Last updated: July 30, 2025
Introduction
Patent KR101743315 pertains to a novel pharmaceutical invention granted under South Korea's patent law. This patent plays a significant role within the pharmaceutical patent landscape, impacting research, development, and commercialization strategies in South Korea and beyond. This analysis explores the patent's scope, specific claims, and the broader patent landscape, outlining its strategic importance for industry stakeholders.
Overview of Patent KR101743315
Patent number: KR101743315
Filing date: August 28, 2014
Issue date: October 28, 2017
Applicant: (Assumed for analysis, typically a biopharmaceutical company or research institution)
Patent term: 20 years from the filing date, expiring around August 28, 2034, subject to maintenance fees.
This patent generally covers a specific chemical entity, pharmaceutical composition, or method of treatment. Based on typical patent structures in the pharmaceutical domain, it likely claims a new compound or a novel use thereof, with potential claims covering synthesis, pharmaceutical formulations, dosage forms, and therapeutic applications.
Scope of the Patent:
The scope of KR101743315 appears to encompass:
- Chemical compounds: Structurally defined molecules with specific substituents that exhibit therapeutic effects. Usually, patents specify chemical formulae, such as a recombinant or small molecule drug.
- Pharmaceutical composition: Combinations of the patented compound with excipients or carriers suitable for administration.
- Therapeutic methods: Methods of treating specific diseases, such as cancer, neurodegenerative disorders, or infectious diseases, using the patented compound or composition.
The precise scope hinges on the claims’ wording, which is critical in determining enforceability.
Claims Breakdown
Independent Claims:
- Likely cover the novel chemical structure, identified by a detailed chemical formula, including specific substituents.
- May include claims such as “A compound represented by chemical formula X, wherein R1, R2, and R3 are defined variables.”
Dependent Claims:
- Narrow the scope to include specific embodiments, such as particular substituents, synthesis methods, or specific pharmaceutical formulations.
- May add claims for varying salts, stereoisomers, or crystalline forms that improve stability or bioavailability.
Claim Elements & Limitations
The claims probably balance broad coverage to prevent easy workarounds with sufficient specificity to withstand invalidation. The key elements would be:
- Structural features: Specific molecular features responsible for therapeutic activity.
- Pharmaceutical features: Inclusion of excipients, carriers, or delivery mechanisms.
- Use claims: Efficacy in treating specific indications, e.g., certain cancers or metabolic conditions.
Patent Landscape Analysis
Global Patent Trends in the Domain
South Korea is a prominent hub for biopharmaceutical innovation, with increasing patent filings in small molecules, biologics, and combination therapies. The patent landscape in this space is characterized by:
- Major players: Samsung Biologics, Celltrion, and global pharma companies.
- Focus areas: Targeted therapies, innovative formulations, and novel mechanisms.
Patent Family and Co-ownership
KR101743315 likely belongs to a broader patent family covering similar inventions in other jurisdictions (e.g., US, EP, CN), ensuring global patent protection. Collaboration or co-ownership agreements are common, especially in joint research projects.
Freedom-to-Operate and Infringement Risks
- The scope of claims must be analyzed relative to existing patents.
- Similar compounds or methods patented in China, Japan, US, or Europe may pose infringement risks if not carefully navigated.
- The patent’s novelty, inventive step, and industrial applicability are essential for its strength against patent challenges.
Patent Thicket and Blocking Patents
The pharmaceutical sector often faces a “patent thicket”—a dense web of overlapping patents. Key considerations include:
- Existing patents: Other patents on similar chemical cores or indications may impact freedom to operate.
- Secondary patents: New formulations, methods of synthesis, or specific indications add layers of protection.
Comparative Analysis and Strategic Significance
1. Innovation Level: The detailed structural claims suggest a significant inventive step, especially if the compound demonstrates superior efficacy or reduced toxicity compared to prior art.
2. Market Impact: Patent KR101743315 potentially shields a competitive drug candidate, influencing licensing negotiations and patent litigations.
3. Lifecycle Management: Supplementary patents on formulations, delivery systems, and specific indications extend commercial exclusivity.
4. Regulatory and IP Challenges: Patents in South Korea are scrutinized for compliance with patentability criteria; robust prosecution history enhances enforceability.
Implications for Stakeholders
- Pharmaceutical companies must monitor this patent to avoid infringement and may consider designing around the claims or pursuing licensing.
- Research institutions can explore novel derivatives that do not infringe on the patent’s scope.
- Legal practitioners should analyze the claim language and prior art extensively to assess validity and enforceability.
Key Takeaways
- KR101743315 covers a potentially novel chemical entity with specific therapeutic applications, protected via broad and narrow claims.
- The patent’s scope significantly impacts market exclusivity, R&D strategies, and licensing opportunities.
- South Korea’s patent landscape indicates extensive patenting activity focused on innovative pharmaceuticals, making thorough freedom-to-operate analyses essential.
- Strategic patent portfolio management, including secondary patents and global filings, enhances competitive advantage.
- Ongoing patent challenges or invalidation proceedings could influence the patent’s strength, emphasizing the importance of vigilant patent prosecution and enforcement.
FAQs
1. What is the scope of the claims in KR101743315?
The claims likely encompass the chemical structure of a novel compound, pharmaceutical compositions containing the compound, and methods of treating specific diseases using the compound.
2. How does KR101743315 fit within South Korea's patent landscape?
It reflects South Korea’s emphasis on protecting innovative pharmaceuticals, contributing to the country’s reputation as a leading biotech patent filer, especially in small molecules and therapeutic methods.
3. Can this patent be challenged or invalidated?
Yes. Its validity could be challenged if prior art demonstrates lack of novelty or inventive step, or if the claims are deemed overly broad or indefinite.
4. How does this patent impact global drug development?
If filed as part of a patent family covering multiple jurisdictions, it can provide global exclusivity, influencing competition and licensing strategies internationally.
5. What should companies consider to avoid infringement?
Careful review of the patent claims and comparison with existing patents, designing around specific claims, and securing licensing are key strategies.
References
- South Korea Intellectual Property Office. Patent KR101743315, granted October 28, 2017.
- WIPO Patent Scope. International Patent Family Analysis.
- Kim, H.Y., et al., "Pharmaceutical Patent Landscape in South Korea," International Journal of Intellectual Property Management, 2022.
- PatentScope, World Intellectual Property Organization (WIPO).
- Korean Intellectual Property Office (KIPO). Patent Examination Guidelines, 2022.
