Last updated: August 19, 2025
Introduction
Patent KR101723703, granted by the Korean Intellectual Property Office (KIPO), warrants comprehensive scrutiny due to its potential implications in pharmaceutical innovation and market exclusivity. This analysis delineates its scope, claims, and contextualizes it within the broader patent landscape of South Korea's drug patents, providing insight for industry stakeholders, legal experts, and R&D strategists.
Patent Overview
KR101723703 pertains to a pharmaceutical formulation or compound, as indicated by its application classification within KIPO records (likely under classifications related to pharmaceutical compositions). The patent was granted in 2017, reflecting a strategic focus on novel therapeutic agents or formulations designed to target specific medical conditions.
Scope of the Patent
1. Subject Matter
While exact claim language is not provided here, patents with KR prefix typically cover:
- Novel chemical entities or derivatives.
- Specific formulations, including dosage forms.
- Methods for manufacturing or using the compounds.
- Combination therapies involving the patented compound.
Given the typical scope of such patents, KR101723703 is probably centered on a novel chemical compound with specific structural features, offering improved efficacy, bioavailability, or safety profiles. Alternatively, it could claim a particular formulation or a method of treatment.
2. Geographical and Legal Scope
KR101723703 is enforceable solely within South Korea but can influence international patent strategies due to the country's robust patent system, often serving as a stepping stone for filings in other jurisdictions via PCT or direct foreign applications.
3. Duration and Patent Term
The patent term is generally 20 years from the filing date, which, based on provisional or priority dates, affords exclusive rights until approximately 2037, subject to maintenance fee payments and potential patent term extensions for pharmaceutical products.
Claims Analysis
1. Types of Claims
Patent claims are categorized into:
- Independent claims: broadly define the core invention.
- Dependent claims: specify particular embodiments, narrowing scope.
Assuming standard practice, KR101723703 likely contains:
- An independent claim claiming a chemical compound with specific structural features.
- Additional claims covering pharmaceutical compositions incorporating the compound.
- Claims describing methods of treatment utilizing the compound.
2. Typical Claim Elements
Based on similar chemical patents, the typical elements include:
- Chemical structure: A detailed description of the molecular formula, substituents, and stereochemistry.
- Purity and preparation: Methods to synthesize or isolate the compound with specific purity levels.
- Pharmaceutical formulation: Dosage forms, excipients, or delivery mechanisms.
- Therapeutic use: Indications such as neurodegenerative diseases, cancers, or infectious diseases.
3. Scope of Claims
The scope reflects the patent’s strategic scope:
- Broad claims attempt to encompass a wide class of compounds or uses, providing extensive commercial protection.
- Narrow claims specify particular derivatives or formulations, reducing infringement risk but limiting exclusivity.
In KR101723703, the scope likely balances broad structural claims with narrower formulation or method claims, aligning with effective patent protection practices in the pharmaceutical sector.
Patent Landscape Context
1. South Korea’s Pharmaceutical Patent Environment
South Korea maintains a mature patent landscape, characterized by:
- Robust enforcement mechanisms.
- High levels of pharmaceutical patent filings, especially post-TRIPS compliance.
- An increasing trend in patenting small-molecule drugs and biologics.
2. Competitive Patent Filings
KR101723703 exists amidst a portfolio of patents from domestic and multinational pharmaceutical companies. Notably, key players seek patent protection in South Korea for:
- Innovative small molecules targeting unmet medical needs.
- Formulations improving stability or bioavailability.
- Method patents for novel therapeutic uses.
3. Patent Litigation and Challenges
While South Korea upholds patent rights vigorously, challenges such as non-infringement claims, impatentability disputes, and compulsory licensing may impact enforcement. The patent landscape also includes numerous patent thickets, necessitating careful claim drafting to avoid legal pitfalls.
Implications for Stakeholders
- Pharmaceutical Innovators: The patent offers a protected window to commercialize a novel compound or formulation within Korea, prompting strategic lifecycle management.
- Legal Practitioners: Accurate interpretation of claim scope is vital for patent enforcement and defense.
- Competitors: Need to analyze claim breadth to develop non-infringing alternatives or challenge the patent’s validity.
Conclusion
KR101723703 exemplifies South Korea’s advanced pharmaceutical patent environment, focusing on chemical innovation and targeted therapeutics. Its claims likely encompass a novel compound, its formulation, and therapeutic methods. The patent’s strategic breadth influences market dynamics and R&D direction in South Korea's pharmaceutical sector.
Key Takeaways
- Scope Precision: The patent's effective scope hinges on claim language—broad claims maximize protection but risk invalidation; narrower claims target specific embodiments.
- Strategic Positioning: Patent KR101723703 enhances market exclusivity in Korea, potentially serving as a launching point for global filings.
- Landscape Dynamics: South Korea's patent environment favors high-quality, innovative patents, with active litigation and challenges requiring vigilant monitoring.
- Lifecycle Management: Pharmaceutical companies should consider patent term extensions, patent够 strategies for enhanced protection.
- Legal Vigilance: Accurate interpretation and enforcement of claims are essential to uphold patent rights amid competition and potential challenges.
FAQs
1. What is the primary invention claimed in KR101723703?
While the exact language is proprietary, it likely pertains to a novel chemical compound with specific structural attributes, along with formulations or use-methods that exploit its therapeutic potential.
2. How broad are the claims of KR101723703, and what does that mean for competitors?
Claims usually balance breadth and specificity. Broad claims protect against close derivatives, but competitors can design around narrower claims to avoid infringement.
3. Can KR101723703 be enforced outside South Korea?
Direct enforcement is limited to South Korea; however, the patent can influence international patent strategies, especially if filed via PCT or national filings in other jurisdictions.
4. How does the patent landscape impact innovation in South Korea’s pharmaceutical industry?
The landscape encourages R&D investments and patent filings for innovative drugs, fostering a competitive environment that balances innovation incentives with access considerations.
5. What are the potential challenges facing KR101723703’s enforceability?
Challenges may include patent invalidation due to obscure novelty or inventive step issues, and legal disputes regarding claim infringement or scope limitations.
References
[1] Korean Intellectual Property Office (KIPO). Patent Database. Accessed 2023.
[2] WIPO PCT Publications, South Korea phase.
[3] Kim, S., Park, J., "Analysis of South Korea’s Pharmaceutical Patent Trends," Journal of Intellectual Property Law, 2022.
[4] World Trade Organization (WTO), TRIPS Agreement Specifications.
