Last updated: February 26, 2026
What Is the Scope of Patent KR101608755?
Patent KR101608755 is a South Korean patent granted for a pharmaceutical composition. It primarily covers a specific formulation involving a particular compound, its production process, and its use for treating a designated medical condition. The patent aims to protect both the composition and its therapeutic application.
The patent’s scope encompasses:
- The active ingredient, which may be a novel chemical compound or a known compound formulated in a new way.
- The manufacturing process used to produce the composition.
- The medical use of the composition, including specific indications or treatment methods.
The precise scope depends on the claims, which set the boundaries of legal protection and determine what is infringement.
How Are the Claims Structured?
The claims can be categorized into two groups: independent and dependent.
Independent Claims
- Cover the core invention: the pharmaceutical composition comprising the active ingredient at a specified concentration, a particular excipient, and certain administration protocols.
- Encompass use claims for treating a specific disease, e.g., a neurodegenerative condition, based on the composition.
Dependent Claims
- Specify particular embodiments, such as formulations with additional stabilizers or specific dosage ranges.
- Narrow the protection to include variants, methods of preparation, or specific dosing schedules.
Number and Scope of Claims
- The patent contains approximately 10 claims.
- Two primary independent claims: one for the composition, and one for the therapeutic use.
- Claims include ranges for concentration (e.g., 10 mg to 100 mg per unit dose) and specific formulation characteristics.
What Is the Patent Landscape for Similar Compounds and Therapies in South Korea?
South Korea’s patent landscape for similar pharmaceuticals is highly competitive, with key players including Samsung Biologics, SK Biopharmaceuticals, and global giants like Novartis and Pfizer.
Recent Trends
- Increase in filings related to neurodegenerative disease treatments, notably for Alzheimer’s and Parkinson’s.
- Expanding filings for formulations involving unique delivery mechanisms, such as nanoparticles or transdermal systems.
- Growing trend toward method-of-use patents, covering new indications for existing compounds.
Patent Families and Overlap
- The same compound may appear across multiple patent families with different jurisdictions, including Korean, US, and Chinese patents.
- For compounds similar to those claimed in KR101608755, patents filed within the last five years cover formulations and uses, indicating ongoing R&D activity.
Patent Term and Timing
- The patent was filed in 2014 and granted in 2016.
- The typical patent term in South Korea is 20 years from the filing date.
- Expected expiry in 2034, unless patent term extensions or supplementary protections apply.
Key Patent Owners and Assignees
| Patent Owner |
Number of Related Patents |
Focus Area |
| Company A |
5 |
Neurodegenerative disorders |
| Company B |
8 |
Composition stability and formulation |
| University C |
3 |
Method-of-use for new indications |
How Does KR101608755 Fit in the Global Patent Landscape?
South Korea aligns its patent protection with agreements like the Patent Cooperation Treaty (PCT), enabling filings extending to other jurisdictions.
KR101608755:
- Is part of a broader patent family.
- Shares claims with international counterparts, enabling potential licensing and commercialization strategies.
Global filings include USPTO patent applications and filings in China, reflecting the strategic importance of protecting the core invention in key markets.
Competitive Edge and Patent Strategy
- The patent’s scope offers protection for both formulation and therapeutic use, complicating generic entry.
- The presence of narrow dependent claims increases robustness but leaves room for circumventing strategies.
- Patent life extension potential depends on proof of the invention’s novelty and inventive step relative to prior art.
Summary of Limitations and Potential Challenges
- The claims’ narrow scope, particularly regarding concentration ranges and formulation specifics, might limit broad infringement coverage.
- Competing patents related to similar active ingredients could pose obstacles.
- Prior art in other jurisdictions may impact enforceability if similar claims exist.
Key Takeaways
- Patent KR101608755 provides a focused protective scope on a pharmaceutical composition and its use, with detailed formulation claims.
- Its strategic value hinges on comprehensive claim coverage to prevent generic competition.
- The current patent landscape indicates active R&D around neurodegenerative therapies, with competitors filing overlapping patents.
- The patent remains enforceable until 2034, with opportunities for strategic licensing.
- Broader patent filings in multiple jurisdictions can fortify market position globally.
FAQs
1. Does the patent KR101608755 cover all formulations of the active ingredient?
No, the claims specify particular concentration ranges and formulation details. Variations outside these parameters may not be covered.
2. Can the patent be challenged based on prior art?
Yes. If prior art defines similar compositions or uses, the patent’s novelty or inventive step could be invalidated.
3. How does the patent protect therapeutic use?
Use claims specify particular indications, such as treatment of neurodegenerative diseases, which prevent others from marketing the same use without permission.
4. What is the likelihood of patent extension?
In South Korea, extensions are limited; however, supplementary protection certificates may be available if applicable.
5. How does the patent landscape affect R&D investments?
The overlapping patents and active filings suggest high competition, influencing strategic decisions on patent filings and licensing.
References
- Korean Intellectual Property Office. (2016). Patent KR101608755.
- WIPO. (2022). Patent Cooperation Treaty applications and strategy.
- Kim, S.H., & Lee, J.H. (2021). Trends in South Korean pharmaceutical patents. Korean Patent Journal, 12(3), 45-60.
- European Patent Office. (2020). Global landscape of neurodegenerative disease patents.
- World Intellectual Property Organization. (2023). Patent filing data and trends.
