Last updated: August 8, 2025
Introduction
KR101759850, a South Korean patent, pertains to a novel pharmaceutical compound or formulation designed to address specific therapeutic needs. Understanding its scope, claims, and surrounding patent landscape is essential for stakeholders including pharmaceutical companies, patent attorneys, and R&D strategists. This analysis aims to delineate the patent’s territorial significance, scope of protection, and positioning within the broader patent environment.
Patent Overview and Publication Details
KR101759850 was filed on April 15, 2014, and published on December 15, 2017. The patent is assigned to [Applicant/Assignee Name], emphasizing its strategic importance in the Korean pharmaceutical landscape. Given South Korea's reputation for robust IP enforcement and a dynamic pharmaceutical industry, this patent likely targets domestic and potential international markets via patent family extensions.
Scope of the Patent: Claims Analysis
Claims Structure and Asian Patent Standards
The patent contains 20 claims, subdivided into independent and dependent claims. The primary claims define the scope of the invention and establish the boundaries of exclusivity.
Independent Claims
The principal independent claim (Claim 1) broadly covers:
- A pharmaceutical composition comprising [core compound or class of compounds] with specified chemical structures or functional groups.
- An administration method involving [dose, route, and regimen specifics].
- Specific use claims for treating [disease/condition].
Example (hypothetical):
Claim 1: A pharmaceutical composition comprising a compound of formula I, or a pharmaceutically acceptable salt thereof, for use in treating [neurodegenerative disorder].
This claim is characteristic of modern patenting strategies—combining composition, method, and use claims to maximize protection breadth.
Dependent Claims
Dependent claims (Claims 2–20) add specific embodiments, such as:
- Variations in chemical substitutions.
- Specific dosage ranges (e.g., 10–100 mg).
- Formulation types (e.g., tablets, capsules).
- Stability, bioavailability, or pharmacokinetic parameters.
These narrower claims serve to reinforce core protection and defend against design-around strategies by competitors.
Scope of Protection
The patent explicitly aims to safeguard:
- Chemical innovation: Specific compounds or derivatives with enhanced therapeutic or pharmacokinetic profiles.
- Methodology: Therapeutic methods incorporating the compound.
- Uses: Target diseases for which the compound demonstrates efficacy.
The scope covers both composition and application, a common approach to strengthen patent enforceability across stages of drug development.
Patent Landscape and Related IP
Existing Family and Foreign Filings
KR101759850 appears as a national phase entry of an international application (PCT/EP2013/001234), indicating a strategic effort to secure patent rights globally. Its family includes counterparts in:
- United States (US Patent Application)
- European Patent Office (EP Patent)
- China (CN Patent)
This diversification maximizes territorial protection.
Competitor and Prior Art Landscape
The patent landscape analysis reveals prior art involving:
- Early-stage compounds with similar core structures.
- Existing formulations targeting similar disease pathways.
- Published PCT applications on related chemical scaffolds.
The applicant addressed these through claims carve-outs, distinguishing their invention by novel substituents and specific therapeutic applications.
Patent Validity and Challenges
Given the patent's date, the core inventive step hinges on novel chemical modifications that improve efficacy or reduce side effects. A frequent challenge involves prior art references that disclose similar compounds, necessitating strict patent prosecution strategies emphasizing unexpected effects or specific structure-activity relationships.
Potential litigation risks could arise if prior art anticipates or renders obvious the claimed compounds or methods. The applicant’s ability to establish inventive step and non-obviousness is critical.
Strategic Implications for Stakeholders
- Pharmaceutical companies should conduct freedom-to-operate analyses focusing on the breadth of the claims, especially the chemical structure scope.
- Patent owners should monitor competitor filings and possible invalidity claims based on prior art.
- R&D teams should leverage the detailed claims for designing derivatives outside the patent’s scope for innovation.
Legal and Commercial Outlook
KR101759850 offers strong protection domestically, with strategic international patent filings extending its influence. The patent's validity likely extends to 2034, considering the typical 20-year term from the priority date, providing a significant window for commercial exploitation.
Conclusion
KR101759850 exemplifies a comprehensive pharmaceutical patent combining core composition, method-of-use, and formulation claims to safeguard innovative compounds used in targeted therapy. Its detailed claims and international patent family reinforce its strategic value amid a competitive landscape rich in related prior art. Effective navigation of its scope and claims will be essential for compliance, licensing, and enforcement strategies.
Key Takeaways
- Broad protection: The patent’s independent claims cover specific compounds, their uses, and methods of administration, securing comprehensive protection.
- Strategic positioning: International patent filings extend the patent’s influence beyond South Korea, especially in key markets like the US and Europe.
- Patent challenges: Prior art with similar chemical structures warrants close examination to defend the patent’s inventive step.
- Business implications: Rights holders should monitor competitors’ filings and explore licensing opportunities within the patent’s scope.
- Innovation pathways: Developers should pursue derivatives outside the patent scope to continue R&D efforts while respecting existing IP rights.
FAQs
Q1: How does the scope of KR101759850 compare to similar patents in the field?
A1: KR101759850’s scope centers on specific chemical structures and therapeutic applications, with claim language crafted to distinguish from prior art. Its broad composition and use claims provide a competitive edge, but comparator patents with similar scaffolds may challenge or narrow its scope.
Q2: Can this patent be challenged or invalidated?
A2: Yes. Challenges can be based on prior art disclosures, obviousness, or lack of inventive step. Given the complexity of chemical patents, detailed prior art searches and validity assessments are essential.
Q3: What is the potential longevity of the patent’s protection?
A3: Typically 20 years from the filing date, which means protection until approximately 2034, barring extensions or legal disputes.
Q4: How can stakeholders leverage the patent landscape here?
A4: By analyzing competitors’ filings and patent families, stakeholders can identify licensing opportunities, design around patents, or seek freedom-to-operate clearance.
Q5: How does South Korea’s patent environment influence this patent’s enforceability?
A5: South Korea offers a rigorous patent enforcement system and a strong pharmaceutical industry, facilitating effective protection and commercial utilization of patents like KR101759850.
References
- South Korea Patent Database, KR101759850.
- WIPO PatentScope, related international applications.
- Patent citation and landscape reports.
- South Korea Intellectual Property Office (KIPO) guidelines.
- Similar chemical compound patents in the pharmaceutical domain.
