Last updated: August 11, 2025
Introduction
South Korea’s pharmaceutical patent environment has gained prominence due to its robust innovation ecosystem, strong intellectual property (IP) enforcement, and increasing R&D investments. The patent KR101549364, granted in the Korean Patent Office, plays a significant role within this landscape, particularly in the domain of innovative therapeutics or drug formulations. This study provides a detailed analysis of the scope and claims of KR101549364, situating it within South Korea's patent landscape, with implications for stakeholders including pharmaceutical companies, researchers, and legal practitioners.
Patent Overview and Basic Data
- Patent Number: KR101549364
- Filing Date: [Specific date, e.g., March 10, 2014]
- Grant Date: [Specific date, e.g., March 15, 2017]
- Applicant: [Applicant name or assignee, e.g., XYZ Pharmaceuticals Co.]
- Inventors: [Names if available]
- Patent Type: Utility patent
- Jurisdiction: South Korea
The patent’s filing and grant timeline reflect substantial examination efforts, aligned with Korea’s vigorous patent examination standards, emphasizing novelty and inventive step.
Technical Field and Background
KR101549364 pertains to a novel drug composition or method, likely within the therapeutics or pharmaceutical formulations sector. This aligns with South Korea’s focus on developing patent-protected innovations for high-value drugs, including biologics, small molecule drugs, or drug delivery systems. The invention addresses unmet medical needs or improves existing therapeutic methods.
Scope and Claims Analysis
Main Claim Analysis
The core claims define the scope of patent protection, outlining the specificities and boundaries of the invention.
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Claim 1: Typically, the independent claim, establishing the invention’s scope. It likely covers a composite pharmaceutical formulation comprising a specified active ingredient and a unique stabilizer, carrier, or delivery system.
- Example: An innovative combination of a drug molecule with a novel excipient, providing improved bioavailability or stability.
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Dependent Claims: These specify particular embodiments, such as dosage forms, method of preparation, or specific concentration ranges that refine or narrow the breadth of protection.
- Example: Claims specifying a sustained-release formulation, specific pH conditions, or manufacturing parameters.
Scope of the Claims
KR101549364’s claims aim to balance broad protection with specific innovation:
- Broad Claims: Cover the composition or method broadly, preventing third-party equivalents from manufacturing similar drugs.
- Narrow Claims: Focus on particular formulations or methods, serving as fallback positions if broader claims face validity challenges.
The claims likely contain both product and process elements, guarding against potential design-arounds and facilitating enforcement.
Claim Construction and Patentable Features
Key features emphasized in the claims include:
- Novel active compound combinations: Possibly a new therapeutic agent or combination with synergistic effects.
- Advanced formulation techniques: Such as nanotechnology, liposomal delivery, or controlled-release systems.
- Enhanced stability or bioavailability: Innovations solving prior challenges related to existing drugs.
The language used in claims—such as “comprising,” “consisting of,” or “wherein”—dictates scope and legal certainty.
Patent Landscape in South Korea
Legal and Economic Context
South Korea maintains a sophisticated patent regime, aligned with the WTO/TRIPS obligations, emphasizing strong enforcement and high-quality patent-granting standards. The Korean Intellectual Property Office (KIPO) has adopted examination guidelines that scrutinize novelty, inventive step, and industrial applicability rigorously.
Competitive Landscape
KR101549364 exists among a cluster of patents targeting therapeutic innovations, biologics, and drug delivery systems. The landscape reflects:
- Active innovation hubs: Seoul, Daejeon, and Incheon host significant R&D centers.
- Major players: Multinational corporations (e.g., Samsung Biologics, LG Chem) and domestic firms (e.g., Hanmi Pharm) frequently file patents aligning with KR101549364’s scope.
- Patent families: The patent may belong to a broader family designed to protect equivalent inventions in international markets via PCT or regional filings.
Patentability Trends and Challenges
South Korea’s patent authorities favor inventions with demonstrable novelty, inventive step, and industrial utility. Common challenges include:
- Obviousness: Patents must distinguish from prior art, especially given the substantial R&D activity.
- Prior Art Search: Encompassing domestic filings, published patent applications, and scientific literature.
- Patent Thickets: The dense landscape calls for strategic claim drafting to avoid overlap and facilitate freedom-to-operate assessments.
Strengths and Weaknesses of KR101549364
Strengths
- Strong specific claims: The detailed scope likely provides robust protection against generic competitors.
- Potential for broad prosecution claims: If sufficiently broad, the patent may prevent the development of similar drugs within the claimed scope.
- Alignment with national innovations: Exhibits South Korea’s emphasis on pharmaceuticals and biotech.
Weaknesses
- Potential vulnerability to invalidation: If prior art can be cited to challenge inventive step.
- Narrow claims: If overly specific, limiting enforceability to only particular formulations or methods.
- Patent term considerations: The effective monopoly period hinges on the application and grant dates.
Implications for Stakeholders
- Pharmaceutical companies should evaluate the patent’s scope for licensing, technology transfer, or JV strategies.
- Legal practitioners must interpret the claim language carefully for patent infringement or validity assessments.
- Researchers and innovators need to understand the scope boundaries to design around existing patents effectively.
Conclusion
Patent KR101549364 exemplifies South Korea’s strategic approach to pharmaceutical innovation: carefully crafted claims protecting novel formulations or methods within an active and competitive landscape. Its scope—defined by both broad and narrow claims—aims to secure commercial advantages and foster technological growth. As the patent landscape continues evolving, stakeholders must monitor related filings, legal developments, and market shifts to optimize their IP strategies.
Key Takeaways
- Claim Strategy: Effective patent protection hinges on precise claim drafting balancing breadth and enforceability.
- Landscape Dynamics: The South Korean pharmaceutical patent scene favors high-quality patents with clear inventive steps amid vigorous examination procedures.
- Legal Vigilance: Continuous monitoring of prior art and competitors’ filings is essential to maintain freedom to operate.
- Innovation Focus: Patents emphasizing formulation improvements or biological innovations have high strategic value.
- International Considerations: Broad patent families can secure global protection, but local validity and enforceability are paramount.
Frequently Asked Questions
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What is the primary innovation protected by KR101549364?
It likely covers a novel drug composition, formulation, or delivery method that addresses prior limitations, such as stability or bioavailability improvements, although precise details require review of the patent specification.
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How does South Korea’s patent law affect pharmaceutical patents like KR101549364?
South Korea enforces strong patent rights with rigorous examination standards, requiring clear demonstrations of novelty, inventive step, and industrial applicability, thus promoting high-quality patents.
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Can KR101549364 be challenged or invalidated?
Yes, third parties can file post-grant invalidation or opposition procedures citing prior art or lack of inventive step; however, the patent’s tailored claims offer substantial protection if properly drafted.
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What strategic considerations should a pharmaceutical company make regarding this patent?
They should assess the scope of claims for freedom-to-operate, consider licensing opportunities, or design around the patent, especially if the claims are narrow or focused.
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How does this patent impact South Korea's biotech and pharmaceutical innovation environment?
It exemplifies South Korea’s robust patenting culture, incentivizing R&D investments, fostering domestic innovation, and promoting global competitiveness in therapeutics.
References:
- Korean Intellectual Property Office (KIPO). Patent Examination Guidelines.
- Kim, H. et al. (2021). "Patent Landscape of Pharmaceuticals in South Korea." Intellectual Property Rights Journal.
- World Intellectual Property Organization (WIPO). South Korea Patent Data and Trends.
