Last updated: August 10, 2025
Introduction
South Korea Patent KR101568801 pertains to a pharmaceutical invention, primarily focused on a novel formulation or compound associated with healthcare applications. As a foundational element of intellectual property in the pharmaceutical sector, understanding its scope, claims, and the surrounding patent landscape offers strategic insights for industry stakeholders, including competitors, licensees, and researchers.
This analysis explores the patent's legal claims, technological focus, breadth, and the broader patent environment in the South Korean pharmaceutical sector, emphasizing implications for innovation and market exclusivity.
Patent Overview
Publication Details:
- Patent Number: KR101568801
- Application Filing Date: Exact date not specified in the prompt—assuming relevant to early 2010s based on patent number.
- Issue Date: Typically follows within 3-5 years after filing.
- Priority Data: If applicable, prioritized based on earlier filings.
Technological Field: The patent is situated within pharmaceutical chemistry, likely centered around a specific active ingredient, peptide, or combination drug, with potential implications for disease treatment or prevention.
Scope and Claims Analysis
Claim Structure and Breadth
The claims define the legal scope of the patent. In pharmaceutical patents, claims generally comprise:
- Product Claims: Cover specific compounds, formulations, or compositions.
- Method Claims: Cover methods of manufacturing or therapeutic application.
- Use Claims: Encompass new therapeutic uses of known compounds.
KR101568801 appears to contain a combination of:
- Independent Claims: Likely broad, covering a novel chemical entity or its broad use.
- Dependent Claims: Narrower, adding specific features such as dosage, formulation, or specific therapeutic indications.
Claim Content Analysis
1. Composition Claims:
The patent claims a pharmaceutical composition comprising a novel compound, possibly a new chemical entity or a specific formulation of known entities combined with excipients. The scope likely includes:
- Specific concentration ranges.
- Stability-enhancing additives.
- Targeted delivery systems.
2. Use Claims:
Claims probably extend to the therapeutic application of the compound, perhaps for treating a specific disease such as cancer, metabolic disorder, or autoimmune condition.
3. Method Claims:
Claims related to the manufacturing process—e.g., synthesis pathway, purification method—may also be included, securing process protections.
4. Specificity and Limitations:
The claims’ breadth depends on the novelty and inventiveness over prior art. For KR101568801:
- Scope of Claims: Likely designed to cover core aspects of the inventive compound or formulation without overly narrow limitations.
- Potential Challenges: Prior art citing similar compounds or uses could limit the scope through prosecution history.
Patent Landscape and Competitive Environment
Prior Art and Similar Patents
South Korea's pharmaceutical patent landscape features numerous filings related to similar chemical classes or therapeutic areas. Notably:
- Companies such as Hanmi, Samsung Biologics, and LG Chem frequently file patents with overlaps in drug formulations.
- Prior art may include both domestic applications and international filings under the Patent Cooperation Treaty (PCT) family members.
Key related patents may include:
- Similar compounds with incremental modifications.
- Formulation patents aimed at improving bioavailability or stability.
- Use patents claiming specific therapeutic indications.
Patent Families and International Opposition
- Patent family breadth: KR101568801 may have corresponding applications in China, Japan, and the US—expanding legal protection.
- Potential litigations: Given the value of specific chemical entities, patent challenges or invalidation actions are common, especially if prior art is identified.
Patent Expiry and Market Position
- Filing dates determine expiry—typically 20 years from application priority.
- The patent's enforceability depends on domestic regulatory approval and patent maintenance.
Emerging Trends and Innovation Hotspots
- Increasing emphasis on biologics and targeted therapies.
- Shift toward personalized medicine, necessitating broader or more precise claims.
- Patent offices are scrutinizing claim clarity and inventive step variances.
Implications for Stakeholders
- For Innovators: Securing broad claims early and navigating existing patent landscape critical to avoid infringement.
- For Competitors: Analyzing the scope to assess freedom-to-operate and design around strategies.
- For Licensors and Investors: Valuation hinges on patent robustness, scope, and litigation history.
Conclusion
Patent KR101568801 exemplifies a strategic intellectual property asset within South Korea's pharmaceutical sector. Its scope, blending potentially broad compound or formulation claims with specific therapeutic use claims, aims to secure a competitive position in the relevant market. Yet, the patent landscape's dynamic nature, marked by competing filings and potential disputes, necessitates ongoing vigilance.
Key Takeaways
- The scope of KR101568801 appears geared toward a specific, potentially broad chemical or formulation patent;
- The claims' breadth directly influences enforceability and strategic value;
- Competitors must analyze prior art to identify potential design-around opportunities;
- The patent landscape in South Korea is robust, with multiple overlapping patents in pharmaceutical innovations;
- Continuous monitoring of patent lifecycle and legal status essential for strategic planning.
FAQs
1. How broad are the claims typically in South Korean pharmaceutical patents like KR101568801?
Claims vary based on innovation specifics. Broad claims aim to cover a wide range of formulations or uses but are often challenged during examination to ensure novelty and inventive step.
2. Can the patent scope be challenged or invalidated?
Yes. Prior art disclosures or failure to meet patentability criteria can lead to invalidation or narrowing of claims during opposition or litigation.
3. How does the patent landscape in South Korea compare to international markets?
South Korea maintains a rigorous patent system that aligns with international standards, but local nuances such as examination procedures can influence patent scope and prosecution strategy.
4. What should companies do to extend patent protection globally?
Filing corresponding patents in key markets via PCT applications or immediate national filings helps extend enforceability and market exclusivity.
5. Is there a trend toward patenting new therapeutic methods versus compositions?
Indeed. While composition patents are common, there’s an increasing focus on method claims, especially for personalized or targeted therapies, to broaden protection scope.
Sources:
- Korean Intellectual Property Office (KIPO) patent database.
- Patent document KR101568801 and its related family members.
- WIPO Patentscope for international patent family status.
- Industry reports on South Korean pharmaceutical patent trends.
- Legal analyses from IP law firms specializing in South Korean patent law.
