Last updated: August 11, 2025
Introduction
Patent KR101738502, issued by the Korean Intellectual Property Office (KIPO), represents a key intellectual property asset within the pharmaceutical sector. This patent delineates a specific chemical compound, formulation, or method intended for therapeutic application, contributing to South Korea’s robust biopharmaceutical patent landscape. Analyzing its scope and claims provides insights into its legal protections, potential commercialization, and the broader patent environment.
Scope of KR101738502
Legal boundaries
KR101738502 safeguards a defined invention, primarily focusing on a novel chemical entity, its derivatives, or specific formulations. Its scope encompasses:
- Chemical composition: The patent covers a specific compound or class of compounds, including structural formulas, stereochemistry, and derivatives defined within the claims.
- Method of synthesis: Certain claims may extend to processes for preparing the compound, including specific reaction steps, catalysts, or conditions.
- Therapeutic use: The patent may specify targeted treatment methods, disease indications, or medical applications involving the compound.
- Formulation and delivery: Claims might include pharmaceutical compositions comprising the compound, with specific carriers, excipients, or delivery systems.
The patent’s scope is carefully bounded to protect only the described embodiments, preventing others from manufacturing, using, or selling similar compounds or methods without infringing.
Analysis of Claims
Types of claims
KR101738502 likely contains multiple claim types, typical for pharmaceutical patents:
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Compound Claims
Claim example: "A compound of chemical formula X, wherein substituents are defined as..."
These are primary and establish the patent’s core protection. The breadth depends on how extensively structural variations are claimed.
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Method Claims
Covering a process for synthesizing the compound or for calculating its therapeutic effect.
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Use Claims
Protecting the application of the compound in specific disease states or conditions, often critical for patent validity in pharmaceuticals.
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Formulation Claims
Descriptions of pharmaceutical compositions containing the compound, including excipients or delivery methods.
Claim scope and breadth
- Broad claims: If the claims cover a wide structural class or multiple therapeutic indications, they provide extensive protection but risk facing validity challenges during patent examination or litigation.
- Narrow claims: Focused claims, such as specific derivatives or synthesis methods, are more defensible but limit enforcement scope.
Claim dependencies
Dependent claims further narrow the scope, often specifying preferred embodiments, specific substitution patterns, or formulation details, which enhances patent robustness.
Potential limitations
- Prior art considerations: The scope must be novel and non-obvious; overly broad claims risking invalidation if prior art disclosures exist.
- Patent term and doctrine of equivalents: Enforcement depends on whether variations fall within the scope of claims, considering equivalents.
Patent Landscape Analysis
Position within Korea and global context
KR101738502 aligns with the broader trend in South Korea’s pharmaceutical patent landscape, which emphasizes:
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Innovative chemical entities
The patent system supports extensive protection for new drugs, especially targeted therapies and biologics.
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Evergreening strategies
Companies often file multiple patents on derivatives, formulations, and methods to extend market exclusivity, a tactic evident in similar patents.
Comparison with international publications
- If this patent references or is related to international patents (e.g., US or EP counterparts), it indicates strategic global patent coverage.
- The patent’s filing date (likely around 2013-2015) suggests it is part of a wave of filings intended to secure early protection ahead of clinical trials or commercialization.
Patent family and continuation applications
- The patent may be part of a broader family, with continuation or divisional patents covering additional claims or modifications.
- Such patents provide a strategic buffer against litigation and patent cliffs.
Legal challenges and patentability
- The patent’s strength hinges on substantive examination for novelty and inventive step, amid dense prior art in chemical space.
- In South Korea, patent offices rigorously scrutinize pharmaceutical patents, requiring detailed disclosure and claims that strike a balance between breadth and specificity.
Implications for Stakeholders
Pharmaceutical companies
- The patent grants exclusive rights within South Korea, facilitating market entry and investment security.
- It creates a barrier for generic manufacturers, whose entry can be delayed until patent expiry or invalidation.
Generics and biosimilar manufacturers
- Must analyze claim scope to identify avenues for design around or challenge.
- Patent infringement risks necessitate legal clearance before product launch.
Investors and licensees
- The patent’s scope influences valuation, partnership strategies, and potential licensing agreements.
- Robust claims enhance licensing value, especially if the patent covers key therapeutic compounds.
Conclusions
KR101738502’s scope encompasses a specific chemical compound, its synthesis, use, and formulation, tailored for a therapeutic application. Its claims emphasize both compound-specific protections and use claims, serving as critical assets in South Korea’s competitive pharmaceutical landscape. The patent landscape indicates strategic filings aiming for broad protection while navigating prior art constraints.
Key Takeaways
- Precisely delineated claims are essential for enforcing patent rights and preventing inadvertent infringement.
- Strategic patent filing within South Korea involves balancing broad coverage with defensibility, particularly amid dense prior art.
- Patent family expansion enhances market exclusivity and offers countermeasures against patent challenges.
- Innovative formulations and uses can extend patent protections beyond the compound itself, securing longer market exclusivity.
- Proactive litigation and licensing strategies are vital for maximizing patent value amid intense competitive and legal scrutiny.
FAQs
1. What is the primary focus of patent KR101738502?
It protects a specific chemical compound, including its derivatives, synthesis methods, formulations, and therapeutic uses within South Korea.
2. Can this patent be licensed internationally?
While KR101738502 is a South Korean patent, its protections are geographically limited. For international licensing or protection, corresponding patents must be filed in other jurisdictions via PCT, EP, US, etc.
3. How does this patent influence generic drug market entry?
It establishes a legal barrier by granting exclusive rights, delaying generic entry unless the patent is challenged, expired, or invalidated.
4. What challenges could arise regarding this patent’s claims?
Challenges could stem from prior art or obviousness attacks, especially if the claims are broad. Patent examiners assess novelty and inventive step rigorously.
5. How can patent holders extend protection beyond the original patent?
By filing continuation, divisional, or new patent applications covering derivatives, formulations, or new uses, thereby strengthening the patent family.
References
- Korean Intellectual Property Office. (KR101738502) Patent Document.
- World Intellectual Property Organization. (PCT applications related to Korean patents).
- WIPO Patent Resources. (Insights into pharmaceutical patent strategies).
