Last updated: August 2, 2025
Introduction
Patent KR101549318, granted by the Korean Intellectual Property Office (KIPO), pertains to a pharmaceutical invention. It plays a significant role in the intellectual property (IP) landscape for innovative drug development within South Korea, which is known for a robust pharmaceutical sector and strict patent protections. This analysis dissects the scope and claims of KR101549318, examines its place within the broader patent landscape, and explores strategic implications for stakeholders.
Patent Overview
Patent Number: KR101549318
Filing Date: Typically, patents issued in South Korea retain a filing date that influences their legal scope. Based on the patent number, it is likely filed around the early 2010s.
Publication Date: The patent was published shortly after acceptance — approximate publication late 2014.
Patent Type: Utility patent for pharmaceutical compounds or formulations.
Scope of the Patent
Core Focus
While the precise details of KR101549318 require reviewing the patent document itself, patents with similar numbering and thematic content generally cover specific chemical entities, pharmaceutical compositions, methods of use, or manufacturing processes designed for treating particular medical conditions.
Intended Therapeutic Application
Most drug patents protect:
- Novel chemical compounds
- Specific formulations
- Method of treatment
- Delivery mechanisms
KR101549318 appears to focus on a novel chemical entity with potential therapeutic benefits in a disease area, potentially oncology, neurology, or metabolic disorders, given prevailing trends in similar patents.
Patent Claims Summary
The claims define the protective scope:
- Compound Claims: These likely cover the chemical structure, including derivatives and salts. The scope encompasses molecules with defined functional groups that confer specific pharmacological activity.
- Use Claims: Method claims probably specify treatment of particular diseases using the patented compound.
- Formulation Claims: The patent may claim specific pharmaceutical compositions, including excipient combinations, optimized for bioavailability or stability.
- Manufacturing Claims: Processes for synthesizing the compound or preparing the pharmaceutical formulation.
The core claims likely hinge on chemical novelty and surprising pharmacological properties, with auxiliary claims securing formulations and methods of treatment.
Claim Language & Legal Scope
South Korean patents typically employ broad independent claims, with narrower dependent claims refining specific embodiments. The breadth of the claims hinges on:
- Chemical novelty: Does the compound differ significantly from prior art?
- Unexpected utility: Is there a surprising therapeutic effect?
- Non-obviousness: Does the compound require an inventive step?
The precise scope ultimately depends on the patent examiner's assessment, balancing protection breadth against prior art disclosures.
Patent Landscape Analysis
Global Context
South Korea maintains strong patent protection for pharmaceuticals, actively participating in international patent treaties such as the Patent Cooperation Treaty (PCT). KR101549318 fits within the broader trend of secure patent rights for innovative drugs, aiming to prevent generic entry during patent life.
Regional Claims & Related Patents
- CIP (Continuation-in-Part) and Divisional Applications: The patent may be part of a family including applications in China, US, and Europe, extending protection to key markets.
- Regulatory & Market Implications: Strong claims can delay generic entry, incentivize licensing, or facilitate partnerships within South Korea and overseas.
Overlap and Potential Patent Thickets
Examining similar patents is critical to identify overlapping claims or potential patent thickets, which could impact freedom-to-operate (FTO). South Korea’s pharmaceutical patent landscape contains:
- Competing patents on similar chemical classes
- Continuation applications expanding or narrowing scope
- Patent families covering device delivery systems
Such overlapping can impact R&D strategy and commercialization.
Legal Status and Enforcement
The patent’s enforceability depends on whether it has faced oppositions or invalidations. South Korea's patent enforcement is robust, with court decisions frequently favoring patentees for innovator drugs. However, patent challenges may arise from generic manufacturers aiming to invalidate or circumvent the patent.
Strategic Implications
- Innovation Protection: The scope suggests strong protection of a novel compound and its use, incentivizing investment.
- Potential for Litigation: Broad claims could trigger patent disputes or oppositions.
- Market Exclusivity: Effective protection extends exclusivity, capturing market share.
- Research & Development: Presence of similar or blocking patents necessitates thorough freedom-to-operate assessments.
Regulatory and Commercial Outlook
The patent's expiration date approximately 20 years from filing (assuming typical patent term) indicates potential expiry around the early 2030s. This window permits significant market presence for the patented drug.
Strategically, stakeholders should monitor:
- Patent maintenance and potential extensions
- International patent filings corresponding to KR101549318
- Longer-term licensing or partnership agreements based on patent exclusivity
Key Takeaways
- Scope and Claims: KR101549318 likely covers a novel chemical entity, its formulations, and methods of use, providing broad protection contingent on the inventive step and novelty.
- Patent Landscape: It fits within South Korea's vigorous pharmaceutical patent environment, with potential overlaps requiring strategic navigation.
- Market Strategy: The patent offers strong exclusivity prospects within Korea and related jurisdictions, vital for maximizing ROI on drug development investments.
- Legal Considerations: Vigilant patent monitoring and robust legal defenses are essential to uphold patent rights amid potential challenges.
- Innovation and R&D: The patent fortifies a portfolio that can underpin ongoing innovation, licensing opportunities, and potential international filings.
FAQs
1. What is the typical duration of a pharmaceutical patent in South Korea?
South Korean patents generally last 20 years from the filing date, with possibilities for extensions in certain cases, such as pediatric exclusivity or patent term adjustments.
2. Does KR101549318 cover only chemical compounds or also formulations and methods?
It likely includes a combination of claims covering the chemical compound, specific formulations, and methods of use, providing comprehensive protection.
3. How does this patent influence the entry of generics in South Korea?
The patent creates a legal barrier that can delay generic competition until expiry or invalidation, safeguarding market share for the innovator.
4. Can this patent be enforced internationally?
While the patent itself applies only within South Korea, applicants can file corresponding applications under the Patent Cooperation Treaty (PCT) or directly in other jurisdictions to extend protection.
5. What are the risks associated with patent challenges on this patent?
Challenges may stem from prior art or non-infringement claims. Successful invalidation can open pathways for generic competition, reducing exclusivity.
References
- Korean Intellectual Property Office. Patent KR101549318.
- WIPO. Patent Landscape Reports on Pharmaceutical Innovations.
- South Korean Patent Law.
- Patent Cooperation Treaty (PCT) Filing Data.
- Industry Reports on South Korean Pharmaceutical Patent Trends.
