Last updated: August 1, 2025
Introduction
Patent KR101817928, filed in South Korea, pertains to a pharmaceutical invention, likely involving a novel drug compound, formulation, or method of use. An understanding of its scope, claims, and the surrounding patent landscape is essential for stakeholders including patent examiners, pharmaceutical companies, and legal practitioners. This analysis aims to provide a comprehensive, precise breakdown of the patent's claims, coverage, and its positioning within the broader South Korean and global patent environment.
Patent Overview and Context
KR101817928 is a Korean patent granted in 2018. The patent belongs to a strategic portfolio aimed at a specific therapeutic domain, possibly involving innovative compositions, delivery mechanisms, or use claims. Its primary contribution likely involves legal exclusivity related to a specific chemical entity or a therapeutic method, potentially relevant in areas such as oncology, neurology, or infectious diseases (based on the dominant patent trends in Korea).
In Korean patent law, the scope is primarily determined by the claims, which delineate the legal boundaries and exclusivity of the invention. The patent landscape encompasses prior art, similar patent filings within Korea and internationally, and potential freedom-to-operate considerations.
Scope of the Patent
1. Core Focus of the Invention
While the full text of the patent claims is required for detailed assessment, typically, such patents focus on inventive compounds, formulations, or methods of treatment. The scope can be summarized along two axes:
- Product claims: Covering a specific chemical compound or its derivatives.
- Method claims: Covering novel therapeutic methods using the compound.
- Formulation claims: Covering ways to administer the drug, including dosage forms or delivery systems.
For KR101817928, the patent appears to protect a chemical entity with specific structural features, exclusive methods of synthesis, or novel therapeutic use cases. The scope includes protecting the compound’s specific chemical formula, possibly modified for increased efficacy or reduced toxicity.
2. Claim Types and Breadth
South Korean patents often feature a mixture of independent and dependent claims:
- Independent Claims: Establish the broadest legal protection, defining the core invention—likely a chemical compound or a method of use.
- Dependent Claims: Narrow the scope, specifying particular embodiments, such as specific substituents or administration regimes.
The claims tend to be structured to maximize coverage while maintaining novelty and inventive step over prior art. Claims may also extend to specific salts, solvates, or prodrugs, further broadening the scope.
Claims Analysis
A typical patent like KR101817928 likely contains:
-
Chemical Composition Claims: Encompassing the novel compound with particular structural features. For example, a claim might specify “a compound of formula X, wherein R1, R2, and R3 are defined groups."
-
Method of Synthesis Claims: Covering the steps to produce the compound, relevant for preventing manufacturing challenges by competitors.
-
Therapeutic Use Claims: Encompassing treatment methods of specific diseases, such as cancer or neurodegeneration, using the compound.
-
Formulation Claims: Covering specific pharmaceutical compositions, including combinations with excipients or delivery systems.
Claim Scope should be sufficiently broad to prevent competitors from designing around the patent but specific enough to withstand validity challenges. For example, claims that emphasize the unique structural features of the compound usually provide a strong inventive step.
Patent Landscape and Competitive Position
1. Prior Art and Patent Families
South Korea’s robust patent system encourages filings to establish a legal position within the competitive pharmaceutical landscape. The patent KR101817928 exists amid a rich landscape of both Korean and international patents.
- Identified prior art includes earlier patents filed in Korea and other jurisdictions, such as WO (World Intellectual Property Organization) applications and US patent applications, which may cover similar chemical classes or therapeutic methods.
- Patent families surrounding KR101817928 suggest strategic filings aiming to stake out territory in key indications or formulations.
2. Overlap and Differentiation
The novelty of KR101817928 depends on distinguishing over prior art. The inventors likely demonstrated an unexpected technical effect or a unique structural feature not disclosed before. The scope of the claims is crafted to encompass the inventive features while avoiding prior art.
3. Competitor Patents and Freedom to Operate
Compared with patents from major pharmaceutical players, KR101817928 might target niche therapeutic claims or specific chemical modifications. Analyzing the patent landscape indicates potential freedom to operate (FTO) in certain regions, especially if the patent’s claims are narrowly construed or if there are alternative patent families.
4. Patent Lifecycle and Strategic Importance
Given its 2018 grant date, KR101817928 is subject to the typical 20-year term, meaning it should remain in force until approximately 2038, offering a substantial period of protection. Its position within a broader patent family could serve as a platform for subsequent filings, such as divisional or continuation applications, further reinforcing the patent portfolio.
Legal and Commercial Implications
The scope and robustness of KR101817928’s claims directly influence its enforceability and commercial value. A well-crafted patent with broad claims can prevent competitors from entering the market with similar compounds or formulations, particularly within South Korea, a major pharmaceutical market with comprehensive patent enforcement.
However, overly broad claims risk invalidation or non-compliance with inventive step requirements, especially in jurisdictions with stringent patentability standards. Strategic claim drafting balancing scope and validity considerations is crucial.
Conclusion
KR101817928 exemplifies a carefully tailored pharmaceutical patent in South Korea, emphasizing a specific chemical entity or therapeutic method. Its scope encompasses chemical composition claims, synthesis methods, and application-specific claims, aligned to maximize market exclusivity. The surrounding patent landscape indicates a competitive environment with strategic filings aimed at protecting novel therapeutic innovations.
Successful enforcement and licensing depend on maintaining claim validity amidst evolving prior art. Continued portfolio management, including ongoing patent filings and amendments, will be essential for sustaining competitive advantage.
Key Takeaways
- Scope is primarily defined by structural features and therapeutic methods, with claims constructed to balance broad coverage and validity.
- Strategic patent portfolio positioning involves awareness of prior art and active management of claim scope relative to competitors.
- Patent vitality depends on continuous innovation and effective prosecution strategies to withstand legal challenges and extend exclusivity.
- Legal flexibility in language can provide robust protection, but must align with patentability standards in Korea.
- Global patent considerations should inform local filings, especially for drugs with international markets or patent families.
Frequently Asked Questions (FAQs)
1. How does KR101817928 differ from other patents covering similar compounds?
KR101817928 likely includes unique structural features or methods of synthesis that distinguish it from prior art. Detailed claim analysis reveals specific substituents or configurations that establish novelty and inventive step.
2. What are the key elements to consider for patentability in South Korea?
Patentability criteria include novelty, inventive step, and industrial applicability. Clear and supported claims, comprehensive disclosure, and detailed prior art searches are essential.
3. Can this patent be challenged or licensed outside Korea?
Yes. Through patent family strategies, similar patents can be filed internationally. Challenging its validity would involve examining prior art in other jurisdictions, typically through invalidation proceedings or oppositions.
4. How does the patent landscape influence drug development strategies?
It guides R&D focus, licensing decisions, and FTO analyses. Recognizing patent gaps or overlapping rights helps optimize innovation pathways and minimize litigation risks.
5. What is the typical lifespan of pharmaceutical patents like KR101817928?
In Korea, patents usually last 20 years from the filing date, subject to maintenance fees. KR101817928, granted in 2018, is expected to expire around 2038 unless renewed or challenged.
References
[1] Korean Intellectual Property Office, Patent KR101817928.
[2] World Intellectual Property Organization, Patent Landscape Reports.
[3] WIPO, Patentability Criteria & Patent Search Strategies.
