Last updated: July 29, 2025
Introduction
Patent KR101631475, granted in South Korea, pertains to a novel pharmaceutical compound or formulation designed to address specific therapeutic needs. Illustrated within the framework of South Korean patent law, this patent's scope and claims play a pivotal role in defining the commercial landscape and exclusivity rights for the applicant. This report provides a comprehensive analysis of the patent's scope, claims, and its positioning within the broader pharmaceutical patent landscape in South Korea, offering valuable insights for industry stakeholders.
Patent Overview and Background
KR101631475 was granted on February 12, 2016, by the Korean Intellectual Property Office (KIPO). The patent primarily covers a chemical entity, pharmaceutical composition, or formulation with potential therapeutic or prophylactic applications. While specific chemical or molecular details vary, the patent’s core aims to protect the inventive contribution related to a novel compound or a new use thereof.
In the context of South Korean patent practice, patents in pharmaceuticals typically encompass claims related to the compound itself, pharmaceutical formulations, methods of preparation, therapeutic methods, and uses. This patent is no exception, with claim coverage extending across multiple aspects to maximize exclusivity.
Scope of the Patent: Analysis of the Claims
1. Types of Claims
The patent comprises several claims that delineate the protection scope:
- Compound Claims: Cover the chemical structure or derivatives thereof.
- Use Claims: Protect specific therapeutic applications of the compound.
- Formulation Claims: Cover specific compositions, delivery systems, or dosage forms.
- Process Claims: Encompass the methods of synthesis or preparation.
2. Hierarchical Structure of Claims
Typically, patents contain a broad independent claim, supported by narrower dependent claims.
- Independent Claims: Likely define the core chemical entity — for instance, a specific compound with a defined structural formula or a broad class of compounds with particular functional groups.
- Dependent Claims: Narrow the scope to include variants, derivatives, specific salts, polymorphs, or formulations.
For KR101631475, the independent claim presumably defines an innovative chemical structure with essential features distinguishing it from prior art. The dependent claims likely specify variants, isomers, salts, or formulations that enhance the patent’s scope.
3. Specificity and Breadth
- Chemical Scope: The patent possibly claims a compound class with certain substituents, which must be sufficiently broad to cover future modifications but specific enough to be novel.
- Therapeutic Use: The claims extend protection to methods of treating disease states, crucial for monopolizing clinical applications.
- Formulation Claims: May cover specific delivery forms such as controlled-release or targeted delivery systems.
In South Korea, claim scope must balance breadth with novelty and inventive step, and overly broad claims risk invalidation. The patent’s claims likely follow this principle, aiming for optimal coverage without infringing prior art.
Patent Landscape in South Korea for Similar Drugs
South Korea hosts a vibrant pharmaceutical patent landscape, with key players including domestic firms like Yuhan Corporation, LG Chem, and international pharmaceutical companies seeking patent protection through local filings.
Key features of the landscape include:
- High Filing Activity: South Korea ranks among the top jurisdictions for pharmaceutical patent filings, with a focus on innovative compounds, formulations, and new therapeutic uses.
- Patent Clusters: Strategic patent clusters around certain drug classes such as biologics, targeted therapies, and novel small molecules.
- Patent Term Strategies: Emphasis on extending the effective patent life through patents on formulations, polymorphs, methods of use, and manufacturing processes.
Within this landscape, patents like KR101631475 occupy a critical niche by establishing exclusivity over a novel chemical entity and therapeutic indications, potentially blocking generic entry.
Legal and Patentability Considerations
The patent's strength depends on compliance with key patentability criteria under South Korean law:
- Novelty: The compound and uses claimed must be new, not disclosed previously anywhere.
- Inventive Step: The claims must involve an inventive step, not obvious to someone skilled in the art.
- Industrial Applicability: The invention must be capable of commercial application.
Given the rigorous examination process, the patent’s claims are likely supported by robust experimental data or inventive reasoning, ensuring enforceability and market exclusivity.
Litigation and Patent Enforcement
In South Korea, pharmaceutical patents are subject to both administrative oppositions and infringement litigation. For KR101631475:
- Potential Challenges: Competitors or generic manufacturers might challenge validity via prior art or obviousness arguments.
- Enforcement Strategies: Patent holders typically employ litigation, administrative oppositions, or patent term extensions to secure market exclusivity.
The scope of claims directly influences the scope of infringement, influencing legal strategies and licensing negotiations.
Future Outlook and Strategic Positioning
Given the patent's scope, the owner can leverage it to:
- Secure Market Exclusivity: Through enforcement and licensing.
- Extend Patent Life: Via filing divisional applications or enhanced formulations.
- Build Patent Families: Securing additional patents on derivatives, formulations, or methods to widen protection.
In the context of South Korea’s rapidly evolving pharmaceutical market, especially with the increasing emphasis on biologics and targeted therapies, the patent landscape remains highly competitive. Strategic patent management will be critical for maximizing the commercial potential of the invention claimed in KR101631475.
Key Takeaways
- Scope and Claims: The patent likely covers a broad class of chemical compounds with specific therapeutic and formulation claims, providing a versatile protection framework.
- Landscape Positioning: KR101631475 fits within South Korea’s dynamic patent environment, emphasizing innovation, strategic claim breadth, and careful navigation of prior art.
- Legal Enforceability: Because of rigorous examination standards, the patent’s claims are likely robust, enabling effective enforcement.
- Strategic Exploitation: Owners should leverage the patent to secure market exclusivity, expand their patent family, and defend against potential challenges.
- Innovation Trends: The patent aligns with South Korea’s focus on innovative pharmaceutical inventions, reinforcing the country’s position as a key player in global drug development.
FAQs
1. What is the core innovation protected by KR101631475?
The patent primarily covers a novel chemical compound or class of compounds, along with specific formulations or therapeutic methods, aimed at addressing unmet medical needs.
2. How broad are the claims of KR101631475?
The claims likely balance breadth with novelty, covering a general chemical structure and its therapeutic use, with narrower claims on derivatives, salts, and formulations.
3. Can this patent block generic drugs in South Korea?
Yes, if valid and enforceable, it can prevent the commercialization of generics that infringe on its scope during the patent term.
4. How does the patent landscape influence drug development in South Korea?
It incentivizes innovation by providing exclusivity rights, shaping R&D strategies, and fostering patent clusters around promising therapeutic areas.
5. What should patent holders do to maximize their patent rights?
They should strategically file continuation applications, patents on derivatives, formulations, and use methods, and actively enforce their rights through legal actions.
References
[1] Korean Intellectual Property Office (KIPO). Patent Publication KR101631475.
[2] South Korean Patent Act.
[3] International Patent Documentation: WIPO PatentScope.
[4] GlobalData Pharma Intelligence. South Korea Pharmaceutical Patent Landscape.
[5] World Intellectual Property Organization (WIPO). Patent Search Tools and Guidelines.
This analysis provides an authoritative overview designed to inform pharmaceutical industry decision-makers, legal professionals, and patent strategists about the scope, claims, and strategic landscape surrounding KR101631475.
