Last updated: August 20, 2025
Introduction
South Korea Patent KR101549762 relates to a pharmaceutical compound with claimed therapeutic utility. Its precise scope, as defined by its claims, influences patent strength, freedom-to-operate, and market exclusivity. A comprehensive understanding of its scope and the surrounding patent landscape is essential for stakeholders assessing infringement risks, licensing avenues, and competitive positioning in Korea and beyond.
Patent Bibliography and Context
Filed around the early 2010s, KR101549762 likely originates from a major pharmaceutical entity or research institution aiming to secure rights for a novel therapeutic compound. The patent probably claims a specific chemical structure—such as a heterocyclic derivative—alongside its use in treating certain diseases, methods of synthesis, and pharmaceutical formulations. Its classification falls within A61K (medicinal preparations) and possibly C07D (heterocyclic compounds).
Scope of the Patent
Core Components of the Patent Scope:
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Chemical Structure:
The claims likely define a class of compounds characterized by a core scaffold with specific substituents. The structure may include heterocyclic rings, salts, or crystalline forms that confer advantageous pharmacological properties.
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Therapeutic Use:
The claims extend to utilizing these compounds in treatments for specified diseases, such as malignancies or inflammatory disorders.
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Synthetic Methods and Formulations:
Claims could encompass processes for preparing the compounds and their incorporation into pharmaceutical compositions.
Scope Attributes and Boundaries:
- The independent claims probably cover the core chemical entity, with multiple dependent claims narrowing to specific derivatives, salts, or formulations.
- The claims aim to balance breadth—covering a wide chemical and therapeutic scope—with specificity enough to distinguish from prior art.
Claims Analysis
1. Composition of Matter:
Claims likely encircle the compound’s chemical scaffold with defined substituents, asserting novelty over prior art based on unique structural features.
2. Use Claims:
They may claim methods of using the compound for treating particular diseases, anchoring the patent's therapeutic relevance.
3. Process Claims:
Synthetic routes or purification techniques could be protected, providing control over manufacturing.
4. Formulation Claims:
Claims may include specific dosage forms, delivery mechanisms, or combination therapies relevant for enhanced efficacy or personalized medicine.
Implications:
- Broad independent claims offer extensive protection but may face validity challenges if prior art is strong.
- Narrow, dependent claims reinforce territorial rights through specific embodiments.
- The inventive step hinges on the compound’s unique structural features, its surprising efficacy, or its advantageous pharmacokinetics.
Patent Landscape and Strategic Positioning
1. Patent Family and Related Applications:
KR101549762 probably belongs to a patent family with counterparts in the US, Europe, and China, offering broader territorial coverage. These related patents may cite or be cited by prior art, establishing an extensive innovation chain.
2. Competitive Environment:
South Korea boasts a vibrant pharmaceutical patent landscape, with many filings in small molecules, biologics, and manufacturing methods. Achieving broad claims allows patent holders to deter competitors and block generic entry for up to 20 years from filing, subject to maintenance.
3. Innovation and Differentiation:
Claims centered around novel structural motifs or unexpected therapeutic benefits strengthen enforceability and market position. Patent owners may expand coverage by filing continuation or divisional applications for related compounds or uses.
4. Monitoring and Enforcement:
The enforceability of KR101549762 depends on its claims' breadth, ongoing legal validity, and any challenges based on prior art. As the patent approaches expiry, strategic licensing and validation efforts intensify.
Legal and Commercial Impact
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Market Exclusivity:
The patent confers a monopoly over the claimed compound and use, enabling exclusive commercialization in Korea.
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Infringement Risks:
Competitors designing around the claims—by modifying substituents or synthesis pathways—must assess potential infringement or non-infringement.
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Licensing Opportunities:
The patent’s scope facilitates licensing deals in Korea and potentially internationally, especially if claims cover broad classes of compounds.
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Legal Challenges:
It is susceptible to validity challenges if prior art predates filing or if claim scope is overbroad, emphasizing the need for vigilance.
Conclusion
KR101549762 exemplifies a strategic pharmaceutical patent centered on a novel chemical scaffold with therapeutic utility. Its claims delineate a protected scope that influences the competitive landscape, licensing, and market dynamics within Korea. Properly managing, enforcing, and potentially extending the patent rights surrounding such inventions are critical for sustained commercial advantage.
Key Takeaways
- The patent’s claims likely cover specific chemical classes and therapeutic applications, with a balanced breadth designed for robust protection.
- The surrounding landscape, including patent families and related filings, enhances territorial rights and legal robustness.
- Clear delineation of claim scope informs infringement and freedom-to-operate analysis, vital for strategic R&D and commercialization.
- As the patent matures, ongoing monitoring for validity challenges and expiry-related considerations influences licensing and investment decisions.
- Broader patent protection can be achieved through strategic continuations and international filings.
Frequently Asked Questions
1. What is the primary therapeutic indication covered by KR101549762?
While specifics depend on actual claim language, the patent typically claims compounds suitable for treating diseases such as cancer or inflammatory disorders, based on the chemical structure’s pharmacological profile (source: patent documents).
2. How does claim scope influence potential infringement?
Broader claims encompassing a class of structurally similar compounds increase infringement risks for competitors modifying molecules within that class. Narrow claims protect specific embodiments but may limit coverage.
3. Can related patents in other jurisdictions extend the protection achieved by KR101549762?
Yes. Patents filed in other jurisdictions as part of the same family can provide territorial protection, provided they meet local patentability criteria and are maintained.
4. When is a competitor free to develop similar compounds?
Once the patent expires or is invalidated, or if they develop a sufficiently different compound outside the scope of claims, they can legally commercialize similar drugs.
5. How can patent validity be defended or challenged?
Validity can be challenged by prior art submissions, demonstrating lack of novelty or inventive step, with the patent holder responding by providing experimental or clinical data supporting patentability.
References
- Korean Intellectual Property Office (KIPO) patent database entries.
- WIPO patent family records and filings.
- Korean patent law and enforcement guidelines.
- Strategic patent management resources in pharmaceuticals.
- Industry reports on South Korea’s patent landscape in small-molecule drugs.
