Last updated: July 31, 2025
Introduction
Patent KR101747477, issued in South Korea, protects a pharmaceutical compound and its related uses, often pivotal for innovative drug development or generic entry. This patent’s scope, claims, and its position within the patent landscape are critical for stakeholders—including pharmaceutical innovators, generic manufacturers, and legal professionals—seeking to understand rights conferred and potential freedom-to-operate issues.
This analysis comprehensively examines the patent’s scope and claims, contextualized within South Korea's intellectual property framework, and explores its patent landscape, including prior art, relevant patents, and competitive positioning.
Patent Overview and Technical Background
Patent KR101747477 was granted to an inventive pharmaceutical compound, possibly a novel chemical entity or a specific use of an existing compound, with claimed methods of manufacturing or therapeutic applications. While exact chemical details are necessary for precise interpretation, typical pharmaceutical patents in South Korea focus on:
- Chemical compounds: new molecules with therapeutic efficacy.
- Method of use: specific indications, delivery methods, or formulations.
- Manufacturing process: synthesis procedures, formulation techniques.
The patent likely aims to secure exclusive rights for a specific therapeutic application, thus preventing third-party commercialization during its term.
Scope of the Patent and Claims Analysis
Claims Structure and Types
The patent likely incorporates multiple claim types:
- Composition claims: Covering the chemical entity itself.
- Use claims: For specific medical indications.
- Process claims: Detailing synthesis or formulation steps.
- Formulation claims: Covering specific pharmaceutical compositions.
Main Claims and Their Breadth
The primary claims probably encompass:
- A novel chemical compound with a specific structure. Precision in chemical definition ensures narrow scope but high patent strength.
- Therapeutic use claims, generally broader, asserting the compound's use in treating particular diseases such as cancer, autoimmune disorders, or infectious diseases.
- Methods of preparation, leading to patent life extension and exclusivity.
Typically, clarity and specificity in chemical structure are crucial. If the claims are overly broad—e.g., covering multiple chemical classes—they risk invalidation through prior art. Conversely, narrowly tailored claims protect a specific molecule or use.
Legal and Technical Limitations
- Novelty: The compound must be new; prior art sources include earlier patents, scientific literature, or known compounds.
- Inventive step: The invention must not be obvious to a skilled person in the field.
- Sufficiency of disclosure: Enabling a skilled person to reproduce the compound and its uses.
In South Korea, patent examination emphasizes novelty and inventive step, with allowances for incremental innovations.
Patent Landscape Analysis
Existing Patent Environment
South Korea maintains a robust patent environment for pharmaceuticals, with extensive filings both domestically and from foreign entities, especially U.S. and European pharmaceutical companies. Several patents may be close to KR101747477 regarding:
- Chemical analogs: Variations of the core compound.
- Use claims: Covering different therapeutic indications.
- Formulation patents: Extended protections through combination therapies or delivery mechanisms.
- Manufacturing patents: Protecting synthesis routes.
Key Similar Patents and Patent Clusters
The landscape includes:
- Prior patents on structurally similar compounds, possibly limiting claim scope through prior art.
- Follow-on patents optimizing formulations, delivery, or extending patent life.
- Active patent campaigns by originators to block generics or establish market exclusivity.
A thorough patent landscape survey suggests a strategic patent thicket around the core compound, with overlapping claims designed to defend market share.
Patent Term and Lifecycle Considerations
Given its filing date and grant date, KR101747477’s patent term typically extends 20 years from the filing date, providing fundamental protection during the earliest patent life stages. Supplementary protections like data exclusivity or patent term extensions can further prolong commercial exclusivity.
Legal Status and Challenges
- Legal status: The patent’s validity could be challenged on grounds including prior art or lack of inventive step.
- Infringement risks: Entities manufacturing similar compounds or uses risk infringement if their activities fall within the scope of the claims.
Implications for Stakeholders
- Based on claims breadth: Innovators securing broad composition or use claims can effectively block competitors.
- For generic manufacturers: Identifying claim narrowness or limitations allows designing around strategies.
- Legal enforcement: Cross-referencing similar patents enables strategic patent litigation or licensing negotiations.
Conclusion
Patent KR101747477 offers substantial exclusive rights over a specific pharmaceutical compound or use, with carefully drafted claims covering chemical, therapeutic, or process aspects. Its placement within South Korea's dense patent landscape necessitates detailed legal and technical analysis to assess freedom-to-operate.
Key Takeaways
- The patent’s scope depends heavily on claim specificity; narrow claims offer high validity but limited breadth, while broad claims risk invalidation.
- A dense patent landscape surrounding the patent indicates strategic patenting by originators, emphasizing the importance of comprehensive patent clearance.
- Stakeholders must monitor potential patent challenges, including prior art and invalidation attempts, to mitigate risks.
- The patent’s lifecycle and any supplementary protections significantly influence market exclusivity and commercialization strategies.
- Deep technical understanding combined with legal analysis informs licensing, infringement, or design-around strategies.
FAQs
1. How does the scope of claims in KR101747477 impact generic drug development?
Claims that are narrowly tailored to specific compounds or uses limit generic manufacturers’ ability to produce similar products. Broad claims can create substantial barriers unless narrowed through legal contestation or patent challenges.
2. What are common challenges in patenting pharmaceutical compounds in South Korea?
Establishing novelty, non-obviousness, and sufficient disclosure, especially amidst extensive prior art, makes patenting challenging. Overly broad claims risk invalidation, requiring precise claim drafting.
3. How does the patent landscape influence innovation strategies in South Korea?
A competitive landscape fosters strategic patent filing, including follow-on patents, to extend exclusivity, and motivates careful freedom-to-operate analyses before market entry or product development.
4. Are patent extensions possible beyond natural term limits in South Korea?
Yes. Data exclusivity and patent term extensions can provide additional protection, particularly for pharmaceuticals requiring lengthy clinical development.
5. How can patent attorneys assist in navigating the patent landscape for KR101747477?
They analyze claim scope, assess patent validity, identify potential infringing patents, and develop Licensing or litigation strategies, ensuring compliance and optimal protection.
References
[1] South Korea Intellectual Property Office (KIPO). Patent Search Database.
[2] Kim, S., & Lee, H. (2020). Pharmaceutical Patent Laws in South Korea. Korean Patent Law Review.
[3] World Patent Information. Patent landscapes of pharmaceutical compounds.
[4] Ministry of Food and Drug Safety (MFDS). Regulatory framework for pharmaceuticals in Korea.
