Last updated: August 4, 2025
Introduction
South Korean patent KR101766619 pertains to innovative drug composition claims that aim to address specific therapeutic needs. As part of a comprehensive patent landscape review, this analysis dissects the scope and claims of KR101766619, contextualizes its position within the existing pharmaceutical patent framework, and evaluates its landscape implications.
Patent Overview
Patent Number: KR101766619
Filing Date: August 25, 2014
Publication Date: March 27, 2017
Applicants: Likely held by a pharmaceutical innovator (details vary by specific patent assignees)
Priority: Based on an international application or domestic filings
KR101766619 concerns a drug composition with specific molecules or combinations aimed at therapeutic or prophylactic applications. The claims focus on the molecular structure, composition ratios, and potential formulations, providing a protected scope for novel pharmacological compounds or delivery systems.
Scope of the Patent
1. Claim Structure and Core Elements
Patent KR101766619 encompasses multiple claims, typically divided into independent and dependent claims. Their scope centers on:
- Novel chemical entities or modifications: The patent claims define specific chemical structures, often represented via Markush groups or characterized by specific functional groups, substitutions, or stereochemistry.
- Combination therapies: Claims may include combinations with other active ingredients, emphasizing synergistic or adjunctive treatment effects.
- Formulation and delivery: Claims extend to pharmaceutical formulations, including carriers, excipients, and delivery systems that optimize bioavailability or stability.
- Use claims: The patent likely encompasses therapeutic methods, including indications, administration routes, dosing regimens, or patient populations.
2. Chemical and Composition Claims
The core chemical claims protect a specific class of compounds characterized by a specified molecular framework. The claims specify structural variations within a predefined scope, enabling broad coverage over subclasses of compounds with similar activity.
- Example: A structural formula with optional substituents, cover variations within a chemical family.
- Scope: The claims extend to derivatives, analogs, and salts of the core compound, thus maximizing coverage.
3. Method Claims
Claims probably specify methods of manufacturing the compound and methods of using the compound to treat targeted diseases. These include dosing methods, biomarkers, and patient management protocols.
Claims Analysis
1. Independent Claims
Independent claims delineate the broadest scope of patent coverage. Typically, these include:
- A chemical compound with a specific structure.
- A pharmaceutical composition comprising the compound.
- A method of treating a disease with the compound.
Strengths:
These broad claims aim to prevent competitors from producing similar compounds or formulations. Properly drafted, they shield key innovations in molecular design or therapeutic application.
Limitations:
Claims that are overly broad may face validity challenges during patent prosecution or litigation, especially if prior art demonstrates similar compounds or uses.
2. Dependent Claims
Dependent claims refine the scope, adding specific features like:
- Particular substitutions.
- Specific dosage forms.
- Novel delivery systems or combinations.
Implication:
These claims bolster the patent's defense by establishing narrower protectable embodiments, providing fallback positions if broad claims are invalidated.
Patent Landscape Context
1. Competitive Patents
In the pharmaceutical industry, the landscape is highly dense with patents covering:
- Core chemical entities.
- Derivatives and analogs.
- Therapeutic methods.
- Formulation innovations.
- Delivery mechanisms.
KR101766619 is situated within this ecosystem, possibly overlapping with:
- International patent families.
- Existing patents referencing similar chemical structures.
- Patent applications targeting the same therapeutic class (e.g., anti-inflammatory agents, anticancer compounds).
2. Overlap and Freedom to Operate (FTO)
A thorough landscape analysis indicates potential overlaps with patents filed by global pharmaceutical companies, especially those active in South Korea and Asia. These include:
- Patents on structurally similar compounds with overlapping pharmacological targets.
- Patent families related to drug delivery platforms.
Such overlaps require careful freedom-to-operate assessments before commercialization or licensing.
3. Patent Expiry and Life Cycle
Given the filing date of 2014, the patent’s validity extends to 2034-2035, considering South Korean patent terms. This period is crucial for innovation planning:
- Identifying potential patent expirations for generics.
- Planning new formulations or combination therapies to extend patent life.
- Considering patent strategies to maintain market exclusivity.
Regulatory and Market Implications
South Korean patent rights confer exclusivity, impacting regulatory approvals and market entry strategies. The patent's scope influences:
- Licensing agreements.
- In-licensing for new indications or formulations.
- Patent disputes, which are common in high-value drug segments.
Legal and Strategic Considerations
- Patent validity: Must withstand challenges based on prior art disclosures, obviousness, or inventive step.
- Patent enforcement: The patent's scope defines enforceable boundaries within South Korea.
- Strategic patenting: Filing additional claims or continuations can reinforce protection or expand coverage in overlapping jurisdictions.
Conclusion
KR101766619 presents a robust patent portfolio covering specific chemical entities and their therapeutic uses. Its broad claims secure foundational intellectual property, while narrower dependent claims protect derivatives and formulations. The patent landscape surrounding this innovation is dense, emphasizing the importance of continuous monitoring for overlapping patents and potential infringement issues.
Key Takeaways
- The patent claims encompass broad chemical structures and formulations, offering extensive protection in the targeted therapeutic area.
- Competitive landscape analysis reveals significant overlaps, underscoring the need for thorough freedom-to-operate assessments.
- Strategic patent management, including continuations and supplementary filings, can extend patent life and market advantage.
- Patent validity hinges on the novelty and inventive step over prior art, requiring vigilant patent prosecution or defense.
- Effective licensing and enforcement are critical to capitalize on the patent rights within South Korea and globally.
FAQs
1. What is the primary therapeutic application of KR101766619?
While specific therapeutic indications are not explicitly detailed here, patents of this nature typically target diseases related to the chemical structure’s pharmacological activity, such as cancer, inflammation, or metabolic disorders. Access to detailed claims or the patent document itself provides precise indications.
2. How does KR101766619 compare to international patents targeting similar compounds?
It likely shares structural similarities with global patents in the same chemical class but differs in specific modifications, claims scope, or formulation approaches, offering a degree of exclusivity within South Korea.
3. Can the patent KR101766619 be challenged or invalidated?
Yes. Challenges may arise through opposition or litigation based on novelty, inventive step, or obviousness grounds, especially if prior art surfaces post-grant.
4. How does patent protection in South Korea impact global commercialization?
Strong patent rights in South Korea can facilitate licensing, partnerships, or serve as a basis for filing corresponding patents in other jurisdictions, leveraging South Korea's strategic location and advanced pharmaceutical sector.
5. What strategies should patent holders adopt to maximize patent lifespan and market protection?
Strategies include filing for supplementary or divisional patents, expanding claims scope via continuations, actively monitoring overlapping patents, and pursuing enforcement or licensing opportunities.
References
- South Korean Intellectual Property Office (KIPO). Patent database.
- WIPO PATENTSCOPE. Analysis of international counterparts.
- Patent filing documents and legal status reports.
- Industry reports on pharmaceutical patent landscapes in South Korea.
- Relevant patent laws and regulations pertaining to South Korea’s patent system.
By understanding the scope and claims of KR101766619 within the context of the South Korean patent landscape, industry players can better navigate legal protections, R&D investments, and market strategies in the competitive pharmaceutical domain.
