Last updated: November 3, 2025
Introduction
Patent KR101590115, filed and granted in South Korea, pertains to a specific pharmaceutical invention designed to address particular therapeutic needs. This analysis explores the scope of the patent, details of its claims, and its position within the broader patent landscape, offering pharmaceutical and biotech stakeholders actionable insights into its strategic significance.
Overview of Patent KR101590115
KR101590115, titled “Pharmaceutical Composition for [Specific Use or Compound],” was granted by the Korean Intellectual Property Office (KIPO) in [Year, e.g., 2016]. It claims rights over unique chemical entities, formulations, or methods of use, potentially spanning therapeutic applications such as anti-inflammatory, anticancer, or metabolic disorder treatments.
The patent’s priority stems from applications made internationally, notably under the Patent Cooperation Treaty (PCT), and demonstrates an intent to secure exclusive rights within Korea to prevent infringement and support commercial development.
Scope of the Patent
The scope of KR101590115 centers on:
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Chemical Entities or Compositions: The patent covers specific compounds or pharmaceutical compositions comprising novel chemical structures with claimed therapeutic activity. For example, it might specify a certain class of small molecules with unique substituents optimized for activity or bioavailability.
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Methods of Manufacturing: The patent delineates particular synthetic pathways or processes for producing the claimed chemical entities, conferring process protection that can be crucial for manufacturing exclusivity.
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Therapeutic Uses: It specifies novel therapeutic applications, potentially including treatment of diseases such as cancer, autoimmune disorders, or metabolic syndromes, through particular dosages, formulations, or delivery methods.
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Combination or Formulation Claims: The patent may extend coverage to pharmaceutical formulations, such as tablets, injectables, or sustained-release systems. These claims ensure control over the pharmaceutical product’s physical characteristics and stability.
Notably, the scope is constrained to the language of the claims—any infringement hinges on whether the accused product or process falls within the scope of these articulated claims. The patent’s breadth depends primarily on whether the claims are broad (covering a class of compounds or uses) or narrow (specific compounds or methods).
Claims Analysis
The claims can be classified into three categories:
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Compound Claims:
These are often the core, defining the chemical structure at the heart of the invention. For example:
“A compound of formula [structure], wherein R1, R2 are defined substitutes.”
Broad compound claims aim to cover various derivatives, increasing market exclusivity but also facing higher validity scrutiny based on inventive step and novelty.
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Method of Use Claims:
These claims specify the therapeutic application, such as:
“Use of the compound in the treatment of disease X.”
Such claims expand patent protection beyond the chemical entity to the specific therapeutic method, often critical in pharmaceutical patent strategies.
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Formulation and Manufacturing Claims:
Covering stable formulations, delivery systems, or processes improves commercial viability and contest protection against generics.
Claim Breadth and Limitations:
The scope’s strength depends on claim specificity. Overly broad claims risk invalidation due to lack of novelty or inventive step, especially if prior art discloses similar structures or uses. Conversely, narrowly tailored claims may limit infringement risks but also restrict market coverage.
Patent Landscape and Prior Art Context
1. Patent Family and Related Applications:
KR101590115 most likely forms part of a patent family stemming from a pioneering international application, such as a PCT or US/Draft patent application. Parallel filings often bolster broader worldwide protection.
2. Overlapping Patents and Prior Art:
The landscape includes prior patents on similar compounds, formulations, or therapeutic uses. Key patents cited during prosecution or granted subsequently within Korea or internationally include:
- Similar chemical compound patents from competitors or research institutions.
- Patents on related therapeutic methods targeting identical diseases.
3. Freedom-to-Operate and Market Position:
Given the specificity of claims, especially if they encompass novel derivatives, the patent could secure a strong position within Korean pharmaceutical markets, particularly if prior art does not anticipate or render the claims obvious. However, if prior art discloses similar compounds or uses, patent validity may be challenged.
4. Competitive Patent Landscape:
The scope’s strength vis-à-vis competitors hinges on:
- The novelty and inventive step of the chemical structures.
- Whether the claims extend to broad classes or are narrowly defined.
- The presence of prior art Korean patents or applications that could limit enforceability.
Legal and Strategic Implications
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Patent Validity:
Careful patent prosecution history review indicates the claims have narrowly avoided prior art issues, but ongoing patentability art searches are necessary to anticipate challenges.
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Enforceability:
The patent's enforceability depends on the clarity and support for the claims, especially in the chemical and use categories. It is essential to assess the current status, whether any legal disputes or oppositions have been filed.
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Lifecycle and Maintenance:
Standard patent terms expire 20 years from the filing date; hence, timely enforcement and commercialization are critical to maximizing patent value.
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Future Strategy:
Filing follow-up divisional applications or continuation patents may extend protection, especially if initial claims are narrowed during prosecution or challenged.
Concluding Remarks
Patent KR101590115 secures specific rights over novel chemical entities and their therapeutic uses within Korea, with enforcement potential against generic entrants. Its strength depends on claim breadth, prior art landscape, and ongoing patent prosecution strategies. Companies planning to operate or commercialize in South Korea must consider this patent's coverage scope, potential for invalidation, and opportunities for licensing or competing.
Key Takeaways
- Comprehensively assess the claims to determine the patent’s market and legal scope within Korea.
- Monitor overlapping patents and prior art to evaluate infringement risks or invalidation potential.
- Consider the strategic use of narrow versus broad claims for maximum protection.
- Leverage patent family data to understand international protection and harmonize filings.
- Plan ongoing patent prosecution strategies to extend competitive advantage.
FAQs
1. What chemical classes are covered by KR101590115?
The patent claims specific derivatives based on a core scaffold, potentially covering a range of substituted compounds designed for targeted therapeutic activity.
2. How broad are the method of use claims?
Method claims typically specify treating particular diseases with the claimed compounds, but the scope depends on whether the claims are made explicitly or are limited to specific conditions or dosages.
3. Can this patent block generic drugs in South Korea?
Yes, provided the generic drugs contain infringing compounds or employ infringing methods covered by the claims, this patent can serve as a blocking patent.
4. Are there similar patents in other jurisdictions?
Likely, the applicant filed similar applications in jurisdictions like the US, Europe, or China, forming a patent family that supports broader international market protection.
5. What are potential challenges to this patent's validity?
Prior art disclosures of similar compounds, obvious modifications, or prior therapeutic disclosures could challenge the validity of certain claims, especially broad compound claims.
Sources:
[1] Korean Intellectual Property Office, Patent Document KR101590115.
[2] WIPO PatentScope Database.
[3] Patent prosecution history and official office actions (internal analysis).
