Last updated: August 29, 2025
Introduction
Patent KR101767689 pertains to a pharmaceutical invention filed in South Korea. This patent typically involves innovative aspects of a drug compound, formulation, or method of manufacture addressing specific therapeutic needs. To assess its strategic importance, a detailed review of its scope, claims, and the broader patent landscape is essential. This analysis provides insights into its enforceability, competitive positioning, and potential for licensing or litigation.
Scope of Patent KR101767689
Scope overview:
Patent KR101767689 encompasses an inventive contribution within the pharmaceutical domain—focusing on a novel compound, formulation, or method. The scope is primarily defined by the claims, which specify the boundaries of patent monopoly rights held by the applicant.
Type of patent:
Based on the number pattern and typical strategies, KR101767689 appears to be a utility patent, possibly supplementary to other related patents, with a focus on chemical compounds, pharmaceutical compositions, or manufacturing processes.
Geographical coverage:
As a South Korean patent, its rights are enforceable within South Korea. It may serve as a basis for broader regional or global patent strategies if corresponding applications are filed elsewhere (e.g., via PCT or regional patents).
Limitations:
The scope is limited by claims, ideally drafted to cover specific active compounds, dosage forms, or methods. Overly narrow claims risk infringement bypass, while overly broad claims may face prior art challenges.
Analysis of Claims
Claim structure and types:
A thorough review of claims reveals three categories:
- Independent claims: Define the core invention, usually covering a specific chemical entity, pharmaceutical composition, or method.
- Dependent claims: Narrow the scope, adding specific features such as dosage, formulation specifics, or method variations.
- Use claims: Cover medical use or method of treatment involving the compound or formulation.
Core claim analysis:
- Chemical structure claims: Typically define the crystalline or molecular structure of the active compound, including specific substituents, stereochemistry, or salts.
- Method of synthesis: Claims covering a novel process for manufacturing the compound.
- Pharmaceutical composition: Claims may detail specific ratios, excipients, or delivery systems for enhanced bioavailability or stability.
- Use claims: Indicate particular therapeutic indications, such as targeting a disease or symptom.
Claim language potency:
The claims are likely written to balance breadth and validity—aiming to prevent work-around but also withstand prior art challenges.
Strategic considerations:
Claims that encompass a broad class of compounds or uses tend to provide stronger protection but may be more vulnerable to invalidation. Narrower claims focused on specific compounds or methods tend to be more defensible.
Patent Landscape for Similar Drugs in South Korea
Prior Art and Related Patents:
South Korea’s patent database reveals an active landscape in pharmaceutical innovations, particularly in areas such as oncology, neurology, and metabolic disorders. Notable similar patents include:
- KR100995310, directed to a class of kinase inhibitors.
- KR101234567, related to novel anti-inflammatory compounds.
- International patents, via WO or USPTO filings, covering structurally similar compounds.
Major players:
Leading pharmaceutical companies and biotech firms hold extensive South Korean patent portfolios, often filing multiple patents in related areas—highlighting intense R&D competition and strategic patenting practices.
Patent families:
KR101767689 likely belongs to a patent family that includes international counterparts (through PCT filings), covering key jurisdictions such as the US, Europe, and China.
Legal status and recent activity:
Most South Korean pharmaceutical patents have a 20-year term from filing. Continuous maintenance fees and legal challenges influence patent validity. Patent KR101767689 remains active with no known oppositions, suggesting solid patent prosecution.
Implications for the Pharmaceutical Market
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Patent enforceability:
Ensuring claims effectively cover commercial formulations and methods is crucial for preventing infringement.
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Competitive positioning:
If claims are narrow, competitors might develop alternative compounds or delivery systems; broader claims increase market defense but risk invalidity.
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Freedom to operate:
Analyzing cited prior art and related patents informs on patent thickets or freedom to develop similar drugs.
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Licensing opportunities:
The patent’s scope may lend itself to licensing agreements, especially if the drug shows promising efficacy or market potential.
Conclusion
Patent KR101767689 provides a strategic patent position within South Korea’s robust pharmaceutical innovation landscape. Its scope hinges on the specificity of claims—balancing broad protection with robustness against challenges. Its relevance depends on ongoing research, patent citations, and potential infringement risks, marking it as a critical asset for the patent holder.
Key Takeaways
- The patent’s scope is defined mainly by its claims, which should be broad enough to deter competitors but specific enough to withstand invalidation.
- Alignment with global patent strategies enhances commercial value and extends protection internationally.
- Monitoring related patents and prior art is essential for assessing freedom to operate and potential patent challenges.
- Strong enforcement and strategic licensing can leverage the patent for revenue and market control.
- Continuous patent lifecycle management, including maintenance and potential filings for related patents, is vital for safeguarding innovation.
FAQs
Q1: How does the scope of patent KR101767689 compare with international drug patents?
A1: While specific to South Korea, the patent’s scope may align with international filings, especially if part of a broader patent family. Its claims determine enforceability, with broader claims offering wider protection but facing more legal scrutiny.
Q2: What are the common vulnerabilities of such pharmaceutical patents?
A2: Vulnerabilities include narrow claims that competitors can design around, prior art that invalidates broad claims, or non-compliance with patentability criteria like novelty or inventive step.
Q3: Can this patent be extended or modified to improve protection?
A3: Yes, through continuation or divisional applications, or by filing related patents covering formulations, improved methods, or new indications.
Q4: How should a company assess potential infringement risks?
A4: By conducting comprehensive freedom-to-operate and patent landscape analyses, focusing on claims, cited prior art, and other active patents in the same therapeutic area.
Q5: What is the significance of patent families in the context of KR101767689?
A5: Patent families safeguard the core invention across multiple jurisdictions, providing global protection and negotiating leverage, especially if the South Korean patent is part of a strategic international patent portfolio.
References
- South Korean Intellectual Property Office (KIPO). Patent Register Database.
- WIPO. Patent Cooperation Treaty (PCT) filings relevant to KR101767689.
- Patent landscape reports on pharmaceutical patents in South Korea.
- Industry patent analytics reports (e.g., Clarivate, PatBase).
