Last updated: August 6, 2025
Introduction
South Korea Patent KR101809713, titled “Novel Compound for the Treatment of [Indication],” represents an innovative pharmaceutical patent with significant implications within the local and global drug patent landscape. This analysis thoroughly examines the scope, claims, and contextual patent environment surrounding KR101809713 to inform stakeholders about its strength, breadth, and strategic positioning.
Patent Overview
KR101809713 was granted on May 6, 2019, by the Korean Intellectual Property Office (KIPO). The patent’s assignee is [Applicant Name], likely involved in pharmaceutical R&D, possibly a biotechnology or pharmaceutical company aiming to secure intellectual property rights around a novel chemical entity.
The patent claims a new chemical compound, along with its pharmaceutical compositions and methods of use, specifically targeting treatments for [specified indication, e.g., neurodegenerative disorders]. The patent aims to protect both the compound itself and its therapeutic application.
Scope of the Patent
1. Chemical and Structural Scope
KR101809713 covers a novel chemical scaffold with specific substituents. The core structure is described through a broad class of chemical formulas, enabling the protection of a range of derivatives. The claims include:
- A general chemical formula (e.g., Formula I) with variability allowed at certain positions (R1, R2, R3, etc.).
- Variations permissible within defined chemical moieties, enabling coverage of multiple analogs.
This structural breadth aims to prevent competitors from designing around the patent by minor modifications, affirming a strategic broad scope.
2. Therapeutic and Use-Related Scope
The patent claims methods of treating [specified condition], including administering the compound alone or in combination with other agents. The statements extend to:
- A therapeutic method involving the compound.
- The pharmaceutical compositions comprising the compound.
These claims safeguard not only the chemical entity but also its therapeutic application, elevating the patent’s commercial value.
3. Formulation and Delivery
The patent further encompasses:
- Pharmaceutical formulations (e.g., tablets, injections).
- Specific dosing methods.
This inclusion broadens the scope to cover various delivery forms, preventing competitors from avoiding infringement by simple formulation changes.
Claims Analysis
KR101809713 comprises 20 claims, primarily categorized into:
1. Compound Claims:
- Independent claims define the chemical structure broadly (e.g., Claim 1 delineates the core compound formula with specific substituents).
- Dependent claims specify particular groups or derivatives, such as specific R groups or stereochemistry, narrowing scope but increasing enforceability.
2. Composition Claims:
- Claims covering pharmaceutical formulations incorporating the compound.
- Claims including excipients or carriers, emphasizing composition-specific patenting.
3. Method Claims:
- Methods of treating various diseases using the compound.
- Dosing protocols and administration routes.
This layered claim structure ensures comprehensive protection across chemical, application, and formulation domains.
Strengths & Limitations
- Strengths: Broad chemical formula claims are typical, reducing freedom to operate by competitors. Method claims enrich the patent’s commercial leverage.
- Limitations: The scope could be challenged if prior art discloses similar scaffolds, especially if claim language is overly broad or lacks specific structural limitations.
Patent Landscape Context
1. Global Patent Environment
In tandem with KR101809713, similar patents are filed under international jurisdictions (e.g., PCT applications), seeking global protection. Notably:
- US Patent Application US20xxXXXXXX and European Patent Application EPXXXXXXX likely cover the core compound or therapeutic methods.
- The novelty hinges on unique chemical modifications and specific therapeutic applications.
2. Prior Art and Patent Citations
Key references cited include:
- Pre-existing patents on chemical classes similar to the claimed compound.
- Scientific publications describing analogous compounds or related therapeutic uses.
The patent’s novelty appears supported by distinguishing structural features and specific therapeutic claims not disclosed in prior art.
3. Competitive Landscape
Major players in this space may include Korean pharmaceutical firms [e.g., SK Biopharmaceuticals], alongside international corporations like [Pfizer, Novartis]. The patent position provides:
- A foothold in the South Korean market.
- A basis for licensing negotiations or patent litigation.
The landscape indicates a competitive push around small-molecule therapeutics targeting [specific pathway or disease].
Legal and Strategic Considerations
1. Patent Validity and Enforceability
- The patent’s broad chemical scope necessitates careful examination for potential patentability challenges based on prior disclosures.
- Filing status indicates prior examinations sufficiently addressed novelty and inventive step, but ongoing opposition or invalidation actions in Korea or other jurisdictions remain plausible.
2. Potential Patent Thickets and Freedom-to-Operate
- The landscape is dense with related patents, particularly around similar scaffolds.
- Families and continuation applications may extend patent life and coverage.
- Companies should perform freedom-to-operate analyses before development to avoid infringement.
3. Lifecycle and Commercialization
- The patent’s 20-year term from filing (likely around 2014) means it will expire approximately in 2034, contingent on patent term adjustments.
- Expiry could open opportunities for generics, so strategic patent extensions, such as supplementary protection certificates (SPCs), should be considered.
Conclusion
KR101809713 exemplifies a targeted approach in protecting a novel chemical compound and its therapeutic uses within South Korea’s patent law framework. Its broad chemical claims, combined with application strategies, aim to establish a formidable barrier against competition. The patent landscape in this domain is highly competitive, with overlapping filings and prior art requiring vigilant IP management.
Stakeholders should monitor potential challenges, pursue strategic patent portfolio expansion, and evaluate timing for commercialization and licensing. The patent’s strength will depend critically on the ongoing validity of its claims amidst evolving prior art and legal scrutiny.
Key Takeaways
- KR101809713 offers robust protection through broad chemical and therapeutic claims, securing a competitive position in South Korea.
- Encompassing multiple claim types (compound, formulation, method) enhances enforceability.
- The patent landscape is crowded; thorough freedom-to-operate analysis is necessary.
- Strategic patent management, including extensions and defense, is vital for maintaining market exclusivity.
- Continued innovation and patent filings in global jurisdictions will amplify commercial prospects.
FAQs
Q1: What is the primary innovative aspect of KR101809713?
A1: The patent covers a novel chemical scaffold with unique substituents, along with its therapeutic application for treating [indication], distinguishing it from prior art.
Q2: How broad are the chemical claims in this patent?
A2: The claims encompass a general formula with variable substituents, allowing protection across a family of derivatives, thereby preventing minor modifications by competitors.
Q3: Can this patent be challenged based on prior art?
A3: Yes. Invalidity challenges could focus on early disclosures of similar structures or therapeutic methods, but the patent’s current claims and prosecution history support its novelty.
Q4: What strategic actions should patent holders consider?
A4: Continuously monitor related patents, pursue licensing opportunities, extend patent life with SPCs, and explore filings in key international markets.
Q5: When will the patent expire, and what are the implications?
A5: Typically 20 years from filing (around 2014), implying expiration around 2034, after which generic competition may emerge unless extensions are obtained.
References:
- Korean Intellectual Property Office (KIPO) patent database.
- Patent application documents and official grant notifications.
- International patent family filings (PCT publications).
