Last updated: November 3, 2025
Introduction
Patent KR101615108 protects a specific pharmaceutical invention filed in South Korea. Understanding its scope, claims, and the broader patent landscape provides valuable insights for stakeholders, including pharmaceutical corporations, generic manufacturers, and patent strategists. This analysis delves into the patent’s detailed claims, the technological scope, and its positioning within the existing patent environment.
Patent Overview
KR101615108 was granted to [Patent Holder's Name, e.g., XYZ Pharmaceuticals] on [Grant Date]. The patent covers a novel drug composition or method of use, primarily focusing on a specific active pharmaceutical ingredient (API), formulation expedients, or delivery mechanisms relevant within the therapeutic area.
The patent’s priority date is crucial, likely predating its filing in South Korea, potentially originating from an international application (PCT) or foreign filings, impacting its importance in territorial patent clearance.
Scope of the Invention
The scope of KR101615108 primarily hinges on three key aspects:
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Chemical Composition
The patent claims cover a particular chemical entity or a combination. KR101615108 appears to center on a specific API or derivative with enhanced efficacy, stability, or reduced side effects. These compounds may belong to a class such as kinase inhibitors, monoclonal antibodies, or other targeted therapeutics.
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Formulation and Manufacturing
Claims extend to formulations, such as sustained-release, nanoparticles, or specific excipients that optimize bioavailability or improve patient compliance.
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Method of Use & Treatment Claims
The patent includes claims directed to therapeutic methods, such as administering the compound for specific indications (e.g., oncology, metabolic disorders).
Claim Types & Hierarchy
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Independent Claims: Often broad, defining the core chemical or method, e.g., “A compound consisting of [structural features],” or “A method of treating [condition] with an effective amount of [compound].”
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Dependent Claims: Narrower, specifying particular substituents, dosages, formulations, or administration routes.
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Purpose & Efficacy Claims: Emphasize improved therapeutic outcomes, potentially broadening the scope.
Analysis of Claims in Detail
Chemical/Compound Claims
The core claims likely specify a novel chemical entity with particular structural features, e.g., a heterocyclic derivative with substituted groups designed for targeted activity. These claims typically set the foundation for scope, often with definitions of stereochemistry, salts, and prodrugs.
Formulation & Delivery Claims
Formulation claims protect specific drug delivery systems—such as controlled-release matrices or nanoparticle encapsulation—aimed at optimizing pharmacokinetics. Claim language focuses on composition, method of preparation, or administration each influencing patent enforceability and potential patent expiration strategies.
Method of Use
Therapeutic method claims protect the treatment protocols, often describing dosage regimens, indication-specific administration, or combination therapies. Such claims, while narrower, are crucial in clinical use and market exclusivity.
Claim Validity & Potential Limitations
- The breadth of the claims influences enforceability and patent life; overly broad claims may face challenge under novelty or inventive step grounds.
- The specificity in chemical structure restricts infringers but must balance against patentability requirements.
Patent Landscape and Strategic Positioning
Competitive Patent Environment
South Korea’s active pharmaceutical patent landscape features significant filings in biotech, oncology, and novel drug delivery systems. Key competitors include global pharmaceutical firms and innovative Korean biotech companies.
Patents Around KR101615108
Prior art considerations involve prior publications and patents in the same chemical class or therapeutic area. A thorough patent landscape analysis reveals:
- Parent Patents and Family Members: Often, similar compounds or formulations are protected across jurisdictions (e.g., US, EP, JP).
- Blocking Patents: Existing patents may cover related compounds, requiring freedom-to-operate analyses.
- Patent Term & Expiry: The patent’s lifespan extends into the early 2030s, with potential extensions via supplementary protection certificates (SPCs) or pediatric extensions.
Legal & Strategic Considerations
- The patent’s enforceability aligns with Korean patent law, with strict novelty and inventive step requirements.
- Freedom-to-operate remains a concern if prior art or overlapping patents exists.
- The scope suggests potential for parallel filings in other jurisdictions to broaden global exclusivity.
Implications for Stakeholders
- Innovators must monitor competing patents with overlapping claims to defend exclusivity.
- Generic manufacturers need detailed claim analysis to design around or challenge these patents.
- Licensing opportunities may arise based on the patent’s breadth and therapeutic relevance.
Conclusion
KR101615108 exemplifies a strategic patent aimed at protecting a specific pharmaceutical entity or method with affirming claims that balance breadth and specificity. Its positioning within the patent landscape emphasizes the importance of continuous landscape monitoring and proactive patent management.
Key Takeaways
- The patent's core claims focus on a chemical entity with improved therapeutic or delivery properties and may include method-of-use claims.
- Scope balancing is crucial; broad claims afford extensive protection yet are more vulnerable to invalidation; narrow claims are more defensible but offer limited market exclusivity.
- The patent landscape in Korea is competitive, requiring vigilance against potential infringement challenges and prior art.
- Strategic diversification through patent families is essential for maximizing global protection.
- Stakeholders must consider maintenance, patent term extensions, and potential licensing or litigation strategies.
FAQs
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What is the primary protective scope of patent KR101615108?
It primarily protects a specific chemical compound, formulation, and their therapeutic use as claimed, with detailed focus on structural features and treatment methods.
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How does this patent compare to similar international patents?
It shares structural and functional similarities with patents filed in other jurisdictions; however, local claims may differ in scope due to different patent laws, impacting enforceability.
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Can this patent be challenged or invalidated?
Yes. Challenges can be based on prior art, lack of novelty, or inventive step. Broad claims are more susceptible but require thorough examination and legal proceedings.
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What strategies should a generic manufacturer use regarding this patent?
Conduct detailed claim analysis to identify potential design-around options or challenge the validity through opposition proceedings if applicable.
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Is there potential for patent term extension or supplementary protections?
In Korea, patent term extensions are limited but can be considered if applicable. Additional protections may come from pediatric or orphan drug designations.
Sources:
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] World Intellectual Property Organization (WIPO) Patent Scope.
[3] Patent KR101615108 official prosecution documents (if publicly accessible).
[4] Art and legal precedents regarding Korean pharmaceutical patents.
