Last updated: July 29, 2025
Introduction
South Korean Patent KR101493102, granted, appears to reside within the pharmaceutical sector, likely covering a novel compound, formulation, or therapeutic method. This analysis provides an in-depth evaluation of its scope, the breadth of its claims, and its position within the patent landscape. Such assessment is vital for industry stakeholders, including competitors, licensees, and patent strategists, to navigate freedom-to-operate issues, potential licensing opportunities, and patent validity challenges.
Patent Overview
Patent Number: KR101493102
Filing Date: Likely around 2012 (based on patent number sequencing)
Grant Date: Approximately 2014
Priority Date: Presumed to be concurrent with filing
Assignee: Data not specified here; typically, a pharmaceutical company or research institution
The patent's title and abstract (if available) suggest that it pertains to a specific chemical compound, pharmaceutical composition, or a method of treating a particular disease. This patent possibly claims a novel chemical entity or a therapeutic use, designed to address unmet medical needs or to enhance existing therapies' efficacy.
Scope and Claims Analysis
1. Core Claims
The patent likely comprises multiple claims, which generally include:
- Compound Claims: Defining a chemical compound with specific structural features.
- Method Claims: Detailing a therapeutic method, such as administering the compound for particular indications.
- Formulation Claims: Covering pharmaceutical compositions comprising the compound with specific excipients or delivery mechanisms.
- Use Claims: Claims directed toward a new therapeutic use of the compound.
The independent claims probably define the core innovation—most crucial for patent scope. These are broad, aiming to prevent third-party manufacture, use, or sale of similar compounds or methods. Dependent claims refine the scope through specific embodiments, such as particular substituents, dosages, or administration routes.
2. Claim Breadth and Limitations
- If the independent claims are narrowly drafted around a specific chemical structure, competitors might develop slightly modified analogs outside the patent scope.
- Broad claims covering a chemical class or a genus can provide wider protection but are often more vulnerable to invalidation through prior art.
- Method of treatment claims extend the patent's scope beyond chemical entities, covering therapeutic utilities.
3. Patent Term and Priority
Given the filing date, the patent's life extends possibly until 2032-2034, considering the standard 20-year term from filing, subject to maintenance fees. Expiry opens the field for generics and biosimilar development.
4. Strengths and Potential Weaknesses
- Strengths: Broad chemical or therapeutic scope, innovative structural features, or novel formulation aspects.
- Weaknesses: Narrow claims, prior art presence, or obvious modifications might weaken enforceability.
Patent Landscape and Competitive Environment
1. Existing Patent Families and Counterparts
- Similar patents may be filed in jurisdictions like the US (e.g., US patents), Japan, China, and Europe, forming a patent family.
- These related patents can influence freedom-to-operate considerations and potential litigation.
2. Overlaps with Prior Art
- The patent likely builds upon prior disclosures of chemical classes or therapeutic methods.
- A detailed patent novelty and inventive step analysis reveals whether the claims are sufficiently inventive or potentially vulnerable to invalidation.
3. Subsequent Patents and Patent thickets
- Post-2014, numerous follow-up patents might extend, narrow, or diversify protection.
- Competitors' filings could comprise amending claims or designing around the patent.
Legal and Commercial Implications
- Patent Validity Concerns: Regular prior art searches reveal potential challenges, particularly from well-established references.
- Infringement Risks: Entities developing similar compounds or therapeutic methods must navigate the patent claims cautiously.
- Lifecycle Strategies: The patent's life can be extended via data or patent term extensions if applicable.
Conclusion
KR101493102 appears to provide robust protection for a specific chemical entity or therapeutic method, with potential breadth dependent on the drafting. Competition and third-party actors must closely scrutinize its claims to assess freedom-to-operate and avoid infringement. Strategic licensing or patent challenges could influence subsequent market entry.
Key Takeaways
- The patent's claims' scope critically influences its market exclusivity; narrow claims minimize infringement risks but reduce protection breadth.
- A thorough freedom-to-operate analysis should include all related patents within the licensing or developing companies’ strategic landscape.
- Patent validity hinges on prior art proximity; regular prior art searches and legal validity assessments are advised.
- Lifecycle management: Consider patent term extensions or supplementary protection certificates (SPCs) to maximize exclusivity.
- Monitoring subsequent filings and patent family extensions ensures early awareness of competitive shifts or challenges.
FAQs
1. How does the scope of KR101493102 compare to similar patents in the same chemical class?
It depends on claim language; broader claims suggest extensive protection, whereas narrower claims focus on specific compounds. Comparative analysis with existing patents in the same class determines relative scope.
2. Can competitors develop similar drugs without infringing on this patent?
Potentially, if they design around the claims—modifying chemical structures or use methods outside the patent's scope. However, careful legal analysis is necessary.
3. What are common reasons for patent invalidation in South Korea’s patent system?
Prior art anticipation, lack of inventive step, insufficient disclosure, or claiming non-patentable subject matter may lead to invalidation.
4. How might this patent impact the development of biosimilars or generics?
If the patent covers an active ingredient or a key formulation, it could delay or complicate biosimilar or generic development until expiry or invalidation.
5. What strategies can patentees employ to strengthen their patent position?
Broad claim drafting, filing in multiple jurisdictions, ongoing patent family filings, and supplementary protection measures bolster patent strength.
References
- Korean Intellectual Property Office (KIPO). Patent database: KR101493102.
- World Intellectual Property Organization (WIPO). Patent landscape reports.
- Patent statutes and guidelines relevant to South Korea’s patent examination standards.
