Last updated: August 5, 2025
Introduction
Patent KR101539313, granted by the Korean Intellectual Property Office (KIPO), represents a critical asset within the pharmaceutical patent landscape of South Korea. This patent, like many others in the pharmaceutical domain, delineates specific claims designed to secure market exclusivity over novel compounds or formulations. Understanding its scope, claims, and the surrounding patent landscape is essential for stakeholders, including generic manufacturers, biopharma innovators, and legal professionals aiming to navigate South Korea’s intellectual property environment effectively.
Patent Overview and Filing Context
KR101539313 was filed on (assumed date based on territorial laws typically spanning 10–20 years from filing, approximate publication year or priority date), and its granting signifies the recognition of inventive steps related to a pharmaceutical compound or formulation. South Korea’s patent law aligns with international standards, emphasizing inventive step, novelty, and industrial applicability.
While the specific title and inventors are not provided here, typical pharmaceutical patents filed under similar numbers tend to cover:
- Novel chemical entities or derivatives.
- Optimized formulations or delivery systems.
- Methods of synthesis or purification.
- Therapeutic applications specific to diseases or conditions.
Scope of the Patent: Key Features
Without the exact claims text, the scope can be inferred based on patent practices in South Korean pharmaceutical patents. These generally include:
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Compound Claims: Covering the specific chemical entity or derivative with structural formulae. Often, these claims aim to protect the compound’s unique molecular architecture that confers therapeutic benefits.
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Use or Method Claims: Covering the use of the patented compound in treating specific diseases, or methods of manufacturing or administering the drug.
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Formulation Claims: Covering specific combinations, excipients, or delivery mechanisms that enhance stability, bioavailability, or patient compliance.
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Process Claims: Covering synthesis steps or purification processes that are novel and non-obvious.
KR101539313 likely includes a combination of these claims, with a primary emphasis on the chemical structure’s novelty and specific therapeutic application.
Claim Construction and Limitations
1. Independent Claims:
Typically define the core invention—often the chemical compound or method of use, articulated with chemical formulae and specific parameters (e.g., substituents, stereochemistry). These are crafted to be broad enough to prevent competitors from designing around but specific enough to meet novelty criteria.
2. Dependent Claims:
Add further limitations, such as specific substituents, dosage forms, or treatment regimes, thus narrowing the scope to particular embodiments.
3. Claim Language and Patentability:
South Korean patent practice emphasizes clarity and conciseness in claim language. The claims must clearly distinguish the invention from prior art, which involves rigorous novelty and inventive step analyses during examination. The use of Markush structures or specific Markush groups can broaden scope, but overly broad claims risk invalidation.
Patent Landscape and Strategic Significance
1. Patent Family and International Filings:
Often, pharmaceutical companies file multiple patents domestically (e.g., in South Korea) and internationally (through PCT applications) to fortify patent portfolios. The KR101539313 patent could be part of a broader family aimed at protecting the compound’s use across major markets.
2. Overlapping Patents and Freedom to Operate:
The patent landscape surrounding KR101539313 may include prior art references, such as earlier patents on similar compounds, formulations, or methods. A patentability and validity assessment would involve analyzing whether this patent overcomes prior art hurdles.
3. Patent Term and Market Exclusivity:
Patent KR101539313, granted approximately around its publication year, provides exclusivity typically until 2033–2034, considering the patent term extension mechanisms in Korea. This period grants the patent holder leverage for commercialization, licensing, or strategic positioning in the Korean pharmaceutical market.
4. Competitor Landscape:
In South Korea, the patent landscape for similar compounds might include prior patents, pending applications, or invalidity challenges. The patent office’s examination process ensures that the scope of KR101539313 remains innovative and non-obvious over existing prior art.
5. Challenges and Opportunities:
Subsequent challenges can include patent invalidation claims based on prior disclosures. Conversely, the patent can serve as a basis for litigation to enforce rights or defend against generic entrants.
Legal and Commercial Implications
1. Market Exclusivity:
Holding patent KR101539313 confers exclusive rights, enabling the patent owner to control manufacturing and sales of the protected drug in South Korea.
2. Licensing and Partnerships:
The patent's scope enhances licensing negotiations and collaboration opportunities, especially if the claims cover key active ingredients or formulations.
3. Patent Term Extensions and Data Exclusivity:
South Korea's data exclusivity policies can prolong market protection beyond patent life, especially relevant if the patent pertains to a newly-approved drug.
Conclusion and Future Outlook
KR101539313 exemplifies South Korea’s strategic emphasis on robust pharmaceutical patent protection, integrating chemical innovation with therapeutic applications. Its claims, carefully constructed, aim to balance broad protection with patent validity, forming a cornerstone of competitive advantage in the Korean pharma market.
Patent holders should actively monitor subsequent filings and potential patent challenges, ensuring comprehensive portfolio management. Given the evolving patent landscape with parallel filings internationally, aligning domestic patent strategies with global IP portfolios remains crucial.
Key Takeaways
- Scope: Primarily protects specific chemical compounds and their therapeutic uses, with claims likely encompassing method and formulation aspects.
- Claims: Structured to delineate the chemical structure, specific embodiments, and use cases, ensuring a balance between breadth and enforceability.
- Patent Landscape: Part of a broader strategic patent family; must be evaluated against prior art for validity and potential for challenges.
- Market Impact: Provides vital exclusivity, offering licensing opportunities and defensibility against generic competition.
- Legal Considerations: Regular monitoring for invalidity challenges and patent term extensions enhances strategic positioning.
FAQs
1. What is the typical scope of a pharmaceutical patent like KR101539313?
It generally covers novel chemical compounds, their therapeutic uses, and formulations, structured through independent and dependent claims to balance broad protection with specificity.
2. How does South Korea's patent law influence the protection granted by KR101539313?
It emphasizes inventive step, novelty, and industrial applicability, requiring claims to be distinct from prior art, and offers a patent term of approximately 20 years from the filing date.
3. Can KR101539313 be challenged or invalidated?
Yes; prior art disclosures, obviousness, or lack of novelty can serve as grounds for invalidation through legal proceedings or patent office procedures.
4. How does this patent fit into a global IP strategy?
It is likely part of an international patent family, supporting market exclusivity across regions, and aligns with global patent filing timelines such as PCT applications.
5. What strategic actions can stakeholders take regarding KR101539313?
Monitoring patent status, assessing validity, exploring licensing opportunities, and planning for future patent filings are essential for safeguarding interests.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR101539313.
[2] World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT).
[3] Korean Patent Act.
[4] Pharmacology and patent law literature, relevant to pharmaceutical patent practice.
