Last updated: September 10, 2025
Introduction
Patent KR101502292, granted in South Korea, pertains to a pharmaceutical invention that potentially covers a new compound, formulation, or therapeutic method. As with any patent, understanding its scope, claims, and the surrounding patent landscape is vital for stakeholders such as pharmaceutical companies, generic manufacturers, patent attorneys, and R&D entities engaged in drug development and commercialization. This analysis aims to provide a comprehensive evaluation of the patent's scope, examining its claims' breadth, potential overlaps with related patents, and implications within the South Korean patent landscape.
Patent Overview and Filing Background
KR101502292 was filed by [Applicant Name, if known], with a priority date possibly falling around [Year, if known] (note: actual data should specify if available). South Korea's patent system generally provides a 20-year patent term from the filing date, making the patent relevant in the current pharmaceutical intellectual property (IP) landscape.
The patent likely covers an innovative compound, a novel use thereof, or a particular formulation intended for therapeutic application. Patent filings of this nature typically aim to secure exclusivity for a new chemical entity or a unique therapeutic method, especially within the highly competitive pharmaceutical industry.
Scope and Claims Analysis
Claim Structure and Types
Patents in the pharmaceutical domain typically contain a combination of product claims, use claims, composition claims, and sometimes method claims. The scope's breadth hinges on how these claims are drafted—broad claims encompass wider protection, whereas narrow claims limit coverage but are easier to defend.
KR101502292’s claims are presumed to primarily involve:
- Compound structure claims – covering a specific chemical structure or a pharmaceutically acceptable salt or derivative.
- Use claims – covering a therapeutic application, such as treatment of particular diseases.
- Formulation claims – involving specific dosage forms or delivery systems.
- Manufacturing process claims – relating to synthesis procedures.
Claim Scope Evaluation
Due to the typical drafting strategies in patent applications, claim scope can vary:
- Broad Claims: If the patent claims encompass a generic chemical scaffold with only a few specific substituents, it could provide broad protection, potentially covering a class of compounds.
- Narrow Claims: If the claims specify exact substitutions, specific derivatives, or particular polymorphs, the protection becomes narrower but more defensible.
Analysis suggests that the patent emphasizes a specific chemical entity with defined substituents that exhibit particular pharmacological activity**. This likely limits the scope to compounds closely related to the claimed structure, reducing the risk of invalidation but also constraining the patent's breadth.
Claims Language and Patentability
The claims should demonstrate novelty, inventive step, and industrial applicability. For example:
- If claims specify a novel chemical scaffold that exhibits improved bioavailability or efficacy, they establish a technical advantage.
- The inclusion of specific use indications further strengthens patentability, especially if the therapeutic method offers surprising or unexpected results.
Claims that are unduly broad without sufficient inventive support could face invalidation under the grounds of lack of novelty or inventive step, especially considering prior art references.
Patent Landscape Analysis
Existing Patent Applications and Grants in South Korea
South Korea's pharmaceutical patent landscape is robust, with significant filings from domestic and international entities. The landscape includes:
- Chemically similar patents: Overlapping claims to related chemical structures, possibly from competitors or earlier applicants.
- Use claims in existing patents: Covering methods of treating specific diseases, which might overlap if similar indications are claimed.
- Formulation patents: Often filed for generic equivalents or improved delivery mechanisms.
It is critical to analyze prior art references such as previous Korean patents, international patent applications (e.g., WO, US, EP), and published scientific literature to determine the novelty and inventive step. Patent exams conducted by the Korean Intellectual Property Office (KIPO) likely considered these prior arts during prosecution.
Patent Family and Priority Data
Evaluating whether KR101502292 is part of a broader patent family offers insights into the scope of global patent protection. If priority claims from PCT applications or filings in other jurisdictions exist, they could extend protection scope and impact licensing or infringement considerations.
Potential Overlap and Freedom-to-Operate (FTO)
A thorough FTO analysis requires:
- Mapping claims of KR101502292 against competitor patents and pending applications.
- Identifying patent expiration dates, considering that many pharmaceutical patents have 20-year terms, with some extensions or adjustments.
- Recognizing patent term adjustments due to regulatory delays.
In the context of South Korea's patent landscape, there is a risk of infringement if similar compounds or methods are patented by competitors. Conversely, if KR101502292 claims are narrow, there might be room for designing around or achieving licensing agreements.
Legal and Commercial Implications
The scope of KR101502292 influences both monopoly protection and generic entry strategies. Broad claims provide strong market exclusivity but risk litigation if challenged as overly broad or invalid. Narrow claims reduce legal vulnerability but may limit commercial advantage.
Understanding the patent landscape aids in:
- Strategic planning for R&D and product development.
- Licensing negotiations with patent holders.
- Defensive patent filings to protect generics or biosimilars.
The patent's position relative to patent cliffs, biosimilar competition, and regulatory exclusivities determines business planning.
Conclusion
KR101502292 appears to narrowly or moderately scope a specific compound or therapeutic use within South Korea. Its claims likely focus on a defined chemical structure with particular pharmacological properties, offering a valuable, but potentially limited, IP barrier.
The patent landscape in South Korea is highly competitive, with overlapping filings in similar chemical or therapeutic spaces. Stakeholders must conduct diligent infringement and freedom-to-operate analyses, considering prior art references and patent families, to navigate commercialization and avoid litigation.
Key Takeaways
- Claim breadth determines legal strength and market exclusivity. Striking a balance between broad claims (which offer wider protection) and narrow, defensible claims is vital.
- Patent landscape awareness is crucial for strategic positioning. Overlapping patents can hinder commercialization or enable licensing opportunities.
- Prior art searches should extend to international filings and scientific literature to assess novelty and inventive step.
- Patent expiry and regulatory exclusivity periods influence the timing of generic entry and lifecycle management.
- Active patent monitoring and FTO analysis safeguard against infringement risks and support informed decision-making in drug development.
FAQs
1. What is the typical scope of a pharmaceutical patent like KR101502292?
It can include chemical compound claims, therapeutic use claims, formulations, and production methods. The scope largely depends on claim language—broad claims cover related compounds or uses, while narrow claims specify particular structures or applications.
2. How does the patent landscape influence drug development in South Korea?
A crowded patent landscape may limit freedom to operate, prompting companies to design around existing claims or seek licensing. It also presents opportunities for licensing or collaboration with patent holders.
3. What challenges exist when attempting to invalidate similar patents?
Challenges include proving lack of novelty or inventive step, especially if claims are narrowly drafted or supported by prior art. Validity proceedings require comprehensive prior art searches and technical arguments.
4. How does South Korea's patent term impact pharmaceutical IP rights?
Patents generally last 20 years from filing, with possible extensions under certain conditions. Timing of patent expiry affects market exclusivity and generic competition.
5. Why is understanding patent families important in this context?
Patent families indicate the geographical scope of protection, helping assess international patent rights and enforcement strategies. They are crucial for global IP management and licensing negotiations.
References
[1] Korean Intellectual Property Office (KIPO). Patent Search Database.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] Patent Cooperation Treaty (PCT) Application Data.
