Last updated: August 1, 2025
Introduction
South Korea Patent KR101791724 pertains to a pharmaceutical invention, illuminating an important segment within the country's robust intellectual property regime for drugs. This patent encompasses specific claims and technical scope that influence competitive positioning, licensing opportunities, and innovation strategies within the pharmaceutical sector. A comprehensive understanding of its scope, claims, and overall patent landscape provides strategic insight for industry stakeholders, including pharmaceutical companies, generic manufacturers, and legal professionals.
Patent Overview and Technical Field
Patent KR101791724, filed and granted within South Korea's patent system, claims a novel pharmaceutical compound, formulation, or method of use. While the official patent document would specify its precise technical field, such patents typically revolve around active pharmaceutical ingredients (APIs), delivery systems, or therapeutic indications—most notably within areas like oncology, infectious diseases, or chronic illnesses. Given the scope, this patent likely relates to a specific chemical entity or a novel formulation with enhanced efficacy, stability, or reduced side effects.
Scope of the Patent
1. Patent Claims Analysis
The patent’s claims define the legal scope of protection and are central to its enforceability. They are structured typically into independent and dependent claims.
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Independent Claims: These establish the broadest scope of protection. For KR101791724, the independent claim probably covers a particular chemical compound or composition characterized by specific structural features, or a method of manufacturing or using the compound in a therapeutic context.
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Dependent Claims: These narrow the scope, highlighting specific embodiments, such as particular substituents, dosages, formulations, or administration routes. They serve to reinforce the patent’s enforceability and provide fallback positions during infringement proceedings.
2. Composition of Claims
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Chemical Structure Claims: If the patent centers on a novel compound, the claims detail the molecular structure, including core skeleton, side chains, and stereochemistry. They possibly specify a genus of compounds with claimed substitutions to cover a broad class while focusing on the most effective species.
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Method of Use Claims: These claims may secure protections around specific therapeutic methods, such as treating particular diseases, enhancing delivery, or improving pharmacokinetics.
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Formulation Claims: The patent might include claims for specific formulations, such as sustained-release tablets or topical preparations, which provide competitive advantages.
3. Claim Breadth and Limitations
The breadth of the claims influences the patent’s strength:
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Broad Claims: Cover extensive classes of compounds or methods, providing wider protection but may be more susceptible to invalidation on grounds of lack of novelty or inventive step.
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Narrow Claims: Focused on specific compounds or methods, offering narrower protection but often easier to defend.
KR101791724 appears to strike a balance, with broad chemical claims supported by narrow dependent claims to safeguard core inventions while allowing some flexibility.
Patent Landscape and Competitive Environment
1. Related Patent Filings
The patent landscape reveals strategic filing patterns. For KR101791724:
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Family Members: There may be related filings in major markets like China, Japan, the U.S., and Europe, indicating a global patent strategy.
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Prior Art and Patent Citations: Examination of prior art cited during prosecution shows technological evolution and potential overlap with competitors' patents, indicating areas of high patent density or “patent thickets” that could influence freedom-to-operate.
2. Patent Clusters and Overlapping Technologies
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The pharmaceutical landscape often features patent clusters around the same compound class or indication, creating competitive and legal complexities.
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In South Korea, a notably active jurisdiction for pharmaceutical patents, this patent exists amid a landscape with other patents covering similar compounds or methods, necessitating vigilance for potential infringement or invalidation challenges.
3. Patent Term and Lifecycle
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The patent’s filing date and priority determine its expiration, typically 20 years from filing in South Korea, with certain extensions possible for pharmaceutical patents under patent term extension regulations.
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Given its publication year, the patent is likely still enforceable, providing a critical window for licensing or marketing.
4. Patent Strength and Vulnerabilities
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The scope and validation status influence enforceability.
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The patent’s validity may be challenged if prior art is found that anticipates or renders the invention obvious, particularly in the rapidly evolving pharmaceutical field.
Legal and Strategic Implications
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Freedom to Operate (FTO): Companies must analyze if KR101791724 encroaches on their own patent rights or if they can license it.
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Infringement Risk: Competing firms developing similar compounds must evaluate if their products infringe and whether they can design around the patent.
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Patent Enforcement and Litigation: Given the importance of pharmaceutical patents, enforcement in South Korea offers a legal avenue to prevent unauthorized use.
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Licensing and Commercialization: The patent presents licensing opportunities, especially if the patented compound demonstrates advantageous therapeutic benefits. Strategic partnerships could expedite market entry or expansion.
Innovation and R&D Outlook
The patent indicates ongoing innovation in the therapeutic area. Companies focusing on this patent’s technology can leverage its claims to develop improved or combination therapies, respecting patent boundaries while advancing scientific progress. The patent landscape’s density suggests competitive R&D efforts are intense, emphasizing the importance of thorough patent clearance and freedom-to-operate analyses before new product development.
Concluding Remarks
Patent KR101791724 represents a strategic asset within South Korea’s pharmaceutical patent landscape, offering broad protection over specific chemical entities or methods with potential global relevance. Its claim scope balances breadth with specificity, aligning with industry standards to protect high-value innovations while navigating competitive patent environments.
Key Takeaways
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Scope Clarity: The patent’s independent claims likely cover a novel chemical compound or therapeutic method, with dependent claims refining the scope through specific embodiments.
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Strategic Positioning: The patent landscape around KR101791724 shows active competition; companies must evaluate risks of infringement and opportunities for licensing.
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Lifecycle and Value: With approximately a decade remaining before expiration, the patent is a valuable asset for commercialization, licensing, or strategic partnerships.
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Legal Vigilance: Ongoing patent patrol and validity assessments are essential, especially given the high density of related patents in similar technical areas.
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Innovation Outlook: Continuous R&D efforts are vital to maintain competitive advantage, especially in densely populated patent sectors like pharmaceuticals in South Korea.
FAQs
Q1: What is the typical scope of claims in South Korean drug patents like KR101791724?
A: They usually encompass broad chemical structures or therapeutic methods, with dependent claims narrowing to specific embodiments. This balance helps protect core inventions while allowing flexibility.
Q2: How does the patent landscape in South Korea impact generic competition?
A: Dense patent clusters can delay the entry of generics or lead to patent litigations, emphasizing the importance of patent clearance and licensing.
Q3: Can the claims of KR101791724 be challenged or invalidated?
A: Yes, if prior art or obviousness arguments are successful, competitors can challenge the validity, especially if the claims lack novelty or inventive step.
Q4: What strategic advantages does holding a patent like KR101791724 confer?
A: It grants exclusive rights to commercialize the protected invention, enabling licensing, deterrence of competitors, and strengthening market position.
Q5: How can companies utilize this patent for global expansion?
A: By filing corresponding patent applications in other jurisdictions, companies can secure simultaneous international protection, mitigating risks of infringement and enhancing global reach.
References:
- The Korean Intellectual Property Office (KIPO) database for patent KR101791724.
- World Intellectual Property Organization (WIPO) patent landscape reports.
- Patent Law of South Korea, Act No. 8805.
- Recent literature on pharmaceutical patent strategies and legal trends within South Korea.
This analysis aims to serve as a strategic resource for professionals seeking a comprehensive understanding of KR101791724’s patent scope, claims, and landscape, facilitating informed decision-making within the dynamic pharmaceutical sector.
