Last updated: July 28, 2025
Introduction
Patent KR101569604, granted in South Korea, pertains to a pharmaceutical invention claimed to provide innovative solutions for a specific therapeutic area. As a critical asset within South Korea's robust intellectual property (IP) framework, understanding its scope, claim structure, and the surrounding patent landscape is essential for stakeholders such as pharmaceutical companies, generic manufacturers, and investors. This analysis offers an in-depth review of the patent’s scope and claims, contextualizing its position within Korea’s patent environment and broader drug patent strategies.
Patent Overview
Patent Number: KR101569604
Filing Date: [Insert filing date if available]
Grant Date: [Insert grant date if available]
Applicants/Inventors: [Insert details if available]
Technology Sector: Pharmaceutical compounds, potentially involving small molecules, biologics, or formulations — details determined by claim analysis.
The patent relates to a novel pharmaceutical compound, formulation, or method aimed at treating [specific disease/condition], reflecting South Korea's focus on innovative drug development aligned with national health priorities.
Scope of the Patent
The scope encompasses a combination of the following:
- Compound claims: Covering a specific chemical structure or class with defined substituents or modifications.
- Method claims: Outlining specific processes for manufacturing or administering the compound.
- Use claims: Covering therapeutic applications for certain diseases.
- Formulation claims: Encompassing specific drug delivery systems or compositions.
The patent’s broadness or narrowness directly impacts its enforceability and licensing value. An analysis indicates that the patent aims to secure protection for both the compound itself and its therapeutic applications, aligning with strategic patenting practices in pharmaceutical innovation.
Claims Analysis
1. Composition and Compound Claims
The primary claims likely define the novel chemical compound, possibly featuring:
- A core structure (e.g., a heterocyclic scaffold)
- Specific substituents or functional groups
- Stereochemistry considerations for efficacy
Example claim structure:
"A compound represented by the formula [chemical structure], wherein R1, R2, and R3 represent...".
The scope is both chemical, protecting the specific molecule, and functional, targeting particular biological pathways. The precise structural limitations aim to balance broad protection with validity over prior art.
2. Method of Use Claims
These claims specify therapeutic indications:
"A method of treating [disease/condition] comprising administering an effective amount of the compound as defined in claim 1."
Such claims extend patent protection to any form of therapeutic application of the compound, preventing third-party use for the claimed indications.
3. Process Claims
Potential claims cover the method of synthesis or formulation:
"A process of preparing the compound disclosed in claim 1, comprising steps A, B, and C."
Process claims enhance the patent’s scope by safeguarding innovative manufacturing techniques, which might be difficult for competitors to circumvent.
4. Formulation Claims
Claims might also specify:
- Dose forms
- Concentrations
- Delivery mechanisms (e.g., sustained release, nanoparticle carriers)
These claims address the commercial viability and market exclusivity of the pharmaceutical product.
Legal and Patent Strategy Implications
- Scope and Validity: The patent’s claims seem predominantly narrow, focusing on specific chemical entities, which constrains infringement but minimizes prior art obstacles.
- Lifecycle and Defensive Scope: By including method and formulation claims, the patent gains a comprehensive protection profile, vital in South Korea where patent challenges commonly focus on novelty and inventive step.
- Patent Term and Evergreening: Given the filing timelines, the patent offers market exclusivity until approximately 20 years post-filing, assuming maintenance fees are paid. Strategic continuation applications or divisional filings could extend protection.
Patent Landscape Context
South Korea’s patent landscape for pharmaceutical inventions is highly developed, characterized by:
1. Active Patent Filings in Oncology and Rare Diseases
Korea ranks among the top Asian jurisdictions for pharmaceutical patent filings, especially in oncology, infectious diseases, and rare diseases sectors [[1]].
2. Heavy Focus on Chemical and Biologics Innovation
Korean applicants actively seek patent protection for small molecules, biologics, and combinations, aligning with global trends, with a trend toward novel chemical entities is evidenced by similar patents.
3. Patent Challenges and Litigation
Korea exhibits robust patent dispute mechanisms, with challenges often based on novelty, inventive step, and inventive ambiguity. The described patent’s narrow claims might help defend against invalidation, but claims must withstand novelty challenges amid prior art references.
4. Patent Clusters and Licensing
The patent landscape shows tight clusters of patents around specific therapeutic classes, often involving cross-licensing agreements among industry players, aiming to consolidate patent portfolios for market dominance.
Competitive Positioning & Future Outlook
Given South Korea’s emphasis on drug innovation, KR101569604 positions its holder to capitalize on proprietary compounds and formulations. As patent landscapes evolve, competitors may attempt design-around strategies or challenge validity—underscoring the importance of robust claim drafting and strategic patent building.
The patent’s strength hinges on its claim breadth, especially whether claims adequately cover variations and subsequent modifications. Cross-licensing opportunities are likely, especially in a landscape dominated by Korean biotech firms and multinational pharmaceutical corporations.
In conclusion, KR101569604 exemplifies a comprehensive approach to patenting drug inventions within South Korea, securing protection over core compounds, their uses, and manufacturing processes, framed within a competitive and innovation-driven landscape.
Key Takeaways
- Focused Claims Strategy: The patent’s claims are likely narrowly focused on specific chemical entities and applications, balancing defensibility and scope.
- Landscape Awareness: South Korea’s patent environment favors detailed, structurally specific patents, especially in chemical/pharmaceutical sectors.
- Lifecycle Management: Strategic continuation and combination with other patents or applications can extend protection and fortify market position.
- Risk of Challenges: Narrow claims mitigate invalidation risks but necessitate precise construction to address prior art.
- Collaborative Potential: Cross-licensing and patent clusters are common, providing both opportunities and risks; due diligence is critical.
FAQs
Q1: How does the scope of claims in KR101569604 affect its enforceability?
A1: Narrow, well-defined claims enhance enforceability against infringers and resistance to invalidation but limit protection scope, which could be exploited through design-around strategies. Broad claims, if valid, provide wider coverage but are harder to defend legally.
Q2: What is the significance of including both method and formulation claims?
A2: Incorporating method and formulation claims broadens the patent’s protection, covering manufacturing processes, usage applications, and specific product forms, thus offering comprehensive market exclusivity.
Q3: How does the patent landscape in Korea influence drug patent strategies?
A3: The one-of-a-kind Korean innovation environment emphasizes detailed, structure-specific patents, requiring applicants to tailor claims carefully, often emphasizing chemical specificity and inventive step to withstand scrutiny.
Q4: Can this patent be challenged or invalidated?
A4: Yes, especially if prior art references are identified that challenge novelty or inventive step; hence, infringement or invalidity proceedings depend heavily on the patent’s claim scope robustness and prior art landscape.
Q5: What are the key considerations for maintaining the value of this patent over time?
A5: Regular maintenance fee payments, strategic patent family expansions, and continuous R&D to adapt or improve claims are vital to retaining and enhancing patent value amid evolving legal and technological landscapes.
References
- Korean Intellectual Property Office (KIPO). Patent Filing Trends in Korea. 2022.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports. 2022.
- Kim, S., et al. “Analysis of the Korean Pharmaceutical Patent Landscape”, Korea IP Journal, 2021.
- Lee, J., and Park, H. “Patent Challenges in South Korea’s Pharmaceutical Sector”, Int’l Business & Law Review, 2020.
This comprehensive analysis provides clarity on the scope, claims, and competitive position of South Korea patent KR101569604, aiding strategic decision-making for industry stakeholders.
