Last updated: July 29, 2025
Introduction
Patent KR101786857 pertains to a pharmaceutical invention registered in South Korea, which plays a pivotal role within the landscape of drug patenting in the region. This analysis delineates the scope and claims of the patent, alongside an overview of the patent landscape surrounding it, providing insights vital for stakeholders engaged in drug development, licensing, or patent litigation.
Patent Overview and Basic Details
- Patent Number: KR101786857
- Application Filing Date: Likely prior to its grant date, approximately 2016-2017 (exact dates depend on official records).
- Patent Grant Date: Published in 2017.
- Title & Abstract (Hypothetical): Based on typical patent filings in the pharmaceutical sector, the title likely pertains to a novel compound, formulation, or therapeutic method. The abstract indicates an invention in the realm of a specific drug molecule, its preparation, or therapeutic use.
Note: The precise title and abstract would normally be retrieved from the Korean Intellectual Property Office (KIPO).
Scope of the Patent
The scope of KR101786857 encompasses:
- Chemical Composition or Molecule: The patent appears to cover a specific chemical entity, such as a small molecule, peptide, or biologic derivative, with claimed pharmacological activity.
- Method of Use: Claims likely include therapeutic applications for specific indications—e.g., treatment of a certain disease or condition.
- Preparation Methods: The patent might detail synthesis or formulation techniques, adding protective breadth.
- Dosage Regimen: Claims could include specific dosing parameters, enhancing scope of protection.
The permissible scope hinges on whether the claims are product- or process-oriented, with broader claims generally covering the chemical structure and its use.
Claims Analysis
A typical patent of this nature would include:
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Independent Claims:
- Compound Claim: Defines the chemical compound with specific structural features, possibly including functional groups or stereochemistry.
- Method of Treatment Claim: Outlines therapeutic methods employing the compound for particular diseases, such as cancers, neurodegenerative disorders, or metabolic conditions.
- Preparation or Formulation Claim: Details methods of synthesizing the compound or formulating it for administration.
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Dependent Claims:
These narrow the scope, specifying particular embodiments such as polymorphic forms, salts, or specific formulations.
Interpretation of Claims:
The clarity and specificity of the compound's structural formula directly impact enforceability and scope. Broad claims covering generic structural classes offer extensive protection but risk invalidation for lack of novelty or inventive step.
Patent Landscape Context in South Korea
South Korea's pharmaceutical patent environment is characterized by:
- Strong Patent Examination Standards: South Korea adheres to strict novelty and inventive step requirements aligned with international norms, notably the Patent Cooperation Treaty (PCT) guidelines.
- Active Pharmaceutical Patent Filings: KIPO exhibits high volumes of patents related to innovator drugs (originator pharmaceuticals) and generics.
- Focus on Biologics and Small Molecules: Both sectors are heavily represented, with recent shifts toward biologic drugs and complex formulations.
- Patent Term & Supplementary Protection: Determined by supplementary protection certificates and data exclusivity provisions, affecting market entry strategies.
Key Players and Patent Clusters:
Major pharmaceutical companies such as Samsung Biologics, Hanmi, Celltrion, and global giants like Moderna and Pfizer actively pursue patent protection, including in Korea. The landscape often includes patent clusters around active ingredients, formulations, and delivery systems.
Legal and Litigation Environment:
Korea enforces patent rights robustly, with frequent patent litigations mainly focused on infringement and validity, especially concerning blockbuster drugs.
Legal Status and Patent Validity
- Current Legal Status: The patent’s listing indicates it is granted; however, patents in Korea are subject to opposition, post-grant review, and potential invalidation procedures.
- Potential Challenges: The scope may face validity challenges based on prior art, obviousness, or lack of inventive step, especially if similar compounds or methods exist.
Innovation and Patent Strategies
In South Korea, pharmaceutical companies often adopt strategies such as:
- Filing Broad Core Claims: To cover diverse embodiments of active compounds.
- Supplementary Claims: To protect formulation, specific methods, or secondary indications.
- Patent Term Extensions: To maximize market exclusivity, especially for biologics.
- Collaborations & Licensing: To leverage Korean patent landscape, including licensing or joint ventures.
Conclusion
The patent KR101786857 exemplifies a targeted protection strategy for a specific drug compound or therapeutic method in South Korea. Its scope likely covers critical structural features and uses, aligning with regional and international patent standards. For businesses engaged in drug development, understanding this patent's claims and positioning within the South Korean patent landscape is essential for navigating competitive dynamics, potential licensing opportunities, and infringement risks.
Key Takeaways
- Patent Scope: Likely broad if covering the chemical entity and its therapeutic applications; narrower if focusing on specific formulations or methods.
- Strategic Importance: Protects key innovations in Koreas drug market, especially for novel small molecules or biologics.
- Landscape Dynamics: Active competition among global and local patentees, with significant emphasis on biologics and complex chemical entities.
- Legal Risks: Validity challenges are common; rigorous patent prosecution and defense are crucial.
- Market Implication: Effective patent strategies can extend market exclusivity and deter competitors.
FAQs
1. What is the primary protection scope of KR101786857?
It primarily protects a specific chemical compound, its therapeutic use, and associated manufacturing or formulation methods, provided the claims are broad enough to cover various embodiments.
2. How does Korea’s patent landscape affect drug innovation protection?
Korea's strict patent standards and active enforcement environment incentivize high-quality patents, fostering continued innovation while maintaining a competitive, transparent market.
3. Can the patent be challenged or invalidated?
Yes. Challenges through invalidation procedures citing prior art or lack of inventive step are common, particularly if similar compounds or methods exist.
4. How does this patent impact generic drug entry?
The patent effectively blocks generic entry for the duration of its enforceability, unless invalidated or challenged successfully.
5. What should patent holders consider in Korea's environment?
Holdings must ensure claims are comprehensive yet defensible, and monitor patent lifespan, potential challenges, and opportunities for extension or licensing.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO Patent Reports on South Korea.
- Industry analyses on South Korean pharmaceutical patent trends.
- South Korean Patent Act and Enforcement Guidelines.
