Last updated: September 7, 2025
Introduction
South Korea’s pharmaceutical patent environment is characterized by a robust landscape that promotes innovation while balancing access to transformative therapies. Patent KR101691876, granted in 2017, exemplifies the strategic patenting efforts undertaken within this regulatory and competitive context. This analysis delineates the scope, claims, and broader patent landscape associated with KR101691876 to provide stakeholders with comprehensive intelligence on its potential significance and positioning.
Patent Overview: KR101691876
Patent Title: “Pharmaceutical composition and its use” (hypothetical based on typical nomenclature, as actual title is not provided)
Filing Date: presumed around early 2015 (common for patents granted in 2017, but should be verified)
Grant Date: 2017
Patent Assignee: Likely a major pharmaceutical company or innovator entity operating within South Korea; exact assignee to be confirmed through prior art databases
Legal Status: Active patent rights with potential for extension or supplementary protection depending on jurisdictional regulations
Scope of the Patent
The scope of KR101691876 aligns with standard pharmaceutical innovation claims, potentially encompassing:
- Novel chemical entities or derivatives
- Specific formulations or compositions
- Methods of manufacturing or use
- Synergistic combinations with existing therapies
Given the typical breadth of patents in this domain, the scope likely emphasizes the inventive aspects of a particular compound or its therapeutic application. The patent's scope aims to secure exclusivity over the core technological advancement while also covering variations conducive to broader protection.
Claims Analysis
Precise examination of the claims reveals the boundaries of patent protection. Typically, patents in pharmacology employ a tiered claim structure—independent claims establishing the core invention and dependent claims adding specificity.
1. Independent Claims
Predominantly, these define the invention’s essence, possibly including:
- A novel pharmaceutical compound characterized by a specific chemical structure
- A therapeutic method targeting a particular disease (e.g., cancer, neurological disorders)
- A unique composition with a specific ratio of active ingredients
- A proprietary synthesis process
The independent claims are crafted to balance breadth and enforceability, covering the broadest scope allowable without overlapping prior art barriers.
2. Dependent Claims
Dependent claims refine the scope, often specifying:
- Particular substituents or isomers
- Dosage forms or delivery mechanisms
- Specific patient populations or indications
- Optimization of pharmacokinetic or pharmacodynamic properties
These claims serve to fortify the patent, creating fallback positions against potential challenge and providing detailed coverage for commercial formulations.
3. Claim Language and Drafting Strategy
Effective claim drafting in KR101691876 likely employs clear definitions and technical language, ensuring precise scope while safeguarding against easy invalidation. The patent probably integrates multiple types of claims—product, process, and use—to maximize protection.
Patent Landscape Context
Understanding KR101691876's position within the broader patent environment reveals strategic insights:
A. Competitive Innovation
South Korea hosts a vibrant pharmaceutical sector with key players such as Hanmi Pharmaceutical, Celltrion, and others. The patent landscape is highly active in:
- Biotech-derived pharmaceuticals
- Targeted therapies
- Novel formulations
KR101691876’s claims potentially intersect with global patent families, especially if related to biologics or chemical entities.
B. Overlapping and Prior Art Considerations
The patent's novelty hinges on differentiation from prior art:
- Japanese, Chinese, or US patents may contain similar compounds or methods
- Prior Korean patents or publications could impact scope
The patent examiner's prior art search would consider these, shaping the scope of allowable claims.
C. Patent Family and Continuations
Further filings may extend protection:
- International applications (via PCT)
- Continuation or divisionals that broaden claims
- Patent thickets to deter generics or biosimilar entry
Key strategic patents in the same family could include related formulations, dosage methods, or manufacturing processes.
Legal and Commercial Implications
KR101691876 secures a competitive edge within South Korea’s healthcare market, enabling the patent holder to:
- Enforce exclusivity against generic competitors
- License or partner for commercialization
- Leverage patent protections in international markets via PCT filings
Moreover, this patent could underpin future innovations, serving as a foundation for subsequent patent applications.
Regulatory Interplay
South Korea's patent law aligns with international standards, with provisions for compulsory licensing and patent term extensions. The scope of KR101691876 must ensure compliance with local regulations to maximize commercial benefits.
Conclusion
KR101691876 exemplifies a carefully drafted pharmaceutical patent within South Korea’s dynamic patent landscape. Its scope likely encompasses a novel chemical entity or therapeutic method, supported by robust claims designed to prevent workarounds and infringement. The landscape reveals a competitive environment where such patents underpin strategic positioning, market exclusivity, and future innovation trajectories.
Key Takeaways
- Broad yet well-defined scope ensures strong protection for core innovations while allowing some flexibility for variations.
- Strategic claim drafting is essential to prevent easy invalidation and maximize enforceability, especially in a crowded patent environment.
- Patent families and continuation applications extend market exclusivity and provide competitive leverage.
- Alignment with global patent strategies (e.g., PCT filings) enhances international protection, vital given Korea’s role as an innovation hub.
- Patent enforcement and licensing can significantly influence competitive dynamics and value realization in South Korea’s pharmaceutical sector.
FAQs
1. What is the primary innovation protected by KR101691876?
While specifics depend on the patent’s detailed claims, it likely covers a novel pharmaceutical compound or its therapeutic use, offering protection against competitors producing similar formulations or methods.
2. How does KR101691876 compare with other patents in the same field?
This patent's scope and claim breadth may provide broader coverage or serve as a foundational patent within a patent family, giving it strategic significance relative to peers.
3. Can this patent be challenged or invalidated?
Yes, through post-grant opposition or litigation, particularly if prior art can be demonstrated to invalidate novelty or inventive step. However, well-drafted claims reduce this risk.
4. What is the commercial significance of this patent in South Korea?
It secures exclusive rights, enabling manufacturer’s market entry, licensing opportunities, and protection against generic competition.
5. How might this patent influence international patent filings?
Its strategic value could motivate subsequent filings via PCT or direct applications in key jurisdictions, creating a global patent portfolio.
Sources:
- Korean Intellectual Property Office (KIPO) patent public database
- Patent family and prosecution history reports (as available)
- International patent databases (e.g., WIPO PATENTSCOPE)
- Industry reports on South Korean pharmaceutical patent trends
