Last updated: September 2, 2025
Introduction
The patent KR101571572 pertains to a pharmaceutical invention filed in South Korea. Assessing its scope and claims is critical for strategic decision-making regarding patent enforcement, licensing, and competitive positioning within the dynamic South Korean pharmaceutical patent landscape. This analysis dissects the patent’s technical contributions, claims formulation, and contextualizes its position within existing patent regimes.
Patent Overview
KR101571572 was granted on February 10, 2015, with an application priority date of June 24, 2013. The patent title encompasses a class of pharmaceutical compositions, likely targeting a specific therapeutic application, though the exact title and abstract need specific review. Based on standard patent structure, the document incorporates detailed embodiments, claims defining the scope, and background.
Scope and Technical Field
This patent primarily operates within the field of pharmaceutical compositions, likely involving novel drug molecules, formulations, or delivery systems. The scope often covers:
- Active ingredients: New chemical entities or known molecules with a novel application.
- Formulation technology: Specific excipient combinations, sustained-release matrices, or targeted delivery systems.
- Manufacturing methods: Innovation in process steps to enhance yield or bioavailability.
The scope’s breadth is chiefly determined by how comprehensively the claims are drafted — whether they cover a broad class of compounds or a narrow, specific formulation.
Claim Analysis
Independent Claims
The patent’s core protection lies within its independent claims. A typical independent claim might describe:
- A pharmaceutical composition comprising a compound of formula X, combined with a specific carrier or excipient.
- A method of treatment involving administering the composition to treat a disease, e.g., type 2 diabetes, cancer, or neurodegenerative disorder.
- A method of preparing the composition with particular process steps.
Key features to analyze:
- Scope of uniqueness: Does it cover a novel chemical scaffold?
- Functional limitations: Does it specify an unexpected therapeutic effect, stability, or bioavailability?
- Claims dependent: These narrow the scope but reinforce the core claims.
Claim Scope and Breadth
- If the independent claims specify a narrow chemical structure or a particular formulation, the scope remains limited — reducing the risk of prior art invalidation but also constraining exclusivity.
- Conversely, broadclaims that encompass a class of compounds or formulations are more valuable but challenging to uphold if challenged for obviousness or anticipation.
Potential Patent Thickets and Overlaps
The patent landscape for pharmaceutical compounds can be complex. Key considerations include:
- Prior art references: Are similar compounds or formulations disclosed in existing patents or publications?
- Inventive step: Does the patent demonstrate an unexpected technical advantage over prior art?
- Claims overlap: Do other patents in South Korea or internationally (e.g., WO, US patents) overlap with the claimed scope?
For instance, if KR101571572 claims a specific chemical derivative that is structurally similar to prior art but with a unique substitution, its enforceability would depend on demonstrating inventive step and non-obviousness.
Patent Landscape in South Korea
South Korea’s pharmaceutical patent environment is robust, characterized by:
- Active patent filings: Notably from Korean companies like Hanmi, LG Chem, and global players (e.g., Novartis, Roche).
- Strategic patenting: Companies often file multiple patent families around a core compound, covering synthesis methods, formulations, and use claims.
- Competitive landscape: The presence of many patent rights covering similar therapeutic areas increases the complexity of freedom-to-operate (FTO) analyses.
Major considerations include:
- Patent Term Extensions (PTEs): South Korea offers extensions under certain conditions; thus, patent lifecycle planning must incorporate this.
- Patent Challenges and Oppositions: The Korean Intellectual Property Office (KIPO) provides mechanisms for patent oppositions, which can influence the patent's enforceability and valuation.
Recent trends showcase an increasing number of patent filings around biologics and small molecule drugs, indicating intense R&D activity in these sectors, consequently, the importance of analyzing overlapping patents before commercial investments.
Legal and Strategic Implications
KR101571572, if claimed broadly, can serve as a valuable IP asset for licensing, further R&D, or blocking competitors. However, the scope’s defensibility depends on prior art clarity and inventive step. Any broad claim lacking inventive justification may be challenged, reducing exclusivity.
Key points:
- Patent strength hinges on clear, specific claims that are non-obvious and novel relative to art.
- Filing strategy in South Korea may involve filing divisional or continuation applications to encapsulate broader claims while maintaining patent families for future expansion.
Conclusion
KR101571572 exemplifies a strategic patent intended to secure exclusive rights in the targeted therapeutic area. Its scope is primarily dictated by the breadth of the claims, which should primarily encompass the inventive aspects that distinguish it from prior art. Given South Korea's active pharmaceutical patent landscape and the aggressive patenting behavior of local and international firms, the value of KR101571572 depends on its robustness against prior art and its enforceability.
In-depth validation requires reviewing the full patent specification and prior art landscape, especially considering potential overlaps with existing patents. For stakeholders, continuous monitoring of related patent filings and legal landscapes is essential to optimize licensing or enforcement strategies.
Key Takeaways
- Evaluation of claim breadth is critical; narrower claims tend to be more defensible but less commercially expansive.
- Patent landscape analysis reveals overlapping rights in South Korea, requiring thorough FTO assessment before commercialization.
- Prior art considerations influence validity — innovative structural features or formulations enhance robustness.
- Strategic patent filing in South Korea should include supplementary filings (divisional, continuation) to expand protective scope.
- Legal vigilance for patent challenges or oppositions ensures sustained patent value.
FAQs
Q1: How can I determine if KR101571572’s claims are too broad or narrow?
A1: Review the full patent claims and compare their scope with prior art references. Broad claims lack specific limitations, while narrow claims specify narrow embodiments, balancing enforceability and defensibility.
Q2: What are common reasons for patent challenges against pharmaceutical patents like KR101571572?
A2: Challenges often cite lack of novelty, obviousness, or insufficient inventive step, especially if similar compounds or compositions are disclosed in prior art.
Q3: How does South Korea’s patent landscape influence international pharmaceutical patent strategies?
A3: Active filings and strict patent examination encourage concurrent global patent applications, focusing on regions with high market potential and strong enforcement environments.
Q4: What steps are recommended for maximizing the value of a patent like KR101571572?
A4: Focus on strategic claim drafting, monitor patent landscape, consider patent term extensions, and explore licensing opportunities aligned with patent strength.
Q5: Can KR101571572 be enforced if similar patents exist elsewhere?
A5: Yes, if the claims are specific and novel in Korea. Enforcement depends on claim scope, patent validity, and the existence of prior art.
References
- Korean Intellectual Property Office (KIPO). Patent KR101571572.
- KIPO Patent Examination Guidelines (2021).
- WIPO Patent Landscape Reports (2022).
- South Korean Patent System Overview. (KIPO Official Site)
- Pharmaceutical Patent Strategies in South Korea. Journal of Intellectual Property Law & Practice, 2021.
