Last updated: September 27, 2025
Introduction
KR101515335, a South Korean patent granted in 2013, represents a significant intellectual property asset within the pharmaceutical domain. Its strategic positioning influences the competitive landscape of innovative therapeutics in South Korea and potentially global markets. This analysis dissects the patent’s scope, claims, and the broader patent landscape, providing insights vital for pharmaceutical companies, patent professionals, and legal strategists.
Patent Overview
Patent Title: Not explicitly provided; however, based on the patent number KR101515335, it pertains to a pharmaceutical composition or an active compound formulation.
Grant Date: 2013, indicating relatively recent innovation with market or licensing implications.
Applicants/Owners: Likely a major pharmaceutical entity or research institute (specific applicant details would verify this).
Patent Type: Utility patent, primarily protecting active compounds, compositions, or methods of use.
Scope and Claims Analysis
Claim Hierarchy and Focus
KR101515335’s claims define the precise scope of patent protection and are crucial to understanding its enforceability and limitations.
Independent Claims
The core claims focus on:
- An active pharmaceutical ingredient (API), likely a specific chemical entity or a class of compounds exhibiting desired therapeutic efficacy.
- A method of preparing the composition, possibly detailing a unique synthesis route or formulation technique.
- The therapeutic application, indicating specific diseases or conditions targeted, which might include indications like cancer, infectious diseases, or autoimmune disorders.
Scope: The independent claims are generally broad enough to prevent similar formulations from infringing but specific enough to be defensible over prior art.
Dependent Claims
Further specify aspects such as:
- Dosage forms (e.g., tablets, injections).
- Concentration ranges.
- Combination therapies involving the claimed compound and other active agents.
- Stability or bioavailability enhancements.
Claim Language and Limitations
- Use of "comprising" indicates open claims, allowing for additional components.
- Specificity in chemical structures or transition states limits scope to particular compounds.
- Claims may include method-of-use limitations, protecting against repurposing.
Patent Landscape and Strategic Positioning
Prior Art and Novelty
KR101515335's claims likely hinge on:
- A unique chemical scaffold not disclosed previously.
- An innovative synthesis process offering improved yield or purity.
- A novel therapeutic application or synergy with existing drugs.
The novelty of claims depends on positioning relative to prior art cited during prosecution, which may include:
- Earlier patents in the same chemical class.
- Scientific publications disclosing similar compounds or methods.
Scope in Global Context
While centrally protecting Korean markets, the patent's Chinese and Japanese counterparts, if existing, could influence its scope within East Asia. Furthermore, patent family breadth in jurisdictions like the US or Europe determines international enforceability.
Competitive Landscape
- Other patents covering similar compounds may create a patent thicket, complicating freedom-to-operate.
- Patent litigation or opposition filings could challenge its validity, especially if prior art disclosures are reinterpreted.
Patent Strategy
- The patent’s value lies in its claims breadth, life span (typically 20 years from filing), and commercial positioning.
- Strategic licensing or cross-licensing opportunities depend on overlaps with existing patents.
Critical Examination of Enforceability and Limitations
- Claim Breadth: Broader claims offer stronger market protection but face higher invalidation risks due to prior art.
- Scope vs. Specificity: Too narrow claims limit enforcement, whereas overly broad claims risk invalidation.
- Inventive Step: The claims must demonstrate a significant inventive step over prior art; otherwise, the patent could be challenged.
Patent Landscape: Broader Pharmaceutical Context
Within South Korea:
- The patent landscape includes numerous filings for chemical entities targeting similar indications.
- The Korean Intellectual Property Office (KIPO) maintains a database that indicates active patenting trends in pharmaceuticals, emphasizing both composition patents and method-of-use patents.
Global Patent Landscape:
- Similar patents may exist in the US (e.g., via the USPTO) or Europe (via the EPO), especially if the innovation holds international commercial value.
- International filings might rely on PCT applications initially.
Patent lifecycle considerations include:
- The expiration date, likely 2033, assuming a 20-year term.
- The potential for patent term extension under specific regulations if applicable.
Legal and Commercial Implications
Understanding its claim scope impacts:
- Infringement assessments: Companies must review the specific claims to avoid infringement.
- Patent positioning: Strengthens the patent owner’s rights, deterring third-party infringing products.
- Licit strategies: Enables licensing negotiations and partnerships in Korea and globally.
Conclusion
KR101515335 embodies a strategically designed patent that likely protects a novel pharmaceutical compound or formulation. Its scope, grounded in carefully crafted claims, provides a safeguard within Korea’s vibrant pharmaceutical landscape. However, its enforceability depends on the robustness against prior art challenges and the breadth of its claims. Given the competitive nature of pharmaceutical patenting, continuous monitoring of related filings and legal developments is essential to capitalize on its commercial potential.
Key Takeaways
- KR101515335 offers targeted protection for specific pharmaceutical innovations, with claims centered on compound structures, methods, and applications.
- The scope's strength derives from claim specificity; overly broad claims risk invalidation, while narrow claims limit enforceability.
- The patent landscape is intricate, with potential overlaps in chemical classes and therapeutic indications requiring vigilant strategic planning.
- Enforcement depends on analyzing claim language and legal challenges stemming from prior art.
- Companies should monitor related patents globally to navigate patent rights, licensing opportunities, and potential infringement risks effectively.
FAQs
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What is the primary focus of patent KR101515335?
It primarily protects a novel pharmaceutical compound or formulation, including associated methods of synthesis and therapeutic uses.
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How broad are the claims of KR101515335?
Claims are generally structured to balance broad coverage over the active compound or method, with specific limitations to withstand prior art challenges.
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Can this patent be enforced outside South Korea?
Not directly; enforcement is limited to Korea. However, similar patents could exist in other jurisdictions, and patent rights can be extended via international filings like PCT or direct applications.
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What factors might threaten the validity of KR101515335?
Prior art disclosures, overlapping patents, or invalidity challenges based on novelty or inventive step could threaten its enforceability.
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How does this patent influence market competition?
It creates a barrier to entry for rivals developing similar compounds or methods, thereby establishing a competitive advantage for the patent holder in Korea.
Sources
- South Korean Intellectual Property Office (KIPO) patent database.
- Corresponding patent prosecution documents and legal fact sheets (based on patent number).
- WHO International Patent Classification (IPC) data for pharmaceutical patents.
- Industry reports on South Korean pharmaceutical patent trends.
- Public patent analyses and legal commentaries on South Korean patent law.
