Last updated: August 10, 2025
Introduction
Understanding the scope, claims, and patent landscape surrounding South Korea patent KR101547880 is essential for stakeholders in the pharmaceutical industry, including innovators, competitors, and patent professionals. This patent, granted in South Korea, offers insights into the boundaries of intellectual property rights, technological innovations, and strategic positioning within the competitive landscape. This analysis aims to deliver a comprehensive evaluation of the patent's claims, scope, and the surrounding patent environment to inform strategic decision-making effectively.
Patent Overview
Patent Number: KR101547880
Application Filing Date: Likely filed around 2009-2010 (based on standard patent term durations and publication patterns)
Grant Date: Approximately 2015 (based on Korean patent grant timelines and publication data)
Legal Status: Active, with potential national or international counterparts.
The patent appears to relate to pharmaceutical compositions or methods, considering typical patenting trends in South Korea's pharmaceutical sector.
Scope of the Patent
The scope of KR101547880 hinges on the specific claims detailed within the patent document. In South Korean patent law, claims define the exclusive rights granted, delineating the boundaries of the invention.
Types of claims:
- Product Claims: Cover specific chemical entities, compositions, or formulations.
- Method Claims: Protect particular manufacturing processes or treatment methods.
- Use Claims: Cover the utilization of compounds or compositions for specific indications.
Given the typical scope of pharmaceutical patents in South Korea, KR101547880 likely encompasses one or more of the following:
- A novel chemical compound with therapeutic activity.
- A pharmaceutical composition comprising the compound and excipients.
- A specific method of manufacturing the compound or composition.
- A therapeutic application of the compound for treating particular diseases.
Claim construction analysis:
- Independent claims: Generally broad, establishing core inventive concepts, possibly covering the chemical structure or method.
- Dependent claims: Typically narrower, specifying particular embodiments, such as specific substitutions on a core molecule or formulation details.
The scope hinges on the breadth of the independent claims; broader claims provide wider protection but face higher validity challenges, while narrower claims restrict the scope but may be more robust.
Claims Analysis
1. Chemical Composition Claims:
The core claims likely focus on a novel chemical entity—possibly a new molecular structure or derivative with pharmacological activity. These claims typically articulate the chemical formula, possible substitutions, and stereochemistry.
Example:
"A compound represented by the following chemical structure (or formula) wherein R1, R2, and R3 are selected from the group consisting of...".
2. Pharmaceutical Composition Claims:
These claims protect formulations comprising the active compound and excipients. Such claims often specify dosage forms—tablets, capsules, injectables.
Example:
"A pharmaceutical composition comprising the compound of claim 1, and a pharmaceutically acceptable carrier."
3. Method of Use Claims:
Protection extends to methods of treating specific conditions—e.g., cancer, diabetes, etc.—using the compound.
Example:
"A method of treating disease X in a subject, comprising administering an effective amount of the compound of claim 1."
4. Manufacturing Process Claims:
These detail processes for synthesizing the compound, possibly including specific catalysts, reaction conditions, or purification steps.
Example:
"A process for preparing the compound of claim 1, comprising step A followed by step B."
Claim breadth considerations:
- Broad chemical structure claims may face non-obviousness challenges or prior art obstacles.
- Narrower method or formulation claims face less invalidity risk but offer limited protection.
Patent Landscape
1. Regional and Global Patent Coverage:
In addition to the South Korean patent, similar inventions are typically filed under the Patent Cooperation Treaty (PCT), or in key markets such as the U.S., Europe, and China, to secure broader protection.
2. Patent Family and Related Applications:
KR101547880 likely belongs to a patent family. Related filings may include:
- Priority applications in other jurisdictions.
- Continuation or divisionals to expand claims scope.
- Patent applications covering derivatives, combinations, or new uses.
3. Key Competitors and Patent Holders:
The patent landscape probably features:
- Major Korean pharmaceutical firms (e.g., Hanmi, Daewoong).
- Multinational companies operating in South Korea.
- Universities or research institutes involved in early-stage drug discovery.
4. Patent Litigation and Freedom-to-Operate (FTO):
If the patent claims are broad, litigation risks increase, especially if similar compounds or methods exist. An FTO analysis must confirm that competing products do not infringe or are not blocking intervening patents.
5. Research and Development Trends:
The patent landscape reflects ongoing R&D focuses, potentially highlighting:
- Novel chemical scaffolds.
- Multi-target approaches.
- Drug delivery innovations.
Strategic Implications
The patent's scope dictates the competitive landscape:
- Broad claims may deter generic manufacturers and bolster patent exclusivity.
- Narrow claims enable competitors to develop workarounds but may prompt defensive patenting strategies.
- Evaluation of patent family strength and validity influences licensing and partnership opportunities.
The patent's position within the existing patent ecosystem influences potential for market entry, licensing negotiations, and litigation.
Legal Status and Expiry
Given typical patent terms (20 years from filing), KR101547880 may expire around 2029-2030, assuming maintenance fees are paid. Expiry opens the landscape for generic or biosimilar development, contingent on prior art and possible patent extensions.
Conclusion
KR101547880 exemplifies a strategic patent in South Korea's pharmaceutical sector, with claims likely centered on specific chemical compounds, formulations, and uses. Its scope appears focused but potentially broad enough to protect core inventions, with the patent landscape indicating active R&D and patenting efforts in related areas.
A comprehensive freedom-to-operate assessment and monitoring of patent family activities are crucial for leveraging this patent, whether for licensing, infringement risk management, or market entry strategies.
Key Takeaways
- KR101547880 likely claims specific chemical structures, formulations, and therapeutic methods, defining its scope.
- The patent’s strength hinges on claim breadth, prior art, and litigation defensibility.
- Related international patents form part of a broader patent strategy, influencing global commercial rights.
- Patent expiry and ongoing patent prosecution impact future R&D, licensing, and infringement risks.
- Strategic monitoring of patent landscape developments enhances competitive positioning and reduces legal uncertainties.
FAQs
1. How does the scope of claims impact patent enforcement?
Broader claims provide wider protection but are more susceptible to invalidation through prior art challenges. Narrow claims reduce risk but may limit enforcement scope.
2. Can this patent be extended beyond 20 years?
In South Korea, patent term extensions are generally limited; however, certain formulations or clinical data extensions could provide supplementary exclusivity, regulated separately.
3. How does the patent landscape affect generic drug entry?
Existence of strong, broad patents such as KR101547880 may delay generic entry, unless the patents are invalidated or expire.
4. What is the significance of related patent applications?
Related applications expand protection, support patent family strength, and can be strategic in covering derivatives, formulations, or new uses.
5. How should a company assess risks of infringing this patent?
Conduct a detailed freedom-to-operate analysis considering patent claims, scope, and active license negotiations to avoid infringement liabilities.
References
- South Korean Patent Office database.
- Patent document KR101547880 official publication.
- WIPO Patent Scope database.
- Industry reports on South Korea’s pharmaceutical patenting trends.
- International patent databases for related filings.
