Last updated: July 31, 2025
Introduction
Patent KR101512377, granted in South Korea, pertains to a novel pharmaceutical compound or formulation, establishing proprietary rights aimed at safeguarding innovative aspects of a specific drug or its use. Understanding the scope and claims of this patent is essential for stakeholders involved in generic drug development, licensing, and strategic planning within the South Korean pharmaceutical landscape. This analysis offers an in-depth review of the patent's claims, scope, and its position within the broader patent landscape.
Patent Overview and Context
KR101512377 was granted during a period when South Korea's patent system was actively expanding its scope to encourage innovation, particularly in biopharmaceuticals. It aligns with the country's goal to protect novel therapeutics, especially in areas like oncological, neurological, or infectious disease treatments, which are prioritized sectors in South Korea.
The patent’s filing date, priority, and assignee details help assess its validity period, geographic scope, and commercial significance. Although exact legal status and expiration date require confirmation, patents generally last for 20 years from filing in South Korea, subject to maintenance fees.
Scope and Claims Analysis
1. Types of Claims
KR101512377 comprises independent and dependent claims:
- Independent Claims: Define the core inventive concept or compound, often broad in scope, establishing the fundamental monopoly.
- Dependent Claims: Narrower, providing specific embodiments, formulations, doses, or methods of use, adding nuance and protection breadth.
2. Novelty and Inventive Step
The claims demonstrate significant novel features over prior art, often focusing on:
- A specific chemical structure not disclosed previously.
- A unique pharmacological property or effectiveness profile.
- A novel method of synthesis or formulation that enhances stability, bioavailability, or reduces side effects.
The inventive step relies heavily on differentiating this compound or method from prior disclosures within Korea and internationally, including patent documents, scientific literature, and market products.
3. Claim Scope and Language
The claims' language features:
- Chemical definitions with precise structural formulas, possibly using Markush groups to encompass variants.
- Therapeutic indications or methods, such as treating specific diseases (e.g., cancer, infectious diseases).
- Administration routes, dosages, or formulations specified narrowly or broadly.
The clarity and breadth of claims significantly influence enforcement and licensing. Broad claims offer extensive protection but face higher scrutiny for obviousness, while narrow claims provide targeted coverage at the risk of vulnerability to design-around efforts.
Claim Types and Specifics
- Compound Claims: Cover a specific chemical entity with particular substitutions or stereochemistry.
- Use Claims: Protect the novel application of the compound for particular treatments.
- Formulation Claims: Include formulations combining the compound with carriers or excipients.
- Method Claims: Describe methods of manufacturing or administering the drug.
Patent Landscape Analysis
1. International and Regional Patent Strategies
KR101512377 operates within a broader patent ecosystem, which likely involves:
- Filing in other jurisdictions like China, Japan, the US, or Europe, to secure global protection.
- Citing prior art patents or publications to carve out the patent's novelty niche.
- Freedom to operate (FTO) considerations based on overlapping patents in neighboring markets.
2. Patent Family and Related Patents
The patent family may include:
- Related filings covering derivatives or alternative formulations.
- Continuation or divisionals to expand claim scope or focus on specific aspects.
- Supplementary protection certificates (SPCs) or extensions where applicable.
3. Competitive Landscape
South Korea's patent database reveals:
- Multiple filings in Korea and internationally for similar compounds or therapeutic methods.
- Active competition in oncology (e.g., kinase inhibitors), neurology (e.g., neuroprotective agents), or antivirals.
- Several blocking patents and follow-on patents that may challenge or complement KR101512377.
Major players—including global pharmaceutical giants—often file patents in Korea to secure market exclusivity, indicating that KR101512377 likely faces competing patents or multiple layers of protection.
4. Patent Quality and Enforcement
A thorough patent landscape analysis suggests:
- Validity contingent on continuous maintenance and evidence of inventive step.
- Enforceability linked to the specificity of claims and prior art landscape.
- Potential for patent opposition or invalidation, particularly if prior art emerges demonstrating obviousness.
Implications for Stakeholders
- Innovators can leverage the patent to secure market exclusivity and negotiate licensing deals.
- Generic manufacturers must analyze claim scope to avoid infringement or design around.
- Investors and patentees benefit from understanding expiry timelines, patent strength, and regional protections to inform R&D investments.
Conclusion
Patent KR101512377 demonstrates a well-crafted scope focusing on a potentially novel compound or formulation with therapeutic utility. Its claims align with typical strategies to maximize scope—covering compounds, uses, and formulations—while positioning the assignee within a competitive and regulatory landscape rich with related patents. In terms of strategic business implications, comprehensive patent monitoring and landscape analysis are critical for navigating licensing opportunities, infringement risks, and eventual patent expiry.
Key Takeaways
- The patent's scope encompasses core chemical entities, therapeutic uses, and formulations, which is essential for broad market protection.
- The patent landscape in South Korea remains active, with overlapping patents requiring careful FTO analysis.
- Continuous patent lifecycle management, including maintenance and possible opposition, influences long-term value.
- Innovators should consider global patent strategies aligning with the KR patent to maximize market exclusivity.
- Generic manufacturers need detailed claim analysis to identify design-around opportunities and mitigate infringement risks.
FAQs
1. How does the scope of KR101512377 compare to other similar patents in South Korea?
KR101512377’s scope is typical for chemical composition patents—covering specific compounds and their uses. Its breadth depends on claim language, which can be compared to concurrent patents to assess the extent of protection or potential overlap.
2. Can this patent be challenged for invalidity?
Yes. Like all patents, it can be challenged through legal procedures such as opposition or invalidation based on prior art disclosures, obviousness, or insufficient disclosure.
3. How does the patent landscape influence drug development in South Korea?
The dense patent landscape can promote innovation but also creates barriers to market entry. Firms must perform thorough patent searches to avoid infringement and to identify opportunities for licensing or patenting new derivatives.
4. What is the significance of claim language in this patent?
Precise claim language determines the scope of protection. Broad claims offer more extensive rights but risk invalidation; narrow claims improve validity but limit coverage.
5. How does South Korea’s patent system support pharmaceutical innovation?
South Korea offers strong patent rights, including patent term extensions and support within a robust legal framework, encouraging investment in novel drug development.
References
[1] South Korea Patent Office. (n.d.). Patent Database.
[2] WIPO. (2022). Patent Landscape Reports.
[3] Korean Intellectual Property Office. (2022). Patent Statistics and Analysis.
