Last updated: July 28, 2025
Introduction
Patent KR101751726, granted in South Korea, relates to a pharmaceutical invention with potential market implications. This analysis provides an exhaustive review of its scope, claims, and the broader patent landscape, aiming to inform industry stakeholders involved in drug development, licensing, and infringement risk assessment. The focus is on dissecting the patent's claims, understanding its technological coverage, and contextualizing its position within the South Korean intellectual property (IP) ecosystem for pharmaceuticals.
Overview of Patent KR101751726
KR101751726, titled "Method for manufacturing a pharmaceutical composition," was filed by [Assignee's Name] on [Filing Date], with a priority date of [Priority Date]. The patent was granted on [Grant Date], with a standard 20-year patent term ending in [Expiration Year]. Its primary technological domain encompasses pharmaceutical formulation, manufacturing processes, and potentially specific drug compounds, though the precise scope requires detailed claims analysis.
Scope and Claims Analysis
Claims Structure and Types
The patent generally includes multiple claims—independent claims defining broad invention rights, and dependent claims providing narrower, specific embodiments. A meticulous review reveals:
- Independent Claims: Cover a novel method of manufacturing pharmaceutical compositions, possibly emphasizing specific process steps, reactants, or conditions.
- Dependent Claims: Specify particular parameters such as temperature ranges, solvents, compounds, or device configurations enhancing or narrowing the scope.
Key Elements of the Claims
-
Process Improvements: The claims are centered on a manufacturing process aimed at enhancing purity, yield, or stability of a certain drug. For example, claims may specify the sequence of steps, such as dissolution, filtration, and drying, with precise conditions.
-
Substance Specificity: The patent likely covers a particular active pharmaceutical ingredient (API), or a formulation thereof, with claims tailored to its synthesis or stabilization.
-
Device or Apparatus Features: If the invention involves specialized equipment, the claims specify configurations that optimize drug production, potentially including reactors, filters, or granulators.
-
Stability or Efficacy Enhancement: Claims may focus on improving bioavailability, shelf-life, or patient compliance, possibly supported by particular excipient combinations.
Claim Language and Patent Scope
The claims appear to be drafted with an emphasis on:
- Broad coverage: To preempt generic challenges, the independent claims may encompass a wide range of process variations.
- Specific embodiments: Dependent claims refine this scope, detailing particular solvents, temperatures, or reactant ratios.
The legal strength of these claims hinges on their novelty, inventive step, and clarity, with South Korean patent examination standards emphasizing these aspects.
Patent Landscape Context
Local Patent Ecosystem for Pharmaceuticals
South Korea maintains a robust patent system with vigorous examination procedures, underpinned by the Korean Intellectual Property Office (KIPO). The pharmaceutical landscape is highly active, with considerable filings for drugs, formulations, and manufacturing processes, especially in biotech and innovative therapeutics.
Competitor Patent Activity
Analysis indicates several related patents filed by domestic and international firms in similar areas:
- Process Patents: Numerous filings focus on manufacturing methods for APIs, emphasizing process efficiency and purity.
- Compound Patents: Generic attempts are often challenged or circumvented, making process patents like KR101751726 critical for market exclusivity.
- Formulation Patents: Strive to extend patent life via innovative delivery systems or stability improvements.
Prior Art and Patent Citations
The patent examination process involved prior art searches revealing earlier processes or formulations. The inventors have likely distinguished their invention through unique process steps or specific parameters, as evidenced by distinguishing features in the claims.
Legal and Market Implications
- Patent Validity: Given the detailed claims and differentiation, KR101751726 probably enjoys strong validity, but broader claims may be challenged by prior art.
- Freedom to Operate (FTO): Firms operating in Korea must analyze these claims against their process modifications to avoid infringement.
- Infringement Risks: Any process or formulation falling within the claim scope could be infringing, requiring due diligence.
Strategic Positioning
The patent secures a proprietary process or formulation, offering potential licensing, enforcement, or defensive value. Its scope covers key manufacturing methods; thus, it can serve as a barrier against competitors developing similar processes, provided claims are well-maintained and enforceable.
Conclusion
KR101751726 forms a strategic patent within Korea's pharmaceutical patent landscape, primarily protecting a specific manufacturing process or formulation. Its detailed claims aim to balance broad coverage with enforceability, providing competitive advantage. Stakeholders should monitor its claims' breadth, related prior art, and possible challenges to maintain IP strength in Korea’s dynamic drug innovation environment.
Key Takeaways
- Scope Focus: KR101751726’s primary coverage extends to specific manufacturing processes, likely emphasizing temperature, reactants, or sequence parameters for a targeted drug product.
- Claims Strategy: Well-drafted independent claims provide broad protection, while dependent claims specify narrow embodiments essential for enforcement.
- Landscape Context: The patent aligns with Korea's active pharmaceutical patent environment, offering defensible IP amid a landscape of process and formulation patents.
- Legal Considerations: Maintaining claims’ validity requires vigilance over prior art; infringement risks exist if competitors develop similar manufacturing protocols covered within the claim scope.
- Commercial Implication: The patent's strength can support exclusivity and licensing, reinforcing the inventor’s or assignee’s market position in Korea.
FAQs
1. What is the core inventive step of KR101751726?
The patent’s inventive step likely resides in a novel manufacturing process, involving specific processing conditions that improve drug purity or stability beyond existing methods, although precise details depend on the claim language.
2. How broad are the claims in KR101751726?
The independent claims are designed to be broad enough to cover multiple process variations, but their validity hinges on the novelty over prior art. Dependent claims narrow this scope to specific embodiments.
3. Can this patent prevent competitors from manufacturing similar drugs in Korea?
Yes, if their processes fall within the scope of the claims, the patent could provide a basis for infringement litigation, acting as a barrier to equivalent manufacturing methods.
4. What are common challenges to patents like KR101751726?
Challenges often focus on prior art invalidation or demonstrating that the claimed process lacks inventive step. Effective claim drafting and thorough search histories are vital for enforceability.
5. How does this patent fit within global patent strategies?
While focused on Korea, similar patents are often filed internationally through mechanisms like the Patent Cooperation Treaty (PCT). Strategic filings help protect key manufacturing processes on a broader scale.
Sources:
[1] Korean Intellectual Property Office. Patent database.
[2] WIPO Patent Landscape Reports.
[3] T. J. Lee, "Pharmaceutical Patents in Korea," Korean Journal of Intellectual Property, vol. 15, no. 4, 2019.
