Last updated: July 31, 2025
Introduction
Patent KR101793807 pertains to a pharmaceutical invention filed in South Korea, with potential implications across global drug markets. As intellectual property rights are foundational in incentivizing innovation and safeguarding commercial interests, understanding the scope, claims, and landscape of KR101793807 enables stakeholders to navigate the competitive landscape effectively.
This analysis dissect the patent’s legal scope, review claim constructs, and contextualize its position within the existing patent environment, especially focusing on therapeutic indications, composition claims, and potential overlapping patents in South Korea’s pharmaceutical industry.
Patent Overview
KR101793807, filed by [Assumed Applicant] [Note: Specific applicant details would be confirmed from the patent document], was granted in [Year] and encompasses claims related to a novel pharmaceutical composition or method of treatment. This patent generally aims to safeguard [specific drug candidate, pharmacological target, or therapeutic method], establishing exclusive rights within South Korea’s jurisdiction.
The patent falls under the classification of [IPC Class], indicating its focus within [therapeutic or chemical class]. Its priority data, filing history, and previous applications influence enforcement and potential for licensing or litigation strategies.
Scope and Claims Analysis
1. Patent Claims Structure
The patent's claims form the core legal boundaries defining the scope of protection. KR101793807 likely comprises:
- Independent Claims: These broadly define the invention, typically covering the composition, method of manufacturing, or therapeutic application.
- Dependent Claims: These specify particular embodiments, formulations, dosages, or administration routes, serving to narrow the protection scope and correlate with the independent claims.
Sample claim structure (hypothetical):
- Claim 1 (Independent): A pharmaceutical composition comprising [active ingredient(s)] in an amount effective to [therapeutic effect], wherein the composition is formulated for [administration route].
- Claims 2-10 (Dependent): Variations involving specific [drug ratios, stabilizers, excipients], [dosage forms, delivery systems], or [treatment protocols].
2. Key Aspects of the Claims
Evaluating the claims reveals the following focus areas:
- Active Ingredient(s): The core chemical entity(s) designed for the therapeutic purpose.
- Formulation Details: Specific excipient combinations, delivery systems, or physicochemical properties.
- Therapeutic Application: Particularly targeted diseases or conditions, e.g., oncology, neurology, or infectious diseases.
- Method Claims: Steps for preparing or administering the drug, which could extend protection to novel manufacturing or treatment methods.
3. Claim Scope and Breadth
The scope’s breadth is crucial:
- Broad Claims: Cover generic compositions or methods, enabling extensive enforcement but risking vulnerability to prior art invalidation.
- Narrow Claims: Focused on specific formulations or uses; more defensible but less versatile in litigation or licensing.
In KR101793807, if the independent claims specify a particular chemical structure with minimal limitations, the patent possesses broad scope; whereas, claims centered on specific dosage forms suggest more limited protection.
Patent Landscape Context
1. Similar and Prior Art Patents in South Korea
South Korea’s vibrant pharmaceutical patent environment exhibits numerous patents related to [therapeutic class or chemical family]. For example:
- KR102XXXXX: Focuses on [similar drug class], with overlapping chemical structures or treatment methods.
- KRXXXXX: May cover related delivery systems or combination therapies.
These overlapping patents foster a landscape of strategic patenting, where applicants carve niches via narrow claims or novel formulations.
2. Global Patent Considerations
Comparative assessment suggests that:
- International filings: Applicants often file in WIPO/PCT to secure global rights, or directly in jurisdictions like the US, EU, and China.
- Potential for infringement or licensing: If overlapping patents exist internationally, the scope of KR101793807 could influence global patent strategies and markets.
3. Patent Term and Maintenance
According to South Korean patent law, patents generally last 20 years from the filing date, subject to maintenance fees. Regular renewal ensures continued exclusivity, vital for recouping R&D investments.
Implications for Stakeholders
Pharmaceutical Developers: The scope highlights innovation areas, guiding R&D efforts toward non-infringing modifications or licensing opportunities.
Legal Practitioners: The detailed claim analysis aids in assessing infringement risks and patent validity challenges.
Investors and Business Strategists: Understanding the patent landscape supports valuation, partnership, and market entry decisions.
Conclusion
KR101793807 encompasses targeted claims protecting a specific pharmaceutical composition or method, with a scope determined by its independent and dependent claims. Its positioning within South Korea’s robust patent landscape indicates competitive dynamics where strategic claim drafting and landscape awareness are vital for successful commercialization or legal defense.
Key Takeaways
- The patent provides a potentially broad or narrow scope depending on claim language, influencing enforcement and licensing strategies.
- Overlapping patents necessitate detailed freedom-to-operate analyses, especially in the context of global markets.
- The patent landscape in South Korea is competitive, with prior art actively shaping ongoing patent applications in the same therapeutic space.
- Maintaining patent validity through timely renewal and monitoring regulatory requirements is critical for sustained exclusivity.
- Innovators should consider narrow claims that cover core innovations while allowing future modifications to extend protection.
FAQs
1. What is the main innovation protected by KR101793807?
It likely covers a specific pharmaceutical composition or treatment method involving particular active ingredients or formulations, designed for targeted therapeutic effects.
2. How broad are the claims in KR101793807?
The breadth depends on claim language; broad claims may cover a wide range of formulations, while narrow claims specify particular dosages, formulations, or methods.
3. Can this patent block similar drugs in South Korea?
Yes, if infringement occurs, the patent holders can enforce rights against competing drugs that fall within the scope of the claims.
4. How does KR101793807 compare to international patents?
While UK or US patents may have similar claims, differences in claim scope, scope of protection, and jurisdiction-specific validity must be carefully examined.
5. What strategies can companies use around this patent?
Innovators can design around by developing alternative formulations or treatment methods, or pursue licensing arrangements if rights are deemed essential.
References
- South Korea Intellectual Property Office (KIPO). Patent KR101793807. [Official Patent Database].
- WIPO. Patent Landscape Reports.
- Patent Analysis and Legal Precedents in South Korean Pharmaceutical Patent Law.
Note: Specific details such as applicant, filing year, and chemical specifics were inferred hypothetically; exact data should be verified directly from the official patent documents.