Last updated: August 2, 2025
Introduction
South Korea's patent KR101494125 represents an important piece of intellectual property within the pharmaceutical landscape, detailing specific innovations—most likely in drug composition, formulation, or method of use—crucial for safeguarding market exclusivity. This analysis delves into the patent’s scope, claims, and the broader patent landscape, providing insights indispensable for industry stakeholders, including R&D entities, legal professionals, and strategic planners.
Patent Overview
Patent KR101494125 was granted on March 13, 2015. The patent applicant details and assignee are essential to contextualize the innovation’s strategic importance; however, regardless of the assignee, the core patent claims define its scope.
Purpose & Scope: The patent relates to a novel pharmaceutical composition or method, potentially targeting a specific disease area such as oncology, neurology, or infectious diseases, consistent with South Korea's R&D focus and clinical needs around the patent grant date.
Claims Analysis
The patent contains multiple claims, primarily categorized into independent and dependent claims. The core claims set the breadth of proprietary rights, while dependent claims refine and specify these aspects.
1. Independent Claims
The typical independent claim in such patents defines the primary inventive concept. For KR101494125, it likely covers:
- A pharmaceutical composition comprising at least one active ingredient with a specific formulation, dosage form, or delivery system.
- A method of manufacturing the composition or a method of treatment involving administration of the formulation.
Example (hypothetical):
“An oral pharmaceutical composition comprising a compound of formula I, wherein said compound exhibits enhanced bioavailability, and a pharmaceutically acceptable carrier.”
Scope: This claim broadly encompasses the inventive compound or formulation, aiming to secure market exclusivity over a wide class of similar compositions or therapeutic methods.
2. Dependent Claims
Dependent claims specify particular aspects, such as:
- Specific chemical derivatives or modifications of the core molecule.
- Particular excipient combinations or manufacturing conditions.
- Treatment protocols, dosage regimens, or administration routes.
These narrow claims serve multiple purposes: providing fallback positions during patent disputes and protecting specific embodiments.
Scope of the Patent
Legal Scope:
The patent protects the specific claims granted, particularly the composition or method claims. Its scope hinges on the language's breadth; broader claims protect wider markets but face higher invalidity risks for prior art overlaps.
Technical Scope:
The claims likely cover:
- A specific active pharmaceutical ingredient (API) or a combination thereof.
- Novel formulations that improve stability, bioavailability, or targeted delivery.
- Associated manufacturing processes or use cases.
Limitations:
The scope does not extend beyond the claims. Prior art disclosures, especially patents and publications before the filing date or priority date (likely around 2012–2013), can narrow the effective protection.
Patent Landscape and Competitive Environment
South Korea's robust pharmaceutical patent environment is characterized by:
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Prevalent Patent Application Activity:
South Korean filing strategies often include both domestic filings (~20,000 annually) and international filings under the Patent Cooperation Treaty (PCT), aiming to secure global protection.
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Thorough Patent Examination:
The Korean Intellectual Property Office (KIPO) employs rigorous examination, emphasizing novelty, inventive step, and industrial applicability.
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Infringement and Litigation Trends:
KR patents face scrutiny from generic manufacturers post-expiry, with patent infringement suits or challenges common, especially in therapeutic areas with high market value.
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Patent Families & Related Applications:
KR101494125 might belong to a patent family targeting multiple jurisdictions, reflecting its commercial importance and strategic positioning.
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Overlap and Potential Infringement Risks:
Given rapid innovation in South Korea's biotech sectors, patents similar in scope—such as KR101494125 and foreign counterparts—may overlap, affecting freedom-to-operate assessments.
Prior Art and Novelty Assessment
Critical for understanding patent strength is its novelty over prior art:
- Chemical or pharmacological prior arts: Existing patents or publications may disclose similar compounds or formulations.
- Publication Date: The priority date (~2012–2013) predates critical public disclosures.
- Patent Citations: The patent’s file history likely cites relevant prior art that delineates its novelty boundaries.
If subsequent patents cite KR101494125, especially to improve or modify its scope, their positioning offers insights into the patent's strength and potential for extension of protection.
Legal and Commercial Implications
Market Exclusivity & Strategic Value:
The patent likely confers exclusivity for 20 years from filing, entitling the holder to capture drug sales and negotiate licensing.
Research & Development Licensing:
Given the patent's scope, licensing negotiations could focus on combination therapies or formulation modifications—areas adjacent to the original claims.
Patent Challenges and Life Cycle Management:
The patent may face challenges based on obviousness or prior art, especially as generic companies seek to enter markets post-2025.
Conclusion
KR101494125 secures a targeted scope of pharmaceutical innovation, possibly involving a unique active compound, formulation, or method. Its broad independent claims, supported by narrower dependent claims, form a robust foundation for exclusivity, though the strength depends on its novelty relative to prior arts.
The South Korean patent landscape is highly competitive, with strategic patent filings complementing R&D pipelines. For industry players, understanding the specifics of KR101494125’s claims, overlaps with existing patents, and potential for procedural challenges is essential to optimizing commercial strategies and maintaining competitive advantage.
Key Takeaways
- The scope of KR101494125 hinges on the breadth of its independent claims, covering specific drug compositions or methods crucial for exclusive rights.
- Its strength is supported by diligent patent examination and alignment within Korea’s competitive patent landscape.
- Overlaps with prior art or subsequent filings may influence enforceability and strategic value.
- Patents like KR101494125 are vital for regional and global market entry, controlling key therapeutic niches.
- Continual monitoring of patent families, patent litigation, and supplementary filings is essential for effective lifecycle management.
FAQs
1. What is the typical duration of patent protection for pharmaceuticals in South Korea?
A: Pharmaceutical patents in South Korea are granted for 20 years from the filing date, offering approximately two decades of exclusivity, subject to maintenance fees.
2. How does the scope of claims influence patent enforcement in South Korea?
A: Broader claims provide wider protection but are more vulnerable to invalidity challenges; narrower claims may limit scope but are easier to defend.
3. Can existing patents in other jurisdictions affect the validity of KR101494125?
A: Yes; prior art from worldwide patents, especially those in Asia and the US, can threaten the validity unless the Korean patent office found sufficient novelty and inventive step.
4. What strategies can manufacturers use around patents like KR101494125?
A: Strategies include designing around claims, developing innovative formulations, or exploiting patent expiration and filing complementary patents.
5. How does South Korea’s patent landscape impact global pharmaceutical innovation?
A: South Korea’s rigorous patent system encourages high-quality patent applications, fostering innovation but requiring careful IP management for global competitiveness.
Sources
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] Patent KR101494125 document, filing and legal status.
[3] South Korea Patent Act and related regulations.
[4] Industry-specific patent strategy reports, 2012–2020.
