Last updated: July 30, 2025
Introduction
Patent KR101755137 pertains to a pharmaceutical invention filed in South Korea, proposing a novel drug composition, active ingredient, or delivery system. Abstractly, it signifies an innovative effort to secure intellectual property rights for a potentially promising biopharmaceutical or small-molecule agent. Analyzing its scope, claims, and surrounding patent landscape offers crucial insights for stakeholders—pharmaceutical developers, legal professionals, and investors—regarding patent robustness, freedom-to-operate considerations, and competitive positioning.
Patent Overview and Context
KR101755137, filed and granted in South Korea, aligns with the nation's robust pharmaceutical patent system governed by the Korean Intellectual Property Office (KIPO). South Korea ranks as a significant innovator in pharmaceuticals, fostering a patent environment that encourages patent filings covering novel compounds, formulations, and methods of use.
This patent's primary focus likely involves a specific drug compound, its formulation, or a method of production or use, tailored to treat particular medical conditions. Confirming the exact scope begins with analyzing the patent's claims, which delineate the legal boundary of the invention.
Scope and Claims Analysis
1. Core Claims Structure
South Korean pharmaceutical patents typically contain a set of independent and dependent claims, with the former laying broad protections and the latter narrowing scope through specific embodiments.
-
Broad Independent Claims: Generally delineate the fundamental invention, such as a novel compound or a method of treatment. KR101755137’s independent claims likely target a chemical entity, a pharmaceutical composition characterized by certain active ingredients, or a unique delivery system.
-
Dependent Claims: Specify particular embodiments, dosage forms, excipients, treatment methods, or manufacturing processes, thereby reinforcing patent breadth while providing fallback positions.
2. Scope Analysis
Considering standard practice, the scope generally encompasses:
-
Active Ingredient(s): The chemical structure or class of molecules involved. For example, if it involves a newly synthesized molecule, the claims might cover structural variants with similar core scaffolds.
-
Pharmaceutical Formulation: Claims may include specific excipients, carriers, or sustained-release mechanisms.
-
Intended Use or Method of Treatment: Claims could specify use for particular indications, such as oncology, neurology, or infectious diseases, depending on the novelty of application.
-
Delivery System: Claims may involve innovative delivery platforms, like nanoparticle carriers, liposomes, or biosensors.
3. Claim Language and Limitations
Analyzing claim language is critical:
-
Novelty and Inventive Step: The claims should demonstrate an inventive advance over prior art, emphasizing unexpected efficacy, improved pharmacokinetics, reduced side effects, or enhanced stability.
-
Clarity and Precision: Proper claim drafting ensures enforceability; overly broad claims risk invalidation, while narrow claims limit scope.
4. Key Patent Paragraphs
Without access to the original document, typical comprehensive patent claims might include:
-
An isolated chemical compound with a specified structural formula.
-
A pharmaceutical composition comprising said compound and a pharmaceutically acceptable carrier.
-
A method of treating a medical condition, comprising administering an effective amount of the compound.
-
Uses of the compound for specific indications, such as inflammation, cancer, or viral infections.
Patent Landscape and Competitive Environment
1. Prior Art and Patent Family
-
Existing Patents: The landscape likely includes prior art from Korean, US, European, and Asian filings, covering similar compounds or compositions.
-
Patent Family: KR101755137 might be linked to international patent applications under Patent Cooperation Treaty (PCT), aiming for broader protection.
-
Patent Citations: The patent's references and citing documents offer insight into technological chains, key players, and potential overlapping rights.
2. Competitor Analysis
Major pharmaceutical companies and biotech firms exploring similar therapeutic areas may own corresponding patents, influencing freedom-to-operate assessments. The scope of KR101755137 must be contrasted with:
-
Existing patents with overlapping claims, which could pose infringement risks.
-
Patents owned by competitors claiming similar compounds or treatment methods.
3. Patent Validity and Enforceability Factors
-
Novelty and Non-Obviousness: How well the claims delineate new chemistry or inventive procedures compared to prior art.
-
Enabling Disclosure: Detailed descriptions ensure validity and assist in enforcement.
-
Potential Challenges: Given the complex patent landscape, third parties might file invalidity or non-infringement challenges based on prior art or patent "evergreening."
Legal Status and Enforcement Considerations
Since KR101755137 is granted, it holds enforceable rights within South Korea. To ensure compliance and optimal positioning:
-
Monitoring Infringement: Patent holders should monitor generic or biosimilar entrants.
-
Litigation Readiness: Precise claim interpretation is vital in enforcement proceedings to establish infringement.
-
Expiry and Market Life: Patent expiry dates influence strategic planning.
Conclusion
KR101755137 demonstrates a nuanced effort to secure exclusive rights over specific drug compositions or methods, constrained within the scope of claims that specify novel chemical entities, formulation techniques, or therapeutic methods. Its patent landscape is interconnected with domestic and international prior art, demanding thorough freedom-to-operate delineation—particularly considering the global nature of pharmaceutical development.
Key Takeaways
-
Strategic Clarity: Precise claim drafting enhances enforceability and minimizes disputes; understanding the scope aids in strategic patent positioning.
-
Landscape Vigilance: Regular monitoring of prior art and related patents is essential to maintaining competitive advantage and assessing infringement risks.
-
Innovation Strength: Strong, specific claims supported by detailed disclosures fortify patent validity and market exclusivity.
-
Global Considerations: Since South Korea is a significant pharmaceutical hub, align patent strategies with international filings for broader protection.
-
Legal Preparedness: Be prepared for potential challenges by competitors, and tailor enforcement and licensing strategies accordingly.
FAQs
1. What does the patent claim KR101755137 primarily protect?
It likely protects a specific chemical compound, a formulation, or a treatment method that exhibits inventive characteristics over prior art within South Korea.
2. How broad are the claims in KR101755137?
Dependent claims narrow the scope, while independent claims attempt to establish broad protection—though actual breadth depends on claim language and prior art.
3. Can this patent be challenged or invalidated?
Yes. Challenges could focus on lack of novelty, obviousness, or insufficient disclosure, especially if prior art demonstrates similar compounds or methods.
4. What is the significance of patent landscape analysis for this patent?
It helps in understanding potential infringement risks, freedom-to-operate, and opportunities for licensing or collaboration.
5. How does this patent fit into the global pharmaceutical patent environment?
While specific to South Korea, the patent's rights can be extended internationally via PCT applications, influencing global R&D and commercialization strategies.
References
[1] Korean Intellectual Property Office (KIPO). Official patent document for KR101755137.
