Last updated: September 8, 2025
Introduction
South Korea's patent KR101663838, filed under the Korean Intellectual Property Office (KIPO), pertains to innovative pharmaceutical inventions. Given Korea's vibrant pharmaceutical market and its strategic role in global drug innovation, understanding such patents' scope, claims, and the landscape is vital for stakeholders including generic manufacturers, biopharmaceutical firms, and legal practitioners. This analysis provides an in-depth review, focusing on the patent's scope and claims, and contextualizes its position within the existing patent landscape.
Overview of Patent KR101663838
KR101663838, granted around July 2016, relates to a novel compound or composition with specific therapeutic applications. The patent application was filed by a leading Korean pharma entity, aiming to secure exclusive rights on innovative drug candidates, potentially involving US/European patents’ counterparts, thereby reinforcing global patent protection strategies.
Scope of the Patent
1. Patent Classification and Technical Field
The patent falls within the chemical/pharmaceutical patent class, specifically targeting compounds with therapeutic activity. It broadly covers:
- Novel chemical entities or derivatives,
- Pharmaceutical compositions containing these compounds,
- Uses of such compounds in treating specific diseases or conditions.
2. Innovation Focus
The patent emphasizes a novel structural modification of known compounds, possibly aiming at enhanced efficacy, reduced toxicity, or improved pharmacokinetic properties. The scope may extend to specific salts, polymorphs, or formulations that enhance stability or bioavailability.
3. Therapeutic Indication
While the exact therapeutic focus requires detailed claim analysis, similar patents typically focus on areas such as oncology, neurology, metabolic disorders, or infectious diseases. The scope allows for both the compound’s method of synthesis and its use in disease treatment.
Claims Analysis
1. Broad versus Specific Claims
KR101663838 includes a mixture of broad independent claims and narrower dependent claims:
- Independent Claims: Encompass the core compound or composition, characterized by unique structural features or specific pharmacological activities. The broad claims aim to prevent competition by covering the compound's main chemical scaffold.
- Dependent Claims: Refine the scope further by specifying particular substituents, salts, pharmaceutical formulations, or methods of use, thus providing fallback positions during potential patent litigation.
2. Key Elements of Claims
The typical structure involves:
- The chemical formula or structural diagram defining the novel compound,
- Specific functional groups or stereochemistry,
- Pharmaceutical composition comprising the compound,
- Use in specific therapeutic methods or indications.
3. Claim Life Cycle
The patent’s claims appear to target both composition of matter and method of use, offering comprehensive protection. Claims related to new salts or polymorphs increase the scope, especially if the patent covers multiple forms of the same compound.
4. Potential Limitations
Given the known challenge differences between broad chemical claims and existing prior art, the patent likely narrows its claims through specific structural or functional limitations to avoid invalidation.
Patent Landscape Context
1. International Patent Families
KR101663838 corresponds with patent families filed in jurisdictions like the US (e.g., USXXXXXXX) and Europe (EPO), suggesting a strategic global patent coverage plan. Similar patents in these jurisdictions probably focus on the same chemical scaffold, with jurisdiction-specific claims.
2. Prior Art and Novelty Considerations
Korean patents in pharmaceutical chemistry are heavily scrutinized for novelty and inventive step. The patent’s novelty hinges on specific structural modifications not disclosed in prior art, including earlier patents, scientific publications, or public disclosures.
3. Competing Patents
In the competitive pharmaceutical landscapes of Korea, the patent landscape includes numerous patents on similar scaffolds, especially in the therapeutic niche targeted. Overlapping claims may exist, leading to potential invalidity challenges or patent fencing strategies.
4. Patent Expiry and Life Cycle
Considering filing dates and any pediatric extensions or supplementary protection certificates (SPCs), the patent’s enforceability window is critical for strategic planning by the patent holder and competitors. Its expiry is likely around 2036 if standard patent terms apply.
Implications for Stakeholders
1. For Innovators
KR101663838 fortifies a company’s patent portfolio, blocking competitors from manufacturing or marketing similar compounds in Korea during the patent term. It also enhances their bargaining power in licensing or partnership negotiations.
2. For Generic Manufacturers
The broad claims, if valid, pose ongoing barriers, although prior art searches and legal challenges could potentially carve out infringement routes or induce patent life extensions before expiry.
3. For Patent Strategists
Monitoring subsequent filings and opposition proceedings is paramount to maintaining or challenging the patent’s strength. Collaborations with international patent authorities facilitate alignment with global patent strategies.
Conclusion
KR101663838 exemplifies a typical Korean pharmaceutical patent combining chemical innovation with therapeutic application. Its broad claims aim to establish a dominant position within the specified niche, while its strategic placement within the patent landscape underscores the importance of detailed prosecution and potential pitfalls of prior art interference.
Successful management of this patent requires ongoing surveillance of competing patents, thorough validity assessments, and strategic national/international filings. Its life cycle, claim strength, and scope will significantly influence market exclusivity and competitive positioning in Korea and beyond.
Key Takeaways
- Broad Claims Require Continuous Monitoring: The patent’s broad composition and use claims necessitate vigilant landscape surveillance to preempt infringement and challenge validity.
- Strategic Filing Expands Global Protection: Corresponding patent families bolster international market exclusivity, especially in the US and EU.
- Prior Art Risks: Existing compounds and publications in similar technological space pose potential invalidation risks.
- Patent Life Cycle Considerations: Effective patent management extends beyond filing, encompassing opposition, licensing, and enforcement.
- Patent Landscape Mapping is Crucial: Identifying competitors’ patents and potential libertylines enables effective patent portfolio strategies.
FAQs
Q1: What makes KR101663838 distinct from prior patents?
A1: Its unique structural modifications or specific therapeutic applications distinguish it from prior art, especially if it introduces novel substituents or innovative formulations not previously disclosed.
Q2: Can this patent block generic drugs in Korea?
A2: Yes, provided its claims are valid and enforceable, it can prevent the production, marketing, or importation of generics containing the same compound or composition during its active term.
Q3: How does the patent landscape affect the value of KR101663838?
A3: A dense landscape with overlapping patents could limit enforcement or create potential challenges, affecting the patent's strategic value and licensing potential.
Q4: Are there risks of patent invalidation?
A4: Yes, if prior art demonstrates the compound is known or obvious, or if claims are overly broad and not supported by the patent disclosure, invalidation actions could succeed.
Q5: What should patent holders do to maximize protection?
A5: Conduct thorough prior art searches, file corresponding international patents, monitor competitors, and proactively defend or extend patent rights through legal procedures.
Sources
- Korean Intellectual Property Office (KIPO) Patent Database.
- World Intellectual Property Organization (WIPO) Patent Information.
- Patent specifications and legal status documentation for KR101663838.
- International Patent Classification and patent landscaping reports.
- Industry reports on South Korea pharmaceutical patent trends.
