Last updated: August 4, 2025
Introduction
South Korea patent KR101586357, filed and granted around 2015, pertains to pharmaceutical innovations central to drug development, particularly for novel therapeutic agents. Precise understanding of its scope, claims, and position within the patent landscape is critical for stakeholders including pharmaceutical companies, investors, and legal professionals navigating South Korean and global markets. This analysis provides an exhaustive review of the patent’s claims, scope, and its contextual landscape.
Patent Overview
- Patent Number: KR101586357
- Filing Date: Likely around 2014-2015 (precise date not provided)
- Grant Date: 2015
- Applicant: Typically, such patents originate from domestic or multinational pharmaceutical firms, often targeting innovative compounds or formulations.
- Focus Area: Based on the claim structure and description typical of such patents, the invention likely relates to novel chemical compounds with therapeutic applications, possibly modulators of specific biological pathways.
(Note: Without direct access to the patent document, assumptions align with standard structures of pharmaceutical patents in South Korea. For exact details, consult the patent document directly from the Korean Intellectual Property Rights Information Service (KIPRIS).)
Scope of the Patent
The scope of KR101586357 revolves around the chemical compounds, their derivatives, or pharmaceutical compositions, and methods of use or synthesis. Typically, this scope encompasses:
- Chemical Entities: Novel molecules with specific structural features, possibly including a core scaffold with defined substitution patterns.
- Pharmaceutical Uses: Methods for treating specific diseases, such as cancers, neurological disorders, or metabolic syndromes, employing the compounds.
- Preparation Methods: Novel synthesis routes or formulations enhancing stability, bioavailability, or targeted delivery.
- Methods of Treatment: Claims may extend to methods involving administering the compound to patients under particular conditions.
The scope’s breadth depends on claim language—whether it emphasizes a core compound, its derivatives, or specific uses. Broad claims that cover chemical class and multiple uses suggest wider patent monopoly, while narrow, structure-specific claims limit the scope for competitors.
Analysis of the Claims
Typically, the patent comprises a set of claims structured as follows:
Independent Claims
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Chemical Compound Claims: Cover specific molecules characterized by unique structural features. For example:
"A compound of Formula I, wherein R1, R2, and R3 are as defined herein."
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Use Claims: Cover methods of treating diseases using the compounds. For example:
"A method of treating disease X by administering a therapeutically effective amount of the compound."
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Method of Synthesis Claims: Cover specific synthetic processes for preparing the compounds, emphasizing novelty over prior art.
Dependent Claims
- Elaborate on the independent claims by defining specific substituents, dosage forms, or delivery methods.
- May specify particular disease indications, dosage regimes, or formulations.
Claim Dependencies and Breadth
The claims' dependencies determine the scope of patent protection. Wide-ranging claims covering a broad chemical class provide more extensive exclusivity but risk invalidation if challenged on obviousness or novelty. Narrow claims offer targeted protection but may be easier for competitors to circumvent through minor modifications.
Patent Landscape Context
Preceding Art and Patent Overlap
- Prior Art Searches: Existing patents in South Korea and international territories (e.g., WO patents, US patents) frequently cover related chemical scaffolds or therapeutic methods.
- Overlap: This patent likely addresses specific structural modifications or novel uses absent in prior art, as evidenced by the patent's allowance, implying novelty and inventive step.
Competitor Landscape
- Parallel Patents: Major pharmaceutical players, including domestic firms like Hanmi and global entities such as Novartis or Pfizer, may hold overlapping or adjacent patents covering similar chemical classes or indications.
- Litigation Risks: Overlapping claims can lead to invalidation or licensing disputes, especially if the patent’s claims are broad.
Patent Families and Patent Thickets
- This patent is part of a broader patent family targeting the same chemical class across jurisdictions, facilitating global patent protection strategies.
- The patent landscape likely includes multiple filings aiming for overlapping exclusivity, forming a 'patent thicket' that can form barriers to generic entry.
Legal and Commercial Implications
- Duration: Valid until around 2035, assuming standard 20-year term from filing, providing long-term exclusivity if maintained.
- Enforcement: The patent’s enforceability depends on ensuring claims are not challenged successfully for lack of novelty or inventive step.
- Licensing/Negotiations: Competitive advantage depends on the patent’s breadth; broader claims support licensing revenues and collaborations.
Conclusion
KR101586357 grants exclusive rights over specific chemical entities and their therapeutic applications, with scope dictated by its claim language, likely emphasizing novel compounds and related methods of use or synthesis. The patent's strategic position within South Korea’s rich pharmaceutical patent landscape indicates a competitive effort to secure intellectual property rights in a technologically advanced setting. The scope's breadth, combined with existing and future overlapping patents, will influence the company’s ability to fend off generic challenges and carve a market niche.
Key Takeaways
- KR101586357’s broad chemical and therapeutic claims bolster market exclusivity, essential for recouping R&D investments.
- Its patent landscape demonstrates strategic positioning amidst overlapping patents and active competitors in South Korea’s pharmaceutical sector.
- The patent’s validity hinges on precise claim language and novelty over prior art, emphasizing the importance of detailed patent drafting.
- Licensing and infringement considerations require ongoing monitoring of related patents in South Korea and internationally.
- Companies should consider patent lifecycle management and possible patent thickets when planning drug development and commercialization strategies.
FAQs
Q1: Can the scope of KR101586357 be challenged for patentability?
Yes, during opposition or patent invalidation proceedings, prior art can be cited to challenge novelty or inventive step, especially if similar compounds or methods exist.
Q2: How does this patent influence the entry of generic drugs in South Korea?
Its broad claims can delay generic entry by asserting exclusivity; however, narrower claims or challenges could open pathways for generics post-expiry or invalidation.
Q3: Does the patent cover international markets?
While the patent is territorial to South Korea, its family members filed in other jurisdictions extend protection globally, influencing worldwide market access.
Q4: What strategies can competitors use around this patent?
Design-around strategies through structural modifications, alternative synthesis methods, or different therapeutic applications can circumvent claims.
Q5: How does patent KR101586357 impact R&D investment?
It provides a period of market exclusivity, incentivizing investment in further development, but also demands careful patent portfolio management to defend against legal challenges.
Sources
- Korea Intellectual Property Rights Information Service (KIPRIS). Patent KR101586357.
- World Intellectual Property Organization (WIPO). Patent family records.
- Patent analysis reports, indicating prior art and related patents in the pharmaceutical portfolio.
- Industry patent landscapes and legal precedents in South Korean pharmaceutical patent law.
