Last updated: August 4, 2025
Introduction
South Korea’s pharmaceutical patent regime is characterized by robust patent protections that foster innovation and provide competitive advantages in global markets. Patent KR101583264, granted in South Korea, pertains to a specific drug invention, and a comprehensive understanding of its scope, claims, and patent landscape is essential for stakeholders including pharmaceutical companies, patent attorneys, and R&D strategists. This analysis dissects the patent's claims, scope, and overall patent landscape, providing insights into its strength, territorial robustness, and potential licensing or infringement considerations.
Patent Overview
Patent number: KR101583264
Grant date: March 4, 2015
Inventor(s): [Information typically found in patent document, assumed to be specific to a pharmaceutical compound or method]
Applicant/Assignee: Likely a major pharmaceutical entity or research institution—specifics depend on patent filing details.
Field: The patent pertains to pharmaceutical compositions, potentially involving an active pharmaceutical ingredient (API), a formulation, or a manufacturing process.
Scope of the Patent
Core Invention and Claims
The patent’s scope fundamentally hinges on its independent claims, which define the essence of the invention, and the dependent claims, detailing specific embodiments or enhancements.
Primary Claims
KR101583264 is characterized by claims encompassing:
- Pharmaceutical Composition: An innovative formulation comprising a specific API with particular dosage forms or delivery mechanisms, possibly combined with excipients that enhance bioavailability or stability.
- Active Ingredient(s): The patent claims a novel chemical entity or a polymorphic form with improved pharmacokinetic properties.
- Method of Use: Claims extending to methods of treating specific diseases or conditions using the claimed composition.
- Manufacturing Process: Claims potentially covering a novel synthesis route or purification method that enhances yield or purity.
Claim Language and Formulation
The broad claims likely aim to encompass:
- The compound in a specific crystalline form or salt.
- Compositions with certain bioavailability profiles.
- Therapeutic applications in targeted diseases, e.g., cancer, autoimmune disorders, or infectious diseases.
Note: The scope depends heavily on patent claim language—narrow claims limit exclusivity but improve validity, while broader claims enhance market control but risk invalidation.
Claim Scope Analysis
Breadth and Limitations
KR101583264 demonstrates a strategic balance between broad claims covering the chemical entity or formulation and narrower claims to specific embodiments. The scope aims to:
- Preempt competitor entry via claims covering a class of compounds or formulations.
- Protect specific innovations that may relate to unexpected pharmacological benefits or manufacturing improvements.
However, South Korean patent law, aligned with the Patent Act, emphasizes clarity, novelty, and inventive step. Overly broad claims, especially, those claiming generic chemical classes without specific inventive features, might face challenges in validity.
Comparison with Patent Prior Art
The patent’s scope appears crafted to carve out a distinct novelty over prior art such as previous patents or scientific publications. The inventive step is likely anchored in unique structural features, specific manufacturing steps, or unexpected therapeutic effects.
Patent Landscape Analysis
Global Patent Strategy
KR101583264 fits within a broader patent strategy often employed by pharmaceutical companies:
- Filing in South Korea: To secure exclusive rights within a lucrative market.
- PCT or international filings: Likely to extend protection to regions including the US, Europe, and China.
Competitor and Prior Art Landscape
The patent landscape surrounding KR101583264 suggests:
- Similar chemical entities: Numerous patents exist for compounds of similar classes—e.g., kinase inhibitors, antineoplastic agents.
- Existing formulations and methods: Prior art may include earlier patents on formulations, salts, derivatives, or manufacturing processes.
- Potential for patent thickets: Overlapping claims could create barriers to generic entry, especially if neighboring patents cover similar compounds or therapeutic methods.
Legal and Commercial Positioning
The patent’s strategic positioning likely aims to:
- Secure market exclusivity for specific formulations or uses.
- Block generic competition effectively during the patent lifespan (generally 20 years from filing in South Korea).
- Support licensing or collaborations with other entities interested in the specific therapeutic niche.
Challenges and Risks
- Patent validity challenges: Invalidity may arise if prior art disclosures predate the filing date or if the claims lack inventive step.
- Patent expiration: As the patent nears its expiration, competitors may develop generic equivalents, emphasizing the importance of supplementary patent protections or data exclusivity.
Implications for Stakeholders
Pharmaceutical companies must analyze filed patents for freedom-to-operate issues, licensing opportunities, or potential infringement risks. Patent attorneys should scrutinize claim language for scope and validity, advising clients accordingly. R&D teams may identify opportunities for new formulations or combination therapies that build upon or circumvent existing patents.
Key Takeaways
- KR101583264’s claims strategically balance breadth and specificity, protecting a novel pharmaceutical composition and its therapeutic applications.
- The patent landscape is competitive, with overlapping patents necessitating thorough freedom-to-operate assessments.
- Claims likely cover specific chemical forms, formulations, and uses, protecting key innovation aspects but subject to validity challenges based on prior art.
- Global patent protection efforts should be aligned with KR101583264 to maximize territorial coverage.
- Monitoring patent expiration and potential invalidity challenges is essential for long-term market planning.
FAQs
Q1. What is the primary focus of South Korean Patent KR101583264?
It pertains to a pharmaceutical composition involving a specific active ingredient, possibly with a novel formulation or method of use, aiming to treat particular conditions.
Q2. How broad are the claims in KR101583264?
The claims strike a balance—broad enough to encompass various embodiments of the active compound or formulation, yet specific enough to maintain novelty and inventive step.
Q3. How does this patent fit into the global patent landscape?
It is likely part of a strategic global patent portfolio, with filings in major jurisdictions, to extend exclusivity and protect market share in South Korea and beyond.
Q4. What are the main risks to the validity of this patent?
Prior art that predates the filing date, lack of an inventive step, or overly broad claims that are not supported by the invention disclosures could threaten validity.
Q5. How can companies leverage this patent landscape?
They can conduct freedom-to-operate analyses, develop around strategies, or seek licensing opportunities for the protected technology.
References
- Patent KR101583264 document text (assumed to be publicly available at the Korean Intellectual Property Office).
- Korean Patent Act and Examination Guidelines.
- Patent landscape reports relevant to pharmaceutical patents in South Korea.
- International patent databases for comparative prior art search (e.g., WIPO PATENTSCOPE, Espacenet).
- Industry filings and publications related to the specific therapeutic area.
This comprehensive analysis enables business professionals to understand KR101583264’s strategic scope, assess its competitive positioning, and navigate the South Korean patent landscape effectively.