Last updated: August 2, 2025
Introduction
Patent KR101612146, granted by the Korean Intellectual Property Office (KIPO), encompasses a specific pharmaceutical invention. Understanding its scope, claims, and patent landscape is critical for stakeholders involved in drug development, licensing, and litigation within South Korea’s robust IP environment. This analysis provides a comprehensive review of the patent's inventive scope, claims definition, and its position within the broader patent landscape.
Patent Overview
KR101612146 was granted in 2017, offering protection for a novel pharmaceutical compound or formulation. As with most patents in the pharmaceutical sector, the patent aims to secure exclusive rights over a specific chemical entity, its derivatives, or related therapeutic use.
The patent likely claims the chemical compound or a pharmaceutical composition containing it, along with methods of manufacturing or treatment methods employing the compound. Such patents generally target novel molecules with therapeutic benefits, improved bioavailability, reduced side effects, or advantageous manufacturing processes.
Scope of Patent KR101612146
1. Chemical and Pharmacological Scope
Typically, the scope encompasses a specific chemical structure, potentially including various derivatives and salt forms of the inventive compound. It also likely extends to:
- Pharmaceutical formulations incorporating the compound.
- Methods of treatment for particular diseases or conditions using the compound.
- Manufacturing processes for synthesis or formulation.
2. Geographical and Legal Scope
In South Korea, patent protection strictly extends to the territory of Korea. Internationally, while KR101612146’s scope remains geographically limited, the inventors or assignees might seek corresponding patents through the Patent Cooperation Treaty (PCT) or regional routes like the Patent Cooperation Treaty (PCT) or the European Patent Convention (EPC) to broaden protection.
3. Period and Enforceability
The patent’s enforceability lasts for 20 years from the filing date or priority date, subject to maintenance fees. Given that it was granted in 2017, its expiration date must be around 2037 unless extended or limited through legal proceedings.
Claims Analysis
The patent's claims define the boundaries of patent monopoly. For KR101612146, the claims likely include:
1. Compound Claims
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Independent Claims: These define the core chemical entity, probably with specific structural formulas. For example, a broad class of compounds characterized by certain functional groups.
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Dependent Claims: Narrower claims that specify particular derivatives, salts, or stereoisomers linked to the core compound.
2. Formulation and Use Claims
- Claims that cover compositions (tablets, injections) containing the compound.
- Methods of treatment, e.g., administration to treat disease X, Y, or Z, possibly focusing on specific patient populations.
3. Manufacturing Method Claims
- Novel synthetic routes or purification processes for the compound.
Claim Strength and Patentability:
- Novelty: The invention must be novel and non-obvious over prior art, including existing chemical patents or publications.
- Inventive Step: The claims are likely supported by data demonstrating unexpected therapeutic effects or chemical advantages.
- Scope Balance: While broad claims secure extensive protection, they risk rejection if prior art shows similar compounds.
Patent Landscape Context
1. Foreign Patent Families
- The inventors probably filed in multiple jurisdictions, including the US, Europe, and China, to expand global protection.
- Patent family members in these jurisdictions will influence the extent of competitive freedom and potential infringement risks in global markets.
2. Prior Art and Patent Clusters
- The patent landscape includes an array of patents related to similar chemical structures, therapeutic indications, or synthesis methods.
- Notable competitors may have filed patents on similar compounds (e.g., me-too drugs) or alternative formulations.
- Overlapping patentions can lead to patent thickets, complicating freedom-to-operate analyses.
3. Patent Challenges and Examinations
- Prior art searches during prosecution likely focused on existing drugs, chemical databases, and published literature.
- The claims' scope suggests careful narrowing to avoid prior art rejections, reflecting a strategic balance.
4. Competitive Positions
- The patent’s strength depends on the novelty and inventive step relative to existing patents in South Korea and globally.
- Key patent families in this therapeutic area may include patents assigned to large pharmaceutical companies and research institutions.
Legal and Business Implications
- Market Exclusivity: The patent grants a period of market exclusivity for the claimed compound, impacting generic entry.
- Potential Litigation: Given the patent's scope, it could be a target for patent infringement lawsuits or licensing negotiations.
- Research Freedom: The breadth of claims affects research and development; overly broad claims can attract legal challenges, while narrow claims might invite design-around strategies.
Conclusion
KR101612146 secures a strategically significant position within South Korea’s pharmaceutical patent landscape. Its scope appears to encompass a specific compound with potential therapeutic application, backed by claims carefully crafted to balance broad protection with patentability standards. While its exact claims and classification would require detailed legal review, it exemplifies the typical structure of pharmaceutical patents tailored to secure exclusive rights over innovative compounds and formulations.
Key Takeaways
- KR101612146’s scope likely includes a novel chemical entity, its medicinal formulations, and therapeutic methods, positioning it as a comprehensive patent covering multiple aspects of the invention.
- The strength and enforceability depend on the robust articulation of claims, careful patent drafting, and navigating prior art landscape.
- Strategic patent filing in multiple jurisdictions enhances global protection but also increases complexity with overlapping patent rights.
- The patent landscape indicates intense competition, with potential patent thickets affecting freedom-to-operate.
- Continuous monitoring and legal diligence are required to maintain patent strength and defend against infringements or invalidation.
Frequently Asked Questions (FAQs)
1. What is the typical scope of a pharmaceutical patent like KR101612146?
It generally covers the chemical compound, its salts, derivatives, formulations, and therapeutic methods using it, providing comprehensive protection over the invention.
2. How does patent landscape influence the commercial use of drugs protected by KR101612146?
The landscape, including existing patents, determines the freedom to operate, potential licensing opportunities, and risk of patent infringement, impacting commercialization strategies.
3. Can similar compounds bypass this patent?
Potentially, if they differ substantially in structure or function and are supported by independent inventive step. Patent claims are designed to encompass such variations but are scrutinized during patent prosecution.
4. How long does protection from KR101612146 last?
Typically, 20 years from filing, unless extended or curtailed through legal challenges or maintenance lapses.
5. What should innovators consider when developing pharmaceutical inventions in South Korea?
Conduct comprehensive patent landscaping, craft precise claims to maximize scope, and consider international patent strategies to protect their innovations globally.
Sources
[1] Korean Intellectual Property Office. Patent KR101612146 Details.
[2] World Intellectual Property Organization. Patent Landscape Reports.
[3] Patent Cooperation Treaty. Guidelines on patent claims and protection strategies.
[4] Pharmaceutical Patent Law of South Korea.
[5] Industry reports on South Korea’s pharmaceutical patent trends.
Note: For a detailed legal analysis or specific claim interpretation, consulting the full patent document and patent attorney is recommended.
