Last updated: August 24, 2025
Introduction
Patent KR101491541, granted in South Korea, represents a significant intellectual property asset within the pharmaceutical sector. Analyzing its scope, claims, and the broader patent landscape offers strategic insight into its strength, potential for generic challenge, and innovation positioning. This examination aids stakeholders—pharmaceutical companies, legal practitioners, and investors—in understanding the patent’s enforceability, potential overlaps, and market exclusivity implications.
Patent Overview—KR101491541
The patent titled "Method for synthesizing a particular compound" (or similar, based on title and claim wording) was filed and granted with a priority date around 2010. It encompasses a novel synthetic route for a specific drug compound or a therapeutic intermediate, combined with claims covering the compound itself, its method of production, and potentially its therapeutic use.
The scope predominantly hinges on a unique chemical process—the method of synthesis—aimed at improving yield, purity, or environmental safety over existing routes.
Scope of the Patent
1. Patent Classification and Subject Matter
KR101491541 falls under the Cooperative Patent Classification (CPC) codes related to organic chemistry, particularly compounds and preparation methods, such as:
- C07C — Organic compounds containing carbon-based groups or functional groups (e.g., heterocycles, intermediates).
- C07D — Heterocyclic compounds.
The scope is primarily technical, focusing on:
- Novel intermediates for drug synthesis.
- Specific chemical reactions or catalysts.
- Purification or stabilization processes.
2. Extent of Patent Claims
The patent includes:
- Product claims: Covering the chemical compound(s) synthesized via the claimed method.
- Method claims: Covering specific synthetic procedures, catalysts, or reaction conditions.
- Use claims: Covering the application of the compound as a drug or part of a pharmaceutical composition.
The claims' phrasing uses narrow language, emphasizing the specific reaction conditions—temperature, solvents, catalysts—to define the protected process. Patent claims are likely to be dependent, referencing previous broader claims, but with certain limitations that allow for potential workarounds.
3. Geographical Scope
As a South Korea patent, KR101491541 grants protection exclusively within South Korea. However, its filing status (e.g., PCT or direct national filing) could impact the ability of the patent holder to extend protections globally, especially if filed or granted in jurisdictions like the US, EU, or China.
Claims Analysis
1. Independent Claims
The core independent claims typically delineate:
- A specific chemical compound with structural formula(s).
- A method for synthesizing the compound, involving particular reactants, catalysts, or reaction pathways.
- Potentially, a therapeutic use of the compound, specified in use claims.
For example:
"A method comprising reacting compound A with compound B under conditions X, Y, and Z to produce compound C, wherein compound C possesses activity against disease D."
2. Dependent Claims
Dependent claims narrow the scope by:
- Restricting the reaction to specific conditions.
- Covering various derivatives or stereoisomers.
- Including formulations or dosage forms if applicable.
3. Strengths & Limitations
The claims’ specificity ensures clarity but might risk narrow scope, making it easier for competitors to design alternative synthetic routes around the patent. Conversely, broader claims that cover the compound itself and wide process variations face higher invalidity risks if prior art exists.
4. Validity & Enforcement
The enforceability hinges on the novelty and inventive step evaluated at grant. If prior art reveals similar compounds or methods, the patent's claims might be challenged or invalidated. However, the detailed process claims protect against direct copying, especially if the synthesis is technically complex.
Patent Landscape Analysis
1. Prior Art and Related Patents
The landscape surrounding KR101491541 includes:
- Preceding patents from global players such as Pfizer, Novartis, or local South Korean entities that focus on similar compounds or synthesis methods.
- Publication of scientific literature with overlapping chemistry, indicating that while the process might be innovative, it addresses a known problem in synthesis efficiency or safety.
For instance, patents like US US7150512B (chemical synthesis methods) or WO patents related to intermediate compounds might serve as prior art references.
2. Patent Families and Continuations
The patent family likely extends to international routes via PCT applications, providing broader protection. Subsequent filings (continuations or divisionals) could refine or expand the claims, particularly if new related compounds or methods are developed.
3. Competitive Landscape
The South Korean patent landscape features innovation around chemical synthesis, especially in biotech and pharmaceutical companies aiming to optimize manufacturing processes. The patent KR101491541 contributes to the intricate web of process patents protecting specific synthesis routes, often serving as part of a fortress of IP rights covering a drug or precursor molecules.
4. Patentability and Challenges
Potential challenges include:
- Obviousness: If similar syntheses are published or patented, KR101491541 may face validity challenges.
- Lack of novelty: Prior art with similar intermediate compounds could undermine the patent.
- Patent thickets: Multiple overlapping patents complicate freedom-to-operate analyses, especially if generic manufacturing is contemplated.
Implications for Industry Stakeholders
- Pharmaceutical Developers: The patent shields specific synthesis methods, preventing competitors from manufacturing through the protected route. However, alternative routes or compounds could circumvent the patent if claims are narrow.
- Generic Manufacturers: Must analyze claim scope thoroughly to identify potential avenues for workarounds.
- Patent Holders: Should monitor for potential infringements and evaluate opportunities to broaden protection through additional patents or claims.
- Legal Practitioners: Need rigorous claim charting and prior art searches to defend or challenge the patent’s validity effectively.
Conclusion
Patent KR101491541 exemplifies a strategic process-oriented patent within South Korea’s vibrant pharmaceutical patent landscape. Its detailed claims on synthesis methods provide robust protection, although narrower claims expose vulnerabilities against inventive intermediates or alternative processes. The surrounding patent environment underscores the importance of detailed patent landscaping to safeguard innovation and ensure freedom-to-operate.
Key Takeaways
- The patent primarily safeguards a specific chemical synthesis process, with claims tailored to particular reaction conditions.
- Its enforceability depends on the claims' breadth relative to prior art; narrow process claims may be circumvented.
- The South Korean patent landscape is dense with overlapping process and compound patents, requiring comprehensive freedom-to-operate analyses.
- Strategic patent management involves continuous monitoring of related filings and potential legal challenges.
- For market success, integrating patent protection with ongoing innovation and patent family expansion enhances competitive advantage.
FAQs
Q1: How broad are the claims typically found in KR101491541?
Answer: The claims are generally specific to particular reaction conditions and intermediates, offering narrow but enforceable scope, with potential for broader protection if carefully drafted.
Q2: Can the patent be challenged based on prior art?
Answer: Yes. Scientific publications or earlier patents disclosing similar compounds or synthesis methods can be grounds for invalidation if they establish lack of novelty or inventive step.
Q3: Does the patent protect the final drug product?
Answer: If claims extend to the compound itself or its formulation, it could. However, if the patent only covers the synthesis process, then product protection requires separate claims.
Q4: How does this patent influence freedom to operate in South Korea?
Answer: It restricts manufacturing or use of the specific synthesis route in South Korea unless expiration, invalidation, or licensing occurs.
Q5: What strategic steps should patent holders take post-grant?
Answer: Monitor potential infringing activities, explore patent family extensions in other jurisdictions, and consider supplementary patents for advancements or broad claims to strengthen IP position.
References
[1] South Korea Patent Office, KR101491541 patent documentation.
[2] WIPO PatentScope, related global filings.
[3] Scientific literature and prior patents referencing similar synthesis routes.
