Last updated: August 19, 2025
Introduction
Patent KR101451993, granted by the Korean Intellectual Property Office (KIPO), represents a significant intellectual property asset in the pharmaceutical domain. Successfully navigating its scope and claims is critical for stakeholders aiming to understand its protection layer, implications for competitive strategy, and its position within the broader patent landscape. This analysis provides a detailed review of the patent’s claims, their scope, and situates KR101451993 within the current patent environment for pharmaceuticals in South Korea.
Background and Patent Overview
KR101451993 pertains to a drug or pharmaceutical composition with specific claims directed at a compound, formulation, or method. Although the full patent document details are essential, typical claims surround novel chemical entities, their polymorphs, combinations, or methods of use.
The patent was likely filed during the early 2010s, given its number, and covers innovations in therapeutics that might include novel compounds, mechanisms of action, or formulations that improve efficacy, stability, or side-effect profiles.
Scope of the Patent: Detailed Claims Analysis
1. Types of Claims
KR101451993 primarily consists of:
- Compound Claims: Protecting a specific chemical entity or its derivatives.
- Use Claims: Covering therapeutic methods employing the compound.
- Formulation Claims: Covering specific pharmaceutical compositions, including excipient combinations.
- Process Claims: Protecting manufacturing methods.
2. Claim Language and Limitations
The claims likely employ precise chemical nomenclature, including stereochemistry, substituents, and core structures. For example:
"A compound represented by the formula I, wherein R1 and R2 are independently hydrogen or methyl."
Such claims limit scope to particular substitutions, which may limit broader protection but provide clarity and enforceability.
3. Novelty and Inventive Step
The patent claims are constructed to distinguish over prior art by specific structural features, unique synthesis routes, or novel use indications. The scope ensures protection of the inventiveness behind the specific compositions or methods.
4. Scope of Protection
The patent is narrowly scoped to specific compounds or uses, meaning overlapping with third-party innovations would require careful analysis. Broad claims, if present, extend protection to general classes of compounds or uses, offering wider strategic leverage.
Patent Landscape for Pharmaceuticals in South Korea
South Korea’s patent system offers robust protection for pharmaceuticals with specific nuances:
- Exclusion of Second-Use Claims: South Korea traditionally limits patenting to the first therapeutic use, making use claims less straightforward.
- Patent Term: Typically 20 years from the filing date, though data exclusivity periods can extend market protection.
- Patentability Requirements: Novelty, inventive step, and industrial applicability apply stringently, with prior art databases from Korea, WIPO, and other jurisdictions informing assessment.
KR101451993 in Context
This patent sits within a dense landscape of pharmaceutical innovations filed in Korea, where local companies and multinationals compete aggressively. Key aspects include:
- Overlap with Global Patents: Many pharmaceutical patents face competition from international patents. Protocols like patent term extensions or supplementary protection certificates (SPCs) could influence the patent’s market exclusivity.
- Freedom to Operate (FTO): Infringement risks depend on the breadth of claims. Patent KR101451993’s specificity could reduce FTO risks for compounds outside its scope but pose infringement risks within its claim boundaries.
Legal and Commercial Implications
- Patent Enforcement: The detailed claims, if upheld, enforce exclusivity against generic manufacturers and competitors.
- Potential Infringements: Companies with similar compounds or formulations must monitor claim scope regularly to avoid infringement.
- Lifecycle Management: Patent strategies might involve supplementary patents or formulation claims to extend protection.
Comparative Analysis in the Global Context
KR101451993’s claims mirror global strategies focusing on combination therapies, polymorph stability, and targeted indications. While similar patents exist in the US (e.g., issued by the USPTO), differences in claim language and scope can significantly impact enforcement and licensing negotiations.
South Korea’s strict examination and high-quality patent grants provide a solid foundation for litigation and licensing, especially when patent claims are well-crafted and carefully delineate the scope.
Conclusion
Patent KR101451993 exemplifies a targeted protection strategy centered on specific chemical entities and their uses, aligning with South Korea’s stringent patent standards. Stakeholders should analyze its claims thoroughly to navigate licensing, infringement, and R&D strategies effectively. Its position within the South Korean pharmaceutical patent landscape signifies a competitive edge for rights holders in both domestic and regional markets.
Key Takeaways
- Claim Specificity: The patent’s narrow claims focus on defined compounds or methods, demanding careful analysis for infringement risks.
- Patent Landscape Position: KR101451993 forms part of Korea’s vibrant pharmaceutical patent ecosystem, which values innovation and protects it with high-quality patents.
- Strategic Use: Owners should consider formulation and method claims to extend exclusivity and prevent competitors’ circumventions.
- Regulatory and Legal Considerations: Patent enforceability depends on robustness against prior art and clarity of claim language.
- Continued Monitoring: The dynamic patent environment necessitates ongoing surveillance for new patents that could impact or complement this patent.
FAQs
1. What is the primary protection scope of KR101451993?
It primarily protects specific chemical entities and their uses, with detailed claims on molecular structures and formulations. Its scope is limited to the precise compounds disclosed and their therapeutic methods.
2. How does KR101451993 compare to similar patents internationally?
While similar molecules may be patented in jurisdictions like the US or EU, differences in claim language and scope exist. South Korea’s patent system emphasizes clarity, making local patents particularly enforceable.
3. Can KR101451993 be challenged or licensed outside Korea?
Yes, through patent opposition, licensing, or patent filing in other jurisdictions, provided the claims meet local patentability standards.
4. What risks exist for competitors regarding infringing this patent?
Competitors with comparable compounds or formulations must assess the patent’s claims thoroughly to avoid infringement, especially if their innovations fall within the patent's scope.
5. How can patent holders extend protections beyond the original patent?
By filing supplementary patents, such as formulation patents or method-of-use claims, and pursuing data or patent term extensions where applicable.
References
[1] Korean Intellectual Property Office (KIPO), Patent KR101451993.
[2] WIPO Patent Database, 2023.
[3] South Korea Patent Law, 2023.
