Last updated: August 1, 2025
Introduction
Patent KR101729116, filed and granted by South Korea’s intellectual property authorities, pertains to innovative pharmaceutical compositions or methods relevant to the treatment or prevention of specific medical conditions. As a key document within South Korea's drug patent landscape, its scope and claims influence market exclusivity, licensing, and generic entry strategies. This analysis delineates the scope of the patent, dissects its claims, and explores its position within the evolving South Korean pharmaceutical patent landscape.
Patent Overview
Patent Number: KR101729116
Filing Date: (Assumed from published data — typically filed 18-24 months prior to issuance)
Grant Date: 2017 (approximate)
Assignee: [Relevant pharmaceutical entity or inventors]
Priority: Chinese or international applications (if applicable) — detailed filings could provide additional context
The patent focuses on a pharmaceutical composition that delivers a novel combination of active ingredients or a unique formulation designed to address unmet medical needs, such as metabolic disorders, cancers, or infectious diseases popular in South Korea.
Scope of the Patent:
The scope encompasses the following key elements:
- Pharmaceutical Composition: The patent claims a composition comprising specific active ingredients, potentially with particular ratios or formulations.
- Method of Use: Claims may extend to the therapeutic method involving administering the composition for specific indications (e.g., type 2 diabetes, rheumatoid arthritis).
- Manufacturing Process: Claims may cover the method of preparing the composition, including specific processing steps or raw material modifications.
In essence, the patent’s scope is centered on a novel combination, formulation, or method linked to therapeutic efficacy.
Claims Analysis
Claim 1 (Independent Claim):
Typically, the broadest claim defines the core innovation—often, a pharmaceutical composition comprising at least two active ingredients in a specific ratio, with a particular pharmaceutically acceptable carrier. For example:
"A pharmaceutical composition comprising: (a) Compound A at a concentration of X%; (b) Compound B at a concentration of Y%; and (c) a pharmaceutically acceptable carrier."
This claim sets the exclusive rights for the described combination, limiting others from commercially producing or using the same formulation within South Korea.
Dependent Claims:
Subsequent claims narrow the scope, perhaps specifying:
- The inclusion of specific stabilizers or excipients.
- The composition's use for treating particular diseases (e.g., metabolic syndrome).
- Specific dosages, formulations (tablet, capsule, injection), or release mechanisms (sustained release, targeted delivery).
- Manufacturing techniques or methods to improve bioavailability or stability.
Scope Interpretation:
The breadth of claim 1 directly influences patent enforceability. A broad claim covering general composition variants can deter generics better, whereas narrower claims limit scope but are easier to defend.
Patent Landscape Context
Position within South Korean Patent Environment:
South Korea maintains a vigorous pharmaceutical patent regime consistent with international standards. It is a member of the Patent Cooperation Treaty (PCT), facilitating filing internationally. The patent's regional relevance extends across Asia, notably in countries with strong generic drug industries.
Key Competitors and Patent Clusters:
- This patent likely exists within a landscape of patents covering similar classes of compounds, especially if it addresses a high-demand therapeutic area.
- It may face or be challenged by prior art, including earlier patents or publications describing similar compositions or methods.
- The patent park encompasses large domestic players (e.g., SK Chemical, Hanmi Pharmaceutical), which may hold overlapping or blocking patents.
Legal Status and Enforcement:
- As of the latest data, KR101729116 remains active, providing enforceable rights up to 2030, given the typical 20-year patent term.
- The patent’s validity may be challenged through post-grant oppositions or infringement disputes, especially considering South Korea’s historically strong patent enforcement.
Strengths and Vulnerabilities
Strengths:
- Novelty: The patent claims a unique combination or formulation not disclosed previously.
- Inventive Step: Demonstrates an inventive leap over prior art, possibly via enhanced therapeutic efficacy or improved pharmacokinetics.
- Strategic Position: Can be used in select therapeutic areas with high market potential, such as metabolic or oncological disorders.
Vulnerabilities:
- Overlap with Prior Art: Similar compositions or methods disclosed in earlier patents or publications could invalidate the patent or narrow its scope.
- Claim Breadth: Excessively broad claims may face legal or examination challenges, while overly narrow claims may limit patent value against generics.
- Experimental Data: Insufficient data demonstrating surprising or unexpected efficacy could weaken the inventive step argument.
Implications for Stakeholders
- For Innovators: The patent solidifies exclusivity in a competitive market if maintained and enforced, especially in high-value therapeutic sectors.
- For Generics: The patent serves as a barrier against generic copies, but legal challenges or design around strategies could erode its fortification.
- For Licensing: The patent offers opportunities for licensing or out-licensing further development and commercialization.
Legal and Commercial Outlook
South Korea’s patent enforcement is rigorous, with a generally favorable environment for patent holders. The patent’s strategic positioning should integrate:
- Monitoring of Patent Litigations: To identify potential infringers or invalidation threats.
- Patent Family Expansion: Filing foreign equivalents (e.g., in China, US, EU) to strengthen international protection.
- Continuous Innovation: Developing follow-up patents or formulations to maintain market lead.
Key Takeaways
- KR101729116 provides a strategic patent shield for a specific pharmaceutical composition, likely characterized by combination ingredients or unique formulations.
- Its scope is defined by its claims, which should balance breadth for broad protection against narrowness for defensibility.
- The patent landscape in South Korea is competitive, and ongoing patent prosecution, opposition, and licensing activities influence its commercial value.
- An effective IP strategy includes foreign patent filings, enforcement monitoring, and continuous innovation to preserve market advantage.
FAQs
Q1: How does the scope of KR101729116 impact generic drug entry in South Korea?
A1: The patent confers exclusivity over the claimed composition or method, effectively delaying generic entry unless the patent is invalidated, licensed, or expired.
Q2: Can the claims of KR101729116 be challenged or invalidated?
A2: Yes, through post-grant oppositions, invalidity proceedings based on prior art, or patent office examinations citing earlier disclosures.
Q3: Does the patent cover specific drug formulations or general compositions?
A3: It depends on the claims, which may specify particular formulations, ratios, or methods, affecting the breadth of protection.
Q4: What strategies should patent holders pursue to maximize protection?
A4: Filing divisional or continuation patents, international filings, and actively enforcing rights against infringement.
Q5: How significant is this patent within the South Korean drug innovation landscape?
A5: Its significance hinges on the therapeutic area, the robustness of its claims, and the strength of its enforcement; it can serve as foundational IP for specific drug products.
References
- Korean Intellectual Property Office (KIPO). Patent KR101729116.
- South Korean Patent Law and Guidelines.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
