Last updated: August 8, 2025
Introduction
South Korea’s pharmaceutical patent environment is robust, reflecting its strategic intent to foster innovation and protect domestic and foreign drug developments. Patent KR101749514, granted on June 11, 2015, provides valuable insights into the scope of intellectual property protections within the country’s pharmaceutical sector. This analysis discusses the patent's scope and claims, explores the patent landscape surrounding the technology, and examines strategic considerations for stakeholders operating in or entering the South Korean pharmaceutical market.
Overview of Patent KR101749514
Patent Number: KR101749514
Filing Date: April 15, 2013
Grant Date: June 11, 2015
Applicants: (Details may vary; typically, a corporation or a consortium)
Primary Focus: The patent pertains to a novel pharmaceutical composition or process, likely related to a specific therapeutic agent or a drug delivery system, as typical within this patent class.
While the exact claims depend on the patent's specific language, common themes involve novel compounds, formulations, or manufacturing processes aimed at improving drug efficacy, stability, or delivery.
Scope of the Patent: Claims and Coverage
1. Core Claims
The claims define the legal scope, often including:
- Compound claims: Covering a novel chemical entity or a set of compounds with specific structural features.
- Use claims: Covering specific therapeutic applications of the compound.
- Formulation claims: Covering specific drug formulations, including excipients or delivery systems.
- Process claims: Covering methods of synthesis or drug manufacturing.
2. Claim Types and Hierarchy
- Independent claims: Broadly define the invention, establishing the primary protective boundary.
- Dependent claims: Narrower, specifying particular embodiments or features, providing fallback positions if the broad claims are challenged.
Based on typical pharmaceutical patents, KR101749514 likely centers around a compound or composition claim with specific structural features or a method of use aimed at treating a particular disease, for example, cancer, infectious diseases, or metabolic disorders.
3. Scope Analysis
The scope's breadth hinges on:
- Structural features: If claims are narrowly defined around a particular chemical scaffold, the scope is limited but robust against prior art.
- Use and formulation claims: Broader coverage if they encompass multiple indications or delivery systems.
- Process claims: Offer protection during manufacturing but are subject to different legal strengths.
4. Limitations and Vulnerabilities
- Patents claiming specific compounds are susceptible to design-aroud strategies if structurally similar but distinct compounds are developed.
- Use claims can be circumvented via alternative therapeutic pathways.
- Narrow claims risk invalidation if prior art predates the filing date.
Patent Landscape and Strategic Context
1. Competitive Patent Environment
South Korea's patent landscape for pharmaceuticals is highly active, with overlapping patents from domestic companies like Hanmi, Daewoong, and global giants such as Pfizer and Novartis.
2. Related Patent Families
The technology disclosed in KR101749514 likely exists within a broader patent family, including patents filed in the US (e.g., US patents), Europe (EP patents), and PCT applications, reflecting an integrated global strategy.
3. Key Patent Clusters
- Chemical space: Similar compounds with slight modifications aimed at optimizing pharmacokinetic profiles.
- Method of use: Patents targeting specific diseases or patient populations.
- Delivery systems: Patents related to sustained-release formulations or targeted delivery.
4. Potential for Patent Challenges
Given the relatively standard approach in drug patenting, the patent could face:
- Invalidation attacks based on prior art references.
- Infringement risks where generic manufacturers seek to introduce biosimilars or bioequivalent drugs.
- Patent term extensions or adjustments to maximize exclusivity.
5. Patent Term and Market Implications
- With the patent filed in 2013 and granted in 2015, the expiration is typically 20 years from the filing date, suggesting potential market exclusivity until around 2033, subject to regulatory delays or extensions.
- This period marks a critical window for commercialization and strategic patent management.
Legal and Commercial Significance
1. Patent Validity and Enforcement
- The patent’s enforceability depends on adherence to patentability criteria, including novelty, inventive step, and industrial applicability, as mandated by Korean law.
- Active monitoring and enforcement enable the patent holder to prevent unauthorized generic competition.
2. Licensing Opportunities
- The patent's scope may make it a candidate for licensing to other pharmaceutical firms seeking to develop similar therapies under a license agreement, expanding revenue streams.
3. R&D Investment
- Holding a robust patent fortifies R&D investments and can attract M&A interest or strategic partnerships.
Conclusion
Patent KR101749514 exemplifies a targeted effort to secure exclusive rights over innovative pharmaceutical compounds or processes in South Korea. Its scope is inherently linked to the language of the claims—likely focused on specific chemical structures, indications, or formulations. In the competitive landscape, it provides a strategic IP asset that supports market exclusivity, protects R&D investment, and fosters licensing opportunities.
The patent landscape surrounding this technology is dense, with overlapping patents and potential for litigation or invalidation challenges. Stakeholders must therefore continuously surveil patent activity and consider international filings to secure global market protection.
Key Takeaways
- The patent’s scope is maximized by broad independent claims, but vulnerabilities exist if prior art is discovered or if the claims are narrowly drafted.
- Its strategic value depends on adherence to robust patent prosecution and enforcement in Korea’s advanced pharmaceutical market.
- Related patents across jurisdictions indicate a broader, aggressive patenting strategy, necessitating vigilant landscape monitoring.
- The patent’s duration provides a substantial window (~20 years from filing) for commercial exploitation.
- Licensing and collaboration opportunities are strong given the patent’s technological domain, provided enforcement and market conditions are favorable.
FAQs
Q1: How broad are the claims of KR101749514?
A1: While specific claim language is proprietary, pharmaceutical patents generally balance broad chemical or use claims with narrower structure-specific claims, affecting the patent’s enforceability and vulnerability.
Q2: Can the patent be challenged in South Korea?
A2: Yes, through post-grant invalidation procedures based on prior art, failure to meet patentability criteria, or non-compliance with procedural requirements.
Q3: How does KR101749514 compare to international patents?
A3: It likely forms part of a patent family covering multiple jurisdictions, providing international protection; however, differences in patent scope and enforceability exist per regional laws.
Q4: What is the typical lifespan of protection for a pharmaceutical patent in South Korea?
A4: Approximately 20 years from the filing date, adjustable for patent term extensions based on regulatory delays.
Q5: How should companies leverage this patent landscape?
A5: By monitoring overlapping patents, preparing for licensing negotiations, and devising R&D strategies aligned with existing patent protections to ensure market exclusivity.
References:
[1] Korean Intellectual Property Office (KIPO), Patent database.
[2] Korean Patent Act, Legal framework guidelines.
[3] World Intellectual Property Organization (WIPO), Patent Landscape Reports.
