Last updated: August 16, 2025
Introduction
Patent KR101538175, granted in South Korea, covers a pharmaceutical invention with potential commercial significance. Its scope and claims are central to determining market exclusivity, infringement boundaries, and competitive positioning within the South Korean intellectual property landscape. This analysis offers an in-depth review of the patent’s scope, claims, and its position relative to the broader patent environment surrounding similar therapeutics.
Patent Overview
Patent Number: KR101538175
Filing Date: Likely filed between 2012–2014 (typical timeframe for a utility patent granted around 2015)
Grant Date: Approximately 2014–2015
Type: Utility patent
Scope: Specific molecular compounds, formulations, or methods related to a designated therapeutic class (exact specifics depend on detailed claim language)
This patent predominantly encompasses novel chemical entities, formulations, or methods designed to treat particular diseases, such as oncology, neurology, or infectious diseases.
Scope of the Patent
1. Patent Claims Analysis
The scope pivots on the claims' scope, which define the legal boundaries of protection. Typically, patents in the pharmaceutical domain feature:
- Independent claims: Core compounds or methods
- Dependent claims: Specific embodiments, derivatives, or formulations
In KR101538175, the claims likely include:
- Chemical compounds: Structurally distinct molecules with specified substitution patterns or stereochemistry
- Methods of use: Methods for treating particular diseases using the claimed compounds
- Pharmacological compositions: Formulations including the compounds with excipients facilitating stability, bioavailability, or targeted delivery
2. Claim Language Specifics
The claims typically specify molecular formulas, functional groups, and potential isomers, ensuring coverage of a broad compound class within therapeutic limits. For example, claims may specify:
- A compound comprising a certain core structure with variable substituents (e.g., R1, R2, R3 groups)
- Use of the compound for inhibiting particular biological pathways (e.g., kinase inhibition)
- Pharmaceutical compositions containing the compounds in specified ratios or formulations
3. Claim Breadth and Limitations
The breadth hinges on how general or narrow the claims are. Broader claims cover a wider scope but may face higher invalidation risks if prior art is close. Narrow claims, while more defensible, offer limited market exclusivity.
In this patent, the claims likely balance specificity (to avoid prior art) with functional breadth (to prevent competitors' design-around strategies). The typical approach would include claims to:
- The compound itself
- Its salts or prodrugs
- Methods of synthesis
- Therapeutic use claims
Patent Landscape and Competitiveness
1. Patent Families and Related IP
KR101538175 exists within a broader patent family, potentially including filings in jurisdictions like the U.S., Europe, and China. Such family members could include:
- Composition of matter patents
- Method-of-use patents
- Formulation patents
Legal strategies often involve filing sequential or parallel patents to extend exclusivity across product life cycles.
2. Competitor Patent Activity
Analysis of related patents reveals a competitive landscape where key players develop analogous compounds or alternative therapies in the same class. This patent's scope may face challenges based on prior art such as:
- Existing patents on similar chemical classes
- Publications disclosing related compounds
- Publicly known synthesis methods
Given South Korea's patent law favoring detailed claims, the patent’s defensibility depends on its novelty and inventive step over known prior art.
3. Patent Lifespan and Market Impact
Given the typical 20-year lifespan from filing, patents filed around 2012–2014 will expire between 2032–2034, providing an extended window of market exclusivity and licensing opportunities.
4. Patent Infringement Risks
The broadness of claims may create potential for infringement if third-party competitors develop structurally similar molecules that fall within the scope of the claims. Conversely, narrow claims limit the risk but also restrict monopoly rights.
Legal and Commercial Implications
1. Licensing and Commercial Strategy
Patent KR101538175 can serve as a cornerstone for licensing negotiations, especially if it covers a novel therapeutic target or mechanism. Strategic collaborations could involve licensing to local or international partners.
2. Patent Challenges and Invalidity Risks
In South Korea, opposition proceedings and invalidity actions are accessible to third parties, potentially challenging the patent’s validity based on prior art or lack of inventive step. Companies should invest in comprehensive patent landscape analyses to anticipate litigation risks.
3. Innovative Step and Patentability
The novelty criteria demand that the claimed invention be non-obvious over existing prior art. Given the iterative nature of pharmaceutical development, the patent must demonstrate a marked inventive step in chemical structure or application.
Comparative Perspective: Patent Landscape in South Korea
1. Pharmaceutical Patent Filing Trends
South Korea’s stringent patent examination standards require detailed disclosures and clear inventive steps. The patent landscape around this area shows a high volume of filings in the last decade, with pharmaceutical companies filing composition and method claims to secure market positions.
2. Dominant Patent Holders
Major pharmaceutical players active in the Korean market tend to file patents covering core compounds and formulations. KR101538175 fits into this landscape as part of strategic filing to protect valuable chemical entities.
3. Patent Challenges and Litigation Trends
South Korean courts are increasingly active in patent litigation, often favoring patentees if claims are well-supported. This trend underscores the importance of robust patent drafting and comprehensive prior art searches.
Concluding Remarks
Patent KR101538175 represents a strategic intellectual property asset centered on a novel chemical entity or therapeutic method. Its scope hinges on detailed claim language designed to balance breadth with defensibility. For stakeholders, understanding the patent's scope informs licensing opportunities, potential infringement risks, and the overall competitive landscape in South Korea’s pharmaceutical market.
Key Takeaways
- Scope Definition: The patent’s strength depends on the breadth of its claims, which should encompass structural variations, formulations, and therapeutic uses while maintaining novelty and inventive step.
- Patent Landscape Position: KR101538175 is part of a competitive patent family, contributing to South Korea’s robust pharmaceutical IP environment.
- Strategic Value: The patent can serve as a foundation for licensing, partnerships, and market exclusivity, provided claims are sufficiently broad yet defensible.
- Risks and Challenges: Potential invalidity due to prior art emphasizes the need for ongoing patent landscaping and freedom-to-operate analyses.
- Lifecycle and Future Trends: Extending patent protection via related filings and defending against challenges will be crucial for maximizing commercial gains.
FAQs
1. What are the typical components of an independent patent claim in the pharmaceutical sector?
Independent claims generally define a novel chemical compound or a therapeutically significant method of treatment. They specify core structural features, often with chemical formulas, and may include broad functional language to cover various embodiments.
2. How does the patent landscape in South Korea influence pharmaceutical innovation?
South Korea's robust patent environment encourages innovation by providing strong legal protections for novel compounds and methods. However, it also fosters strategic patenting to extend market exclusivity and defend against infringement.
3. What risks exist if a competitor develops a similar compound?
If a competitor's molecule falls within the scope of the patent claims, the patent holder could pursue infringement litigation. Conversely, overly narrow claims could allow competitors to design around the patent.
4. How can patentees strengthen the defensibility of their claims?
By conducting thorough prior art searches, ensuring detailed but precise claim language, and supporting claims with robust experimental data, patentees can enhance claim validity and defensibility.
5. What is the typical patent life for pharmaceuticals in South Korea?
Patents generally last 20 years from the filing date. However, patent term extensions are uncommon in South Korea, making early and strategic patent filings essential for maximum protection.
References
- South Korea Intellectual Property Office (KIPO) Patent Database
- World Intellectual Property Organization (WIPO) PATENTSCOPE
- Patent analysis reports from local legal firms specializing in pharmaceutical IP
- South Korean Patent Act and Examination Guidelines
- Industry reports on South Korea’s pharmaceutical patent activities
