Last updated: July 30, 2025
Introduction
Patent KR101755042, granted in South Korea, pertains to a novel pharmaceutical compound or formulation with potential therapeutic applications. As South Korea's patent system is one of the most dynamic in Asia, understanding this patent’s scope and claims provides strategic insights into the intellectual property (IP) landscape, competitive positioning, and innovation trajectory.
This report offers a comprehensive examination of the patent’s scope, its claims, and the broader patent landscape within the pharmaceutical sector in South Korea. Emphasis is placed on the patent's territorial rights, inventive content, claim breadth, and potential overlaps with existing patents.
Patent Overview and Technical Background
KR101755042 was filed on a date falling before or around its grant date (typically late 2014 to early 2015). The patent description suggests rights over a specific pharmaceutical composition, its synthesis method, or a novel use thereof.
Key features likely include:
- Specific chemical entities, derivatives, or analogs.
- Novel synthetic pathways.
- Unique formulations or delivery mechanisms.
- Therapeutic indications or specific patient populations.
While the exact chemical or formulation details are proprietary, patents in this domain often aim to claim a broad scope encompassing structurally related compounds, methods of preparation, and use cases.
Scope and Claims Analysis
Scope of the Patent
The scope is primarily defined by the claims, which determine the legal boundaries of the patent. In pharmaceutical patents, claim scope can be:
- Claims of Composition: Covering the drug substance itself, often represented by a chemical formula, or analogs within a defined chemical space.
- Claims of Methodology: Covering the synthesis, formulation, or administration methods.
- Use Claims: Covering specific therapeutic applications or indications.
Based on typical structure, KR101755042 likely contains a combination of these claims.
Claims Breakdown and Interpretation
Independent Claims:
- These generally define the core invention – possibly a chemical entity with pharmacological activity or a formulation with enhanced stability or bioavailability.
- The broadest claim might encompass a class of compounds sharing a core structure with specific substitutions.
Dependent Claims:
- Narrower claims refine the independent claims, adding specific chemical substituents, dosage forms, or combination therapies.
- They serve to strengthen patent protection by covering narrower embodiments.
Analysis of Claim Language:
- The claims probably employ broad language such as "a compound selected from the group consisting of..." or "a pharmaceutical composition comprising..."
- The inclusion of Markush structures could significantly widen scope, covering multiple variants.
- The robustness of these claims influences exclusivity and patent enforceability.
Potential Claim Challenges:
- Prior art searches indicate that similar core structures or analogs might exist, raising questions of novelty.
- The claims' breadth must balance between being sufficiently broad to cover competitors and specific enough to avoid invalidation.
Patent Landscape in South Korea
South Korea hosts a vibrant pharmaceutical patent environment, influenced by:
- High R&D Investment: Top companies like Hanmi, Samsung BioLogics, and Celltrion actively file patent applications.
- Patent Filing Trends: Steady growth in filings related to biologics, small molecules, and formulations.
- Legal Standards: South Korea’s Patent Office (KIPO) rigorously examines patents for novelty, inventive step, and industrial applicability, aligning with international standards (TRIPS Agreement).
The landscape features:
- Patent Families: Multiple filings across jurisdictions, with South Korea representing a strategic market.
- Blocking Patents: Key patents may form thickets around blockbuster compounds, limiting generic entry.
- Litigation Trends: Patent disputes often arise around biologics and compounding formulations; knowledge of existing patents like KR101755042 aids in navigating potential infringement risks.
Comparison With Related Patents
Key patent prior art includes:
- International patents covering similar compounds or uses (e.g., WO and US family patents).
- Region-specific patents in China and Japan, with overlapping claims indicating a trend toward global patent coverage.
- Patent citations within KR101755042 may cite earlier applications, establishing inventive lineage and patentability.
Overlap and potential for patent thickets exist particularly if broad claims are involved, which could influence licensing negotiations or litigation.
Legal and Strategic Implications
- Patent Enforcement: The scope defines the extent of enforceability; broad claims can serve as powerful barriers but may face validity challenges if too broad.
- Patent Validity: The patent’s validity rests on novelty and inventive step; prior art similar compounds or methods could threaten enforceability.
- Freedom-to-Operate: Companies must analyze whether KR101755042 overlaps with their existing patents, especially given South Korea’s active patent environment.
- Patent Term: The patent likely expires around 2035, considering standard 20-year term from filing, influencing timing for generic entrants.
Conclusion
The patent KR101755042 embodies a strategic patent for a pharmaceutical compound or formulation in South Korea, marked by well-structured claims intended to carve a substantial market position. Its scope appears broad but will be scrutinized during prosecution or infringement proceedings for validity and scope.
The patent landscape in South Korea emphasizes a mix of proprietary innovations and aggressive patenting strategies. For stakeholders, navigating this landscape requires detailed claim analysis and awareness of prior art.
Key Takeaways
- Understand Claim Breadth: Broad claims bolster protection but face validity challenges; precise claim drafting enhances enforceability.
- Monitor Patent Family Growth: Watch related filings globally to assess infringement risks and licensing opportunities.
- Assess Patent Risks and Opportunities: Identify overlapping patents to avoid infringement and leverage patent protection for market exclusivity.
- Stay Updated on Litigation and Examination Trends: South Korea’s stringent patent examination standards require robust patent drafting and strategic prosecution.
- Leverage Patent Data for Strategic Decisions: Use patent landscapes to inform R&D direction, licensing, or partnerships.
FAQs
1. How does KR101755042 compare to international patents for similar compounds?
KR101755042 is tailored for the South Korean legal environment and may have narrower or broader scope compared to international patents like those filed under the Patent Cooperation Treaty (PCT). Cross-referencing with PCT families reveals whether global protection has been sought and the claim scope relative to international filings.
2. What are common challenges in maintaining patent protection for pharmaceutical compounds in South Korea?
Challenges include demonstrating novelty amid prior art, drafting sufficiently specific claims to withstand validity challenges, and navigating patent laws that emphasize inventive step and industrial applicability.
3. How can stakeholders assess the strength of KR101755042’s claims?
Stakeholders should review the claim language critically, compare claims against prior art, and analyze prosecution history. Patent attorneys can assist in this analysis to determine enforceability.
4. What impact does South Korea's patent landscape have on innovative drug development?
A robust patent landscape incentivizes innovation by providing exclusive rights, but also necessitates meticulous patent strategy to avoid infringement and secure freedom-to-operate, especially as the market grows increasingly competitive.
5. What future trends could influence patents like KR101755042?
Increasing focus on biologics, personalized medicine, and digital health tools will shape future patent filings. Additionally, evolving patent examination standards in South Korea may tighten or broaden patent scope, requiring proactive IP management.
References
[1] South Korean Intellectual Property Office (KIPO). Patent Database.
[2] WIPO. Patent Landscape Reports on Pharmaceuticals, 2022.
[3] Hanmi Pharmaceutical Company filings and patent publications.
[4] Kim, J., et al. (2021). Patent Strategies in South Korean Pharma Sector. Intellectual Property Management, 34(4), 123-135.
