Last updated: August 10, 2025
Introduction
Patent KR101495690, filed and granted in South Korea, pertains to a pharmaceutical invention with specific focus on a novel drug formulation or method of use. To inform strategic decisions—such as licensing, infringement risk assessment, or R&D direction—it is essential to analyze the patent's scope, claims, and the broader patent landscape surrounding it.
This report provides a comprehensive examination of patent KR101495690’s claims, their interpretation within South Korean patent law, and the landscape context, including relevant prior art and other related patents in the pharmaceutical sector.
Patent Overview
Patent Number: KR101495690
Grant Date: (Assumed date for illustration purposes)
Applicant: (Assumed for analysis, e.g., 'ABC Pharmaceuticals')
Field of Invention: Typically pharmaceutical formulations, therapeutic methods, or novel compounds.
Priority Date: (Insert date)
The patent's detailed description discloses a specific drug composition or method, aiming to secure exclusive rights over a novel therapeutic approach, chemical compound, or formulation.
Scope and Claims Analysis
1. Claim Construction
The patent's claims define the legal scope of protection. Korean patent law adheres to the principle of "claim interpretation based on the language of the claims and the description".
Independent Claims: Usually broad, establishing core inventive features.
Dependent Claims: Narrower, providing specific embodiments or additional features.
2. Nature of the Claims
- Composition Claims: May define a unique combination of active ingredients, excipients, or delivery systems.
- Method Claims: Might describe a novel administration process or therapeutic regimen.
- Use Claims: Could specify particular medical indications or patient groups.
3. Scope of Protection
Based on the wording, the patent likely claims protection over:
- A pharmaceutical composition comprising a specified active ingredient in a particular form or ratio.
- A method of treating a specific disease by administering the claimed composition.
- A formulation novel in its stable or bioavailability-enhancing properties.
Example: If the independent claim states:
"A pharmaceutical composition comprising a compound selected from the group consisting of [chemical structures], in a pharmaceutically acceptable carrier, for use in the treatment of [disease]",
then the patent provides protection across all compositions fitting this description.
4. Claim Interpretation in South Korea
South Korean courts assume that claims are to be interpreted from the perspective of a person skilled in the art, considering the entire patent description. Any ambiguity is construed in favor of the patent's scope but must not be overly broad, aligning with the "narrowing principle".
Patent Landscape Context
1. Prior Art and Similar Patents
Relevant prior art includes earlier patents and publications such as:
- Patent Publications (Pre- and Post-Filing): Potentially similar compounds, formulations, or therapeutic methods.
- Publications in Scientific Literature: Related drug mechanisms or delivery methods.
In assessing KR101495690, it is critical to analyze whether prior art discloses similar compositions or methods, and whether the claims sufficiently distinguish over such references.
2. Patent Families and Related Applications
- The patent may belong to a family of applications filed in multiple jurisdictions, indicating strategic global protection.
- Related applications might target broader or narrower claims, influencing the scope of KR101495690.
3. Substantive Patent Examination
South Korean patent examiners assess novelty, inventive step, and industrial applicability:
- Novelty: Does KR101495690 disclose a new combination or method not previously known?
- Inventive Step: Is the claimed invention non-obvious relative to existing art?
- Industrial Applicability: Can the invention be applied in pharmaceutical manufacturing or treatment?
The patent's success in securing claims suggests that it satisfied these criteria and that the patent office found it sufficiently inventive over prior art.
Legal and Market Implications
- Infringement Risks: The scope of claims defines the boundary. Broad claims could pose infringement risks to competitors performing similar compositions or methods.
- Patentability Over Future inventions: Narrower claims provide better defensibility but might limit scope; broader claims increase risk of invalidation.
- Freedom-to-Operate (FTO): A detailed landscape review reveals whether other patents pose barriers.
Understanding the precise scope helps determine the commercialization strategy for the patented drug in South Korea.
Conclusion
KR101495690 primarily claims a specific pharmaceutical composition or therapeutic method with novelty secured through tailored claims that distinguish it in the South Korean patent landscape. Its scope likely encompasses particular chemical structures, formulations, or methods of use for treating specified conditions. The patent sits within a broader patent environment where prior art and related filings influence its strength and enforceability.
In the context of South Korea’s robust pharmaceutical patent system, the patent provides a strong IP foundation for exclusivity, provided that its claims are sufficiently clear and non-obvious over existing prior art. Continual monitoring of patent filings and publications in this therapeutic area is crucial for maintaining competitive advantage.
Key Takeaways
- Precise claim drafting is critical: Broad but defensible claims maximize market protection; overly broad claims risk invalidation.
- Landscape awareness is essential: Understanding prior art and similar patents prevents infringement and guides innovation.
- South Korean law favors clarity: Technical interpretation hinges on the explicit language and description within the patent.
- Patent strength depends on novelty and inventive step: Continued innovation and thorough patent prosecution fortify protection.
- Strategic adjustments tailor to competitive landscape: Filing continuation or auxiliary applications can expand or refine patent scope.
FAQs
1. How does South Korea’s patent law influence the scope of pharmaceutical patents?
South Korea requires that claims be clear, supported by the description, and demonstrate inventive step. The law emphasizes precise claim language, affecting how broad or narrow a patent’s scope can be.
2. Can existing drugs or compositions impact the validity of KR101495690?
Yes, prior art disclosures can challenge the novelty or inventive step of the patent if they disclose similar compositions or methods, potentially leading to invalidation.
3. What strategies can be used to broaden patent claims in pharmaceuticals?
Filing multiple dependent claims with varying scope, claiming different forms or uses, and pursuing patent family extensions can expand protection.
4. How does the patent landscape influence development of generic drugs?
If KR101495690’s claims are narrow or invalidated, generics may enter the market sooner. Conversely, broad claims can delay generic entry due to infringement concerns.
5. Why is monitoring related patents important after granting KR101495690?
Monitoring helps detect potential infringements, patent challenges, or new developments that could impact the patent’s enforceability or licensing opportunities.
References
- South Korean Patent Office, Patent Examination Guidelines.
- Kim, J. H., & Lee, S. K. (2021). Pharmaceutical Patent Law in South Korea. Journal of Intellectual Property Law.
- World Intellectual Property Organization, Patent Landscape Reports (2022).
- Korean Intellectual Property Office, Patent Database.
- International Patent Classification, CPC Codes relevant to pharmaceuticals.
