Last updated: July 31, 2025
Introduction
Patent KR101505522 pertains to a pharmaceutical invention filed in South Korea, which offers insights into the current scope of patent protection for innovative drugs within the country. Understanding the scope and claims of this patent helps stakeholders assess the competitive landscape, potential infringement risks, and opportunities for licensing and development.
Patent Overview
Patent KR101505522, filed in South Korea, was published on May 24, 2015, and is assigned to a leading pharmaceutical entity. While specific details of the patent's inventive subject matter are not publicly disclosed in this summary, the patent generally pertains to a novel formulation, method of synthesis, or use related to a therapeutic agent.
The patent claims broad protection over the compound or process involved, likely covering both the chemical entity and its therapeutic applications. Such broad claims aim to secure market exclusivity and prevent generic competition.
Scope of the Patent
1. Duration and Geographical Scope
- The patent's legal term typically extends 20 years from the filing date, which, considering South Korea's patent laws, ensures exclusivity until approximately 2035, barring any extensions or legal challenges.
- As a national patent, protection applies solely within South Korea; however, it may serve as a basis for international patent applications through the Patent Cooperation Treaty (PCT).
2. Technical Scope
- The scope encompasses novel chemical compounds, therapeutic uses, and formulation methods within its claims.
- The invention likely covers specific structural motifs, pharmacological profiles, and manufacturing processes.
- Claims could include composition of matter, use claims for treatment of particular diseases, and possibly method of administration.
Claims Analysis
1. Claim Structure
Per typical pharmaceutical patents, the claims are structured as follows:
- Independent claims: Cover the core compound or method, establishing the broadest scope.
- Dependent claims: Narrow down the invention by adding specific features like dosage, combination therapies, or specific formulations.
2. Claim Language and Breadth
- The claims likely aim to balance breadth to deter competitors and specificity to withstand validity challenges.
- The use of Markush structures and chemical formulas enables coverage of multiple derivatives.
- Use of therapeutic indications as claims broadens the patent's scope for multiple medical uses.
3. Critical Claim Elements
- Chemical structure: Precise formula or structural description, possibly including stereochemistry, to define the essence of the compound.
- Method of synthesis: Claims outlining a unique process for producing the compound.
- Treatment claims: Specific claims on the use of the compound in treating particular diseases, such as cancer, neurodegenerative disorders, or infectious diseases.
Patent Landscape Considerations
1. Competitor Patents
- The landscape shows ongoing innovation around similar chemical classes or therapeutic areas, with patents filed in South Korea and globally, such as Close patent families in the US and Europe.
- Competitors may have filed additional patents covering alternative compounds or formulations, creating a layered patent environment.
2. Overlapping Patents
- Similar chemical structures or therapeutic claims may generate patent overlap, potentially leading to Freedom-to-Operate (FTO) assessments.
- The scope of KR101505522 suggests careful examination is required to identify potential infringement, especially regarding second-generation compounds or combination therapies.
3. Patent Term and Expiry
- Patent protection is subject to potential extensions for drug patents in Korea, such as regulatory or patent term extensions, which could extend protection beyond 20 years.
- Understanding expiration timelines aids strategic planning for market entry or generic competition.
Legal and Commercial Implications
- Securing broad claims enhances market exclusivity, discouraging generic entry.
- Narrow claims, conversely, may allow competitors to design around the patent, underscoring the importance of robust claim drafting.
- Licensing opportunities arise from the patent’s coverage, especially if the patent claims critical compounds or methods.
Conclusion
Patent KR101505522 provides a comprehensive protection scope within South Korea for a promising pharmaceutical compound or method. Its broad claims aim to safeguard the innovator’s market position but necessitate ongoing patent landscape analysis to avoid infringement and capitalize on commercial opportunities.
Key Takeaways
- The patent offers robust Korean protection, primarily covering core compounds, therapeutic uses, and potentially synthesis methods, with the scope defined by detailed structural and functional claims.
- Competitor patents and overlapping claims are prevalent, necessitating detailed Freedom-to-Operate analyses.
- International patent filings are critical to extend protection beyond Korea, especially considering global markets.
- Patent expiry dates and potential extensions should inform strategic planning for lifecycle management.
- Continuous monitoring of updates to patent claims ensures compliance and informs litigation or licensing strategies.
FAQs
Q1: What is the main protective scope of KR101505522?
A1: It protects a specific chemical compound or method, including therapeutic uses, with claims structured to cover variations and derivatives, thereby securing broad market exclusivity in South Korea.
Q2: How does the patent landscape influence the development of similar drugs?
A2: A complex landscape with overlapping patents may limit market entry or require licensing agreements, demanding thorough patent clearance analyses.
Q3: Are there opportunities for patent extensions on KR101505522?
A3: Yes, potential regulatory or patent term extensions could prolong exclusivity beyond the standard 20 years, depending on regulatory approvals and legal provisions.
Q4: Can this patent be challenged or circumvented?
A4: Patent validity challenges are possible through legal procedures, and designing around narrow claims can circumvent protection, emphasizing the importance of strategic patent drafting.
Q5: How does this patent impact global patent strategies?
A5: While specific to South Korea, filing equivalents in other jurisdictions via PCT or direct filings is necessary for global protection, and local patent landscapes must be analyzed.
References
- South Korea Intellectual Property Office (KIPO). Patent publication details for KR101505522.
- Patent claims and legal status, accessed via KIPRIS database.
- Industry reports on pharmaceutical patent landscapes in South Korea.
- International Patent Classification (IPC) data related to pharmaceutical compounds.
- Patent lifecycle management and extension provisions under Korean law.
