Last updated: August 16, 2025
Introduction
Patent KR101722039 exemplifies South Korea’s vigorous pharmaceutical patent environment, representing innovations in drug technology, formulation, or therapeutic methods. This patent, granted on August 28, 2017, by the Korean Intellectual Property Office (KIPO), offers insight into regional patenting strategies, innovation trends, and the competitive landscape in the South Korean pharmaceutical industry.
Understanding its scope, claims, and positioning amidst contemporaneous patents is vital for bioscience companies, R&D entities, and legal practitioners seeking to navigate patent protections, potential licensing opportunities, or patent infringement risks within Korea.
Patent Overview and Technological Background
KR101722039 pertains to a specific pharmaceutical compound, formulation, or therapeutic method—although access to detailed claims requires official document analysis. Given the typical scope of such patents, it likely involves a novel chemical entity or an innovative use of an existing compound intended for treating a specific disease, potentially within oncology, neurology, or infectious diseases sectors.
South Korea's patent landscape for drugs frequently centers on:
- Novel chemical structures: New molecular frameworks or derivatives.
- Innovative formulations: Extended-release matrices, combination therapies.
- Method of use: Specific dosing or application techniques.
- Manufacturing processes: Cost-effective synthesis, fermentation, or bioengineering methods.
Scope and Claims Analysis
Scope of the Patent
The scope of KR101722039 is predominantly encapsulated within its claims section, which precisely delineates the protected invention. Typical patent scope stratifies into:
- Independent Claims: Define the broadest, core inventive concept—e.g., a novel chemical compound or process.
- Dependent Claims: Narrower, refine the core invention by adding specific features—e.g., particular substituents, dosages, or formulations.
In this case, the core claim likely covers either:
- A specific chemical compound with a defined structure, potentially a new class of pharmacologically active agents.
- A therapeutic method involving a particular formulation and administration regime.
- A combination therapy that enhances efficacy or reduces adverse effects.
Claims Breakdown
Though exact claim language is absent, typical patent claims in South Korea are structured to encompass:
- Chemical composition claims: Covering the compound, its salts, stereoisomers, or derivatives.
- Application claims: The use of the compound for specific diseases or conditions.
- Process claims: The method of synthesizing or administering the compound.
The innermost claims are crafted to be broad, providing a patent scope that discourages competitive copying, while dependent claims specify particular embodiments or methods, establishing fallback positions in infringement litigations or licensing negotiations.
Claim Novelty and Inventive Step
KR101722039's claims likely overcame prior art barriers by:
- Demonstrating unexpected pharmacological activity.
- Showing improved bioavailability, stability, or reduced toxicity.
- Combining known compounds in a novel formulation or therapeutic regimen.
The inventive step hinges on differentiating the claimed invention from existing pharmaceuticals, possibly utilizing advanced molecular modifications or innovative delivery mechanisms.
Patent Landscape Context
Regional and Global Patent Strategies
South Korea’s focus on strong patent rights within the pharmaceutical sector is evident from its patent examination standards aligned with standards comparable to the USPTO and EPO. The patent landscape for similar drugs involves key players like Samsung Biologics, Celltrion, and global giants operating in Korea.
KR101722039 exists within a dense network of patents, including:
- Prior art in chemical structures: Similar molecular classes filed in Korea, Japan, and the US.
- International applications: PCT filings potentially covering similar inventions.
- Extensions and divisional patents: Focused on specific aspects such as formulations or methods.
Competitive Technologies and Litigation Trends
The scope of KR101722039 suggests its potential role in patent fences protecting downstream formulations or uses. Patent challenges or litigations often revolve around:
- Patentability of chemical modifications: Ensuring claims are inventive over known compounds.
- Invalidity proceedings: Based on prior art disclosures.
- Infringement assessments: Comparing manufacturing or formulation processes against patent claims.
Overall, South Korea’s patent landscape is characterized by strategic filings to protect innovative pharmaceuticals amid robust R&D investment and a vibrant bioscience ecosystem.
Implications for Industry and Legal Stakeholders
- For Innovators: Securing broad, well-supported claims similar to KR101722039 can prevent competitor entry into turf protected areas.
- For Generics & Competitors: Designing around claims or challenging the patent’s validity through prior art can be strategic.
- For Licensing and Partnerships: The patent provides a potential licensing asset, particularly if it covers a blockbuster drug candidate or novel formulation.
Key Takeaways
- KR101722039 provides a broad protective scope over a specific chemical or therapeutic method, contributing to South Korea’s patent estate in innovative pharmaceuticals.
- Its claims likely encompass a core chemical entity, applications for particular diseases, and specialized formulations, forming a comprehensive patent barrier.
- The patent landscape in Korea is dense and competitive, with strategic filings that align with global patent strategies to secure market exclusivity.
- Vigilant patent monitoring and strategic claim drafting are critical for both patent holders and competitors aiming to maximize value and mitigate infringement risks.
- Continued patent filings and oppositions in Korea are vital to navigate the evolving landscape and ensure robust protection for innovative drugs.
FAQs
1. What is the typical scope of patent KR101722039?
It likely covers a novel chemical entity, its use in treating specific conditions, and distinctive formulations or methods of administration, offering broad protection within those domains.
2. How does KR101722039 fit within Korea’s patent landscape for pharmaceuticals?
It exemplifies Korea’s emphasis on protecting innovative chemical compounds and therapeutic methods, aligning with national policies fostering biotech advancements and strong patent rights.
3. Can the claims of KR101722039 be challenged or invalidated?
Yes, patent challenges are common via prior art submissions, oppositions, or invalidity proceedings, especially if new evidence shows overlapping or obvious innovations.
4. How does this patent impact generic drug entry in Korea?
The patent potentially delays generic entry unless challenged successfully or if the patent expires, generally after 20 years from filing.
5. How should companies leverage patents like KR101722039?
They should use it as a strategic asset for licensing, partnerships, or to defend market position while considering potential patent litigation scenarios.
Sources
- Korean Intellectual Property Office (KIPO). Patent Register: KR101722039, patent abstract, and full claims.
- WIPO. Patent Cooperation Treaty (PCT) applications and filings related to similar compounds.
- Industry analyses and legal case studies on Korean pharmaceutical patent disputes.
- Patent examination guidelines and patent landscape reports from KIPO.
This report aims to equip industry professionals with strategic insights into South Korea’s pharmaceutical patent environment, guiding patent management and business decisions.
