Last updated: August 12, 2025
Introduction
Patent KR101655754, issued in South Korea, pertains to an innovative pharmaceutical formulation or method. To inform strategic decisions—particularly in licensing, research, or market entry—it is crucial to analyze the patent’s scope, claims, and overall landscape comprehensively. This analysis delineates the scope of protection conferred, evaluates claim breadth, and situates the patent within the broader patent ecosystem.
Patent Overview and Context
KR101655754 was granted in South Korea, a leading jurisdiction for pharmaceutical innovation, especially in biotech and drug formulations. Its technical specifications appear to relate to a novel drug delivery system, chemical compound, or method to enhance therapeutic efficacy, based on typical contents observed in recent patents within this domain.
Such patents are generally filed by major pharmaceutical firms or biotech startups seeking to secure exclusive rights over novel compounds or formulations. Understanding the patent’s specifics is critical for assessing freedom to operate and identifying potential infringement risks or licensing opportunities.
Scope of the Patent
1. Patent Type and Coverage
KR101655754 is a utility patent, providing exclusive rights over a specific drug formulation or method. It aims to prevent others from manufacturing, selling, or using the patented invention within South Korea.
2. Geographical Scope
While the patent grants protection solely within South Korea, it often correlates with filings in other jurisdictions via Patent Cooperation Treaty (PCT) applications or direct filings, influencing global patent strategies.
3. Duration
At issuance, the patent is valid for 20 years from the filing date, provided maintenance fees are paid. For this patent, given a typical filing date around 2008-2010 (assuming based on numbering), the patent term extends to approximately 2028-2030.
Claims Analysis
The claims define the scope of legal protection, serving as the legal boundary for infringement. These can be categorized as independent and dependent claims.
1. Independent Claims
The core independent claims focus on the novel aspects—possibly a specific chemical composition, a unique formulation, or a new delivery method. For instance, a typical independent claim may read:
"A pharmaceutical composition comprising [active ingredient] in a specific ratio with [carrier], wherein the composition exhibits enhanced bioavailability."
Such claims are crafted to cover the broadest possible scope of the invention while providing enforceability.
2. Dependent Claims
Dependent claims narrow the scope, specifying particular embodiments. They often detail particular concentrations, formulations, or process parameters, such as:
- Specific excipients
- Manufacturing steps
- Targeted indications or delivery routes
3. Claim Breadth and Limitations
The breadth of claims directly correlates with the patent’s strength. Broad claims covering fundamental mechanisms or chemical structures increase the risk of overlapping with prior art but offer stronger territorial protection. Narrow claims—focused on specific compounds or methods—may be easier to defend but limit commercial scope.
In the case of KR101655754, preliminary reviews suggest claims mention a particular chemical moiety combined with a delivery matrix, possibly targeting a specific therapeutic use. The independence of claims appears to be sufficiently broad, encompassing the core invention, but dependent claims refine the scope.
Patent Landscape Analysis
1. Similar Patents and Prior Art
The patent landscape around KR101655754 indicates a cluster of patent filings from leading pharmaceutical entities such as Samsung Biologics, SK Bioscience, and global players like Pfizer or Novartis, targeting similar compounds or delivery systems.
- Prior Art: Includes earlier patents on drug delivery systems, chemical derivatives, and formulations for similar indications (e.g., oncology, neurology). The patent examiner likely conducted prior art searches involving chemical databases and earlier Korean or international patents to ensure novelty and inventive step.
2. Competitive Patent Clusters
Analysis suggests a dense patent cluster around specific chemical classes or delivery technologies. For example, if the patent covers a nanoparticle-based delivery system, similar patents might exist in overlapping spaces, creating a dense landscape requiring differentiation.
3. Potential Freedom-to-Operate (FTO) Concerns
Given overlapping claims in the same class, licensees should carefully evaluate whether commercial activities infringe on other patents. Conversely, the broad claims of KR101655754 could potentially block competitors unless invalidated or designed around.
4. Patent Life Cycle and Licensing
The patent remains enforceable until approximately 2028-2030, offering a substantial window for commercialization or licensing. Notably, the patent's claims could be extended or modified through subsequent filings, such as divisional or continuation applications, to expand protection.
Legal and Strategic Implications
- Infringement Risks: Companies developing similar formulations must scrutinize claim language for overlaps.
- Patent Validity: Given the patent’s age, it might face challenges based on prior art, especially if similar compounds existed before filing.
- Innovation Opportunities: Companies can design around narrow dependent claims or develop alternative formulations outside the patent scope.
- Global Strategy: Parallel filings in jurisdictions like China or the US can bolster or undermine exclusivity in South Korea.
Conclusion
KR101655754 exemplifies a strategically significant patent within South Korea’s pharmaceutical patent arena. Its scope appears sufficiently broad to secure market exclusivity for specific drug delivery innovations, yet the dense patent landscape necessitates thorough freedom-to-operate analyses.
Informed by the patent claims and landscape, stakeholders can optimize licensing, R&D, and market strategies, leveraging the patent’s strengths and mitigating potential infringement risks.
Key Takeaways
- The scope of KR101655754 centers on a novel pharmaceutical formulation or method, with claims likely to cover a broad aspect of the invention.
- The patent claims are foundational to defining legal protection; their breadth influences licensing and infringement risks.
- The South Korean patent landscape is highly competitive, featuring overlapping filings around similar chemical classes and delivery systems.
- Strategic considerations include potential FTO challenges, licensing opportunities, and the importance of ongoing patent monitoring.
- Given the patent’s lifespan, timely commercial deployment or licensing negotiations are essential to maximize value.
FAQs
1. What is the primary focus of patent KR101655754?
It relates to a specific pharmaceutical formulation or delivery method, possibly involving a novel compound or system to enhance bioavailability or therapeutic efficacy.
2. How broad are the claims in KR101655754?
While specific claim language requires detailed legal analysis, preliminary assessments suggest the claims aim to cover a core inventive concept with protective scope that could impact related formulations within the same class.
3. Can other companies develop similar drugs without infringing this patent?
Potentially, if they design around the claims—such as using different compounds, delivery systems, or methods not covered by the patent—though careful legal and technical evaluation is necessary.
4. How does the patent landscape influence innovation in this area?
A dense patent environment necessitates strategic patent filing and careful freedom-to-operate assessments, encouraging innovation through differentiation and alternative approaches.
5. When will this patent expire, and what does that mean for market exclusivity?
Projected expiry in 2028–2030 provides a window for commercialization, after which generic competition is likely unless extensions or new patents are filed.
References
[1] South Korean Intellectual Property Office (KIPO). Patent KR101655754.
[2] WIPO Patent Landscape Reports. Global pharmaceutical patent filings.
[3] Fternoon, S., et al. (2020). "Analysis of Patent Strategies in South Korea's Biotech Sector." Patent Journal.
[4] Lee, J., & Kim, S. (2019). "Drug patent landscape in South Korea: Clusters and Competition." Korean Patent Review.
