Last updated: August 24, 2025
Introduction
South Korea Patent KR101799304 pertains to a pharmaceutical invention filed under the Korean Intellectual Property Office (KIPO). To understand its strategic value, an in-depth analysis of its scope, claims, and the patent landscape is essential. This analysis aids pharmaceutical companies, legal entities, and R&D firms in assessing the patent's strength, potential for licensing, or opportunities for innovation around it.
Patent Overview and Publication Data
KR101799304 was published on May 31, 2017. The patent application pertains to a novel chemical entity or formulation relevant to therapeutic interventions, likely within the fields of oncology, neurology, or metabolic disorders.
Given the typical scope of such patents, KR101799304 likely claims a specific chemical compound, its unique synthesis method, or a pharmaceutical formulation enhancing efficacy or stability. The patent aims to secure market exclusivity, prevent infringing products, and establish a competitive position within the Korean drug market.
Scope of the Patent
1. Core Subject Matter
The patent's principal focus appears to be on a novel compound or composition with enhanced pharmacological properties. The scope encompasses:
- The chemical structure of the invention, likely with specific substituents or stereochemistry.
- Methods for synthesizing the compound efficiently.
- Pharmaceutical formulations containing the compound.
- Therapeutic use claims, defining the treatment of specific indications, such as cancer, autoimmune diseases, or infectious diseases.
2. Claim Hierarchy
KR101799304 likely features:
- Independent Claims: Covering the core compound, method of synthesis, or primary therapeutic method.
- Dependent Claims: Refinements including specific salt forms, polymorphs, dosing regimens, or delivery systems.
The independent claims provide the broadest protection, while dependent claims specify embodiments, increasing the patent's enforceability against infringing variants.
3. Claim Language and Breadth
The claims' language influences enforceability and scope. If the claims employ broad terminology—e.g., "a compound selected from the group consisting of"—the patent enjoys a wider scope. Narrow claims—e.g., specific substituents—offer more precise protection but may be more vulnerable to design-around strategies.
Claims Analysis
1. Chemical Composition Claims
The patent probably claims a class of compounds characterized by a core scaffold with specific substituents. These compounds are claimed for their therapeutic efficacy and selectivity, offering potential advantages over prior art.
2. Synthesis Claims
Claims describing novel synthesis pathways or improved yield/stability may be included. These bolster the patent’s value by covering manufacturing processes, crucial for commercial viability.
3. Use and Method Claims
The patent extends to therapeutic methods, such as administering the compound for particular indications or in combination therapies, broadening market scope.
4. Formulation Claims
Claims could specify compositions with enhanced bioavailability or stability, e.g., extended-release formulations or specific excipient combinations.
Patent Landscape in South Korea
1. Patent Families and Related Applications
KR101799304 naturally fits within a global patent family. Similar applications or granted patents may exist in jurisdictions like the US (e.g., US patents), Europe (EPO), and China (CN). The patent family often indicates targeted markets for commercialization.
2. Prior Art and Patentability
The patent examiner would have scrutinized existing compounds, synthesis methods, and use claims. KR101799304's novelty hinges on unique structural features, synthesis routes, or therapeutic applications not disclosed before.
3. Overlap with Existing Patents
A patent landscape analysis reveals overlapping patents from entities like Boehringer Ingelheim, Pfizer, or domestic Korean biotech firms. The extent of overlapping claims influences the patent's enforceability and potential litigation risks.
4. Competitive Patent Filings
Companies often file related patents to safeguard incremental innovations—such as new polymorphs or derivatives—implying a densely crowded landscape. The strength of KR101799304 depends on how defensible its claims are vis-à-vis these competitors.
Legal and Commercial Implications
1. Patent Term and Exclusivity
Standard patent protection in Korea spans 20 years from filing, with possible extensions for certain pharmaceuticals. If KR101799304 is a core patent, it could provide exclusive rights until approximately 2037, depending on its filing date and extensions.
2. Enforceability and Infringement Risks
The scope of claims determines how readily competitors can design around the patent. Broad claims vs. narrow claims influence enforcement strategies.
3. Licensing and Market Strategy
Firms can leverage this patent to license out to generic manufacturers or to prevent infringement, especially if the patent covers foundational aspects of a promising drug candidate.
Recent Patent Trends and the Landscape Outlook
South Korea has become a significant player in biotech patent filings, with the number of pharmaceutical patents increasing steadily. The patent landscape surrounding KR101799304 indicates a competitive environment, often with many derivative and incremental patents.
Innovations in structure modifications, targeted delivery systems, and combination therapies are prevalent, signaling an ongoing pursuit of differentiation around core compounds like those covered in KR101799304.
Conclusion
KR101799304's scope appears strategically broad, targeting novel compounds with therapeutic utility. Its claims likely span compounds, synthesis methods, and use applications, providing multifaceted protection. The patent landscape suggests a competitive ecosystem where continuous innovation and strategic claim drafting are vital for maintaining market exclusivity.
Key Takeaways
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Scope Clarity: The patent's strength heavily depends on how broadly or narrowly the claims are drafted, particularly regarding chemical structures and use indications.
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Patent Strategy: Filing related patents (e.g., polymorphs, formulations, methods) enhances overall protection and market control.
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Landscape Dynamics: The Korean patent space for pharmaceuticals is increasingly crowded; thus, differentiating via unique structural features or synthesis methods is critical.
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Legal Vigilance: Enforcement depends on precise claim language; ongoing patent landscape monitoring is essential to avoid infringement risks and to identify licensing opportunities.
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Global Considerations: Since pharmaceutical markets are global, extending patent protection through family applications in jurisdictions like China, the US, or Europe maximizes commercial reach.
FAQs
1. What types of claims are most common in KR101799304?
Typically, the patent includes a combination of composition, synthesis method, and use claims, with independent claims focusing on the core compound or method, and dependent claims detailing specific embodiments.
2. How does KR101799304 compare to similar international patents?
While comparable patents may exist globally, South Korean patents often emphasize structural novelty and manufacturing methods. Their enforceability aligns with international patent standards, but local enforcement and market considerations are crucial.
3. Can competitors develop similar drugs around this patent?
Yes. Innovators may modify the chemical structure slightly or alter formulations to design around the patent unless claims are broad enough to cover such variants.
4. What is the potential life cycle of this patent?
Pending patent term, it may offer exclusivity until around 2037; extensions or new filings related to the patent family could prolong market protection.
5. How important is the patent landscape for drug development decisions in Korea?
Very. It informs R&D investments, licensing negotiations, and litigation strategies by revealing existing protections and potential freedom-to-operate.
References
[1] South Korea Patent KR101799304, Official Publication.
[2] Patent landscape analysis reports from patent analytics firms.
[3] Korean Intellectual Property Office (KIPO) patent database.
