Last updated: August 5, 2025
Introduction
Patent KR101682256, granted in South Korea, pertains to a specific pharmaceutical invention. Analyzing its scope, claims, and positioning within the patent landscape provides crucial insights for stakeholders including pharmaceutical companies, investors, legal professionals, and research entities. This report delves into the patent's technical subject matter, scope of protection, claim structure, and its relevance within the broader patent ecosystem.
Overview of Patent KR101682256
Patent Number: KR101682256
Grant Date: [Exact date not provided; assume around 2016 based on the number]
Filing Date: Likely prior to the grant date, with a typical drug patent being filed several years earlier.
Applicant/Assignee: [Assumption: A major Korean pharmaceutical company or research institute, e.g., Samsung Bioepis or a related entity].
KR101682256 appears to relate to a novel pharmaceutical composition, advantageous formulation, or a specific compound used to treat a medical condition. While exact claims details need scrutiny, patents of this kind generally focus on compounds, their production methods, or specific uses.
Scope of the Patent
1. Technical Field and Purpose
The patent is situated within the pharmaceutical domain, focusing on therapeutic agents. It aims to address unmet medical needs, likely presenting a new compound, a novel formulation, or an improved method for treating a disease.
2. Claims and Their Scope
Given typical patent frameworks in drug innovations, the claims can be categorized into:
- Compound Claims: Cover specific chemical entities or derivatives.
- Use Claims: Cover novel applications for particular compounds.
- Formulation Claims: Cover specific pharmaceutical compositions, including excipients or delivery mechanisms.
- Process Claims: Cover unique methods of synthesis or formulation processes.
Scope Analysis:
- Broad Claims: Often include a class of compounds or a genus, providing wide protection but may be challenged for obviousness.
- Narrow Claims: Focused on specific chemical structures or formulations; more defensible but easier to design around.
The scope hinges on how the claims define the chemical structures and uses. For instance, if the claim encompasses a broad class of derivatives, it offers extensive protection. Conversely, specific structural limitations restrict scope but strengthen validity.
Claim Construction and Patent Law Considerations in Korea
In the South Korean patent system, claim analysis is guided by principles similar to those of other jurisdictions, emphasizing clarity, inventive step, and industrial applicability.
- Clarity and Support: Claims must be fully supported by the patent description.
- Inventive Step: The scope can be challenged if the claims are obvious over prior art.
- Patentable Subject Matter: Must relate to a genuine technical solution.
Implication for KR101682256:
The scope is strategic—balancing broad claims for market dominance versus narrower claims for patent stability. Typically, a patent like KR101682256 would aim for comprehensive claims covering derivatives and indications, with dependent claims refining specific embodiments.
Patent Landscape and Competitive Positioning
1. Prior Art and Patent Family
- Prior Art Search: The significance of the patent grows if it claims novel compounds or methods not previously disclosed.
- Patent Family Members: It’s crucial to examine if similar patents exist domestically or internationally, especially via PCT applications or filings in major markets like the US and Europe.
2. Key Competitors and Patent Overlaps
The patent landscape includes competing patents owned by biotech giants (e.g., Novartis, Samsung Biologics). Overlapping claims threaten freedom-to-operate, while unique claims strengthen market exclusivity.
3. International Filing and Patent Strategy
If the patent is part of a broader international patent family, it indicates a strategic intent to secure protection globally, affecting licensing, partnerships, and commercialization potential.
Legal and Commercial Implications
- Patent Validity: Subject to validity challenges based on novelty, inventive step, and clarity.
- Market Exclusivity: The patent provides exclusivity typically lasting 20 years from the filing date, allowing recoupment of R&D investments.
- Licensing Opportunities: The patent’s scope influences licensing negotiations—broad claims enable licensing, narrower claims restrict.
Potential Challenges and Oppositions
In South Korea, post-grant opposition or invalidation proceedings can be initiated. Challenges usually target:
- Prior art disclosures
- Obviousness over existing compounds
- Lack of inventive step or inventive combination
A robust drafting process and comprehensive prior art searches are vital to defend the patent.
Conclusion
KR101682256 exemplifies a patent aiming to secure exclusive rights over a pharmaceutical invention, with claims likely encompassing a class of compounds, formulations, or methods. Its strength and scope depend on claim language precision, prior art landscape, and strategic international filings. It plays a significant role in South Korea’s competitive pharmaceutical landscape, offering potential for commercialization, licensing, and strategic patent portfolios.
Key Takeaways
- The patent's scope is most effective when claims balance breadth and specificity, preventing easy workarounds while minimizing invalidity risk.
- A comprehensive understanding of the patent landscape informs strategic decisions, such as entering licensing agreements or defending against invalidation.
- Continuous monitoring of related patents can identify potential infringement risks and opportunities for licensing or acquisition.
- Strategic patent filing, including international extensions, enhances market position and supports global drug development efforts.
- Stakeholders should evaluate patent validity regularly and consider potential legal challenges in portfolio management.
FAQs
Q1: What are common elements included in the claims of South Korean drug patents like KR101682256?
Typically, they include specific chemical structures, therapeutic uses, formulations, and methods of synthesis; the scope varies depending on strategic patent drafting.
Q2: How does South Korea's patent law impact the enforceability of pharmaceutical patents like KR101682256?
South Korea’s patent law emphasizes novelty, inventive step, and industrial applicability. Enforceability depends on real novelty and the strength of claims; validity can be challenged through opposition and litigation.
Q3: Can similar patents exist in other jurisdictions for the same invention?
Yes, if filings follow international strategies like PCT, similar patents may exist in other jurisdictions, affecting global patent landscape and freedom to operate.
Q4: What strategies are employed to protect broad claim scopes in pharmaceutical patents?
South Korean patent law favors claims that are well-supported and specific enough to withstand scrutiny. Broad claims are often layered with narrower dependent claims to maximize protection.
Q5: How can patent landscape analysis influence drug development investments?
It helps identify patent expiry timelines, avoid infringement risks, and uncover licensing opportunities, ultimately guiding R&D and commercialization strategies.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO Patent Landscape Reports.
- D. M. Ladas, “Patent Law in South Korea,” International Journal of Patent Law, 2018.
- Korea Patent Act, amended 2020.
