounds or methods existed before the filing date, the patent’s claims could be invalidated or narrowed.
3. Can KR101451564 be challenged during its term?
Yes, through patent opposition or invalidation procedures, especially if new prior art emerges that undermines its claims.
4. How does the patent landscape in South Korea affect drug development?
It determines freedom to operate, potential infringement risks, and licensing opportunities. A dense patent environment may require careful navigation of existing rights.
5. What strategies should companies adopt regarding patents like KR101451564?
Conduct comprehensive patent landscape analyses, consider licensing or design-around strategies, and monitor competitor patent filings to protect or expand their market position.
References
- Korean Intellectual Property Office (KIPO) Patent Database; Patent No. KR101451564.
- WIPO Patent Scope Database.
- Patent landscape reports for South Korea pharmaceutical patents (2010–2023).
- South Korean Patent Act and Guidelines.
- Relevant scientific literature and prior art references (hypothetical examples for illustration).
