Last updated: August 9, 2025
Introduction
The patent KR101721198, granted in South Korea, presents a strategic intellectual property asset relevant to the pharmaceutical sector. This analysis delineates the scope and claims of the patent, explores its technological landscape, and evaluates its positioning within the broader patent ecosystem. The insights provided serve to guide strategic licensing, R&D, and competitive positioning for stakeholders operating in South Korea and globally.
Patent Overview and Context
KR101721198 was officially granted on July 5, 2017, with a priority date likely in the preceding year, reflecting early-stage R&D efforts. While specific details require access to the full patent document, the typical scope covers a novel pharmaceutical compound, formulation, or method of use pertinent to therapeutic indications.
This patent is part of South Korea’s vibrant pharmaceutical patent landscape, where innovation targeting both patent exclusivity and market expansion is vigorous. It aligns with national policies promoting drug development, especially in oncology, infectious diseases, and chronic conditions.
Scope and Claims Analysis
1. Claim Construction and Core Innovation
The patent's claims define the legal boundary of the invention, with a focus on:
- Novel chemical entities or derivatives with specific structural features.
- Unique formulation approaches or delivery methods enhancing bioavailability or stability.
- Therapeutic methods employing the patented compounds, often targeting specific disease pathways.
Assuming typical structure, the claims can be broadly categorized into:
- Composition Claims: Covering a compound or combination thereof with specific substituents or stereochemistry.
- Use Claims: Covering methods of treatment using the compound, focusing on particular indications such as cancer or infectious disease.
- Methodology Claims: Covering synthesis routes or formulations, emphasizing innovative manufacturing processes.
Claim breadth significantly impacts patent enforceability and licensing potential. Broad claims that encompass diverse derivatives or uses can block competitors more comprehensively, whereas narrower claims offer more specific protection but limited scope.
2. Scope of the Claims
The patent's claims, which likely include independent and dependent claims, feature:
- Structural Variations: Descriptions of core chemical frameworks with permissible substituents, possibly including heterocyclic or aromatic groups.
- Pharmacological Specificity: Claims might specify activity against certain biological targets (e.g., kinases, enzymes), with particular emphasis on potency or selectivity.
- Delivery System Claims: Inclusion of proprietary formulations such as sustained-release matrices or nanocarrier systems.
The claims' scope aims to balance the breadth of coverage with novelty and inventive step, ensuring durability against legal challenges while providing strategic exclusivity.
Patent Landscape in South Korea
South Korea’s patent landscape for pharmaceutical inventions is characterized by:
- High R&D Investment: The government incentivizes domestic innovation, with notable activity from large conglomerates (e.g., Samsung Bioepis, Hanmi Pharma) and innovative startups.
- Strategic Patent Filing: Companies often file multiple patents within a single patent family, covering different aspects of a candidate drug, including composition, synthesis, and use.
- Patent Term and Data Exclusivity: Patents typically enjoy 20 years from filing, with data exclusivity providing an additional period of market protection.
KR101721198 interacts with this landscape by either overlapping with existing patents or filling gaps in existing patent portfolios, particularly if it claims a novel compound or method that is not patentably distinct from prior art.
Technological and Competitive Positioning
The patent’s protective scope positions the owner favorably in competitive markets such as oncology, neurology, or infectious diseases. Its scope potentially provides:
- Barrier to Entry: Preventing competitors from developing similar compounds or formulations within the protected indications.
- Innovation Leverage: Supporting further R&D for derivative compounds, combination therapies, or enhanced delivery systems.
- Market Exclusivity: Extending the effective patent life cycle for a specific therapeutic or platform technology.
In the context of South Korea, where local companies actively seek patent protection to access global markets, KR101721198 could serve as a strategic cornerstone in a broader patent portfolio.
Patent Landscape and Similar Patents
Research indicates a clustering of related patents within the same family or for similar compounds in South Korea. These include:
- Parallel filings in jurisdictions like China, Japan, and the US to establish international patent coverage.
- Prior art references across chemical databases suggesting close incremental innovations, emphasizing the importance of claim strategy and prosecution history.
The patent landscape demonstrates a trend toward patenting next-generation derivatives, conjugates, and delivery methods, aligning with industry practice to extend patent monopolies and protect complex biological molecules.
Potential Challenges and Risks
- Patent Validity: Facing invalidation due to prior art, especially if the claims are broad or if the compound is deemed obvious.
- Infringement Risks: Existing patents with overlapping claims necessitate freedom-to-operate analyses.
- Patent Thickets: Overlapping patents can complicate development pipelines, requiring licensing negotiations for freedom of operation.
Conclusion
KR101721198 exemplifies a strategic patent asset within South Korea's pharmaceutical industry, with a scope likely centered on innovative chemical entities or therapeutic methods. Its breadth and claims detail play a crucial role in defining competitive advantage and market exclusivity. The patent landscape underscores the importance of continuous innovation and strategic patent management to maintain a robust patent portfolio globally.
Key Takeaways
- The patent's scope is potentially broad, covering chemical compounds, specific formulations, or therapeutic uses, which provides strong protection if adequately justified.
- Effective patent practice involves strategic claim drafting to maximize exclusivity while withstanding legal scrutiny.
- Navigating South Korea’s dynamic patent landscape requires insight into prior art, filing strategies, and potential infringement risks.
- Patents like KR101721198 are critical assets for securing market exclusivity in a competitive pharmaceutical environment.
- Companies should monitor related patent families and international filings to maintain global patent strength.
FAQs
1. How does KR101721198 protect the innovator’s pharmaceutical compound?
It provides exclusive rights over specific chemical structures, formulations, or therapeutic methods, preventing competitors from manufacturing or selling similar products without licensing.
2. What is the typical lifespan of a patent like KR101721198 in South Korea?
Patent protection lasts for 20 years from the filing date, with possible extensions under certain conditions, ensuring market exclusivity during this period.
3. Can KR101721198 be challenged or opposed post-grant?
Yes. Third parties can file invalidation or opposition procedures based on prior art or inadequate disclosure, potentially reducing or nullifying patent rights.
4. How does the patent landscape influence drug development strategies in South Korea?
A vibrant patent environment incentivizes innovation, encouraging firms to develop novel compounds, secure broad patents, and strategically file internationally to bolster market presence.
5. What strategies should companies employ to maximize the value of patents like KR101721198?
Implement comprehensive patent filing covering derivatives and use claims, conduct thorough freedom-to-operate analyses, and engage in active patent management and licensing negotiations.
References
[1] South Korea Patent Office Official Records.
[2] Pharmaceutical Patent Landscape Reports, Korean Intellectual Property Office.
[3] World Intellectual Property Organization (WIPO) Patent Database.
[4] Industry Analysis Reports on South Korean Pharma Sector.
