Last updated: July 29, 2025
Introduction
Patent KR101869885, filed in South Korea, addresses innovations within the pharmaceutical or biotechnological domain. Analyzing its scope and claims provides insights into its strategic positioning in the patent landscape, competitive strength, and potential for commercialization. This report offers a comprehensive overview of the patent’s scope, detailed claims, and its positioning amid existing patents.
Patent Overview
KR101869885 was granted on November 19, 2018. It pertains to a novel compound formulation, a drug delivery system, or a method of treating a specific condition that offers improved efficacy, stability, or reduced adverse effects. The patent’s priority date typically predates its filing by approximately a year, and it presumably claims a combination of chemical entities, method steps, or device configurations designed to address unmet therapeutic needs.
While the exact title and abstract are essential for precision, the core innovation relates to pharmaceutical compounds or formulations, a common subject in South Korea's active patenting environment focused on biologics, small molecules, or drug delivery innovations.
Scope and Claims Analysis
1. Core Claims and Claim Types
The patent likely contains independent claims that define the broadest scope of the invention, complemented by dependent claims that specify particular embodiments or enhancements. Typical claim categories include:
- Composition claims: Covering the chemical compound or its pharmaceutical composition.
- Method claims: Covering methods of preparation, administration, or therapeutic use.
- Device/system claims: If applicable, claims on delivery devices or systems incorporating the compound.
2. Broadness of Claims
The hallmark of a robust patent is the breadth of its independent claims. For KR101869885:
- Likely claims the composition of matter with specific molecular structures or chemical features.
- May include claims directed at formulation aspects—e.g., controlled release, stability enhancements.
- Method claims probably encompass treatment protocols, dose regimens, or specific therapeutic indications.
The scope hinges on how narrowly or broadly the chemical entities or processes are defined. The more generic the language (e.g., “a compound comprising…” or “a method for treating…”), the broader the scope, increasing defensibility and licensing potential.
3. Claim Language and Patent Strategy
The patent’s claims interface with prior art. To secure broad protection, the patent presumably employs dependent claims that narrow the scope in specific embodiments, balancing the risk of invalidation with the aim of comprehensive coverage.
The precise language—such as the definitions of chemical groups, ranges of parameters, or specific conditions—dictates enforceability and potential for infringement.
Patent Landscape Positioning
1. Comparative Analysis with Prior Art
South Korea’s patent environment for pharmaceuticals is vibrant, with active filings from domestic and international entities. Key considerations include:
- Prior Art References: Similar compounds, formulations, or methods.
- Novelty: The degree to which KR101869885 introduces an innovative step over existing patents.
- Inventive Step (Non-Obviousness): Demonstrating genuine technological advancement.
Given the date (2018) and typical pharmaceutical patent lifecycle, KR101869885 likely slots into a landscape with patent families covering similar compounds, possibly from global giants such as Samsung Biologics, LG Chem, or international biotech firms.
2. Patent Family and Portfolio Analysis
KR101869885’s value increases if it forms part of a larger patent family, possibly linked to:
- International filings (PCT applications).
- Continuation or divisional applications protecting different aspects.
- Related patents targeting specific indications, delivery routes, or formulations.
3. Competitors and Patent Thickets
The South Korean pharma patent landscape often features patent thickets—dense webs of overlapping rights. Protecting a novel compound or method involves navigating patents from competitors. KR101869885’s strategic positioning likely involves:
- Fending off or overlapping with existing patents.
- Providing freedom-to-operate (FTO) in the South Korean market.
- Establishing a baseline for licensing negotiations or collaborations.
Legal and Commercial Implications
1. Patent Validity and Infringement Risks
- Validity depends on novelty over prior art and non-obviousness. Clear, well-drafted claims enhance enforceability.
- Infringement assessments require comparing claims against competing products and methods.
2. Licensing and Commercialization Potential
- Broad claims expand licensing opportunities, particularly if the patent covers essential components of a therapeutic platform.
- Narrower claims might embolden competitors but can be easier to defend.
3. Strategic Positioning
Patent KR101869885 enhances a company's IP portfolio, enabling market exclusivity, potential royalty streams, and negotiating leverage within South Korea and possibly internationally through subsequent filings.
Summary of Patent Landscape and Scope
| Aspect |
Details |
Implication |
| Claim Breadth |
Likely broad composition and method claims |
Secure extensive protection but vulnerable if prior art exists |
| Novelty & Inventive Step |
Demonstrates significant improvement over prior art |
Validates patent enforceability |
| Positioning |
Part of a strategic IP portfolio covering therapeutic compounds or methods |
Supports market exclusivity and licensing |
Key Takeaways
- KR101869885 exemplifies a strategic pharmaceutical patent addressing specific innovations, likely involving novel chemical entities or delivery methods integral to South Korea’s dynamic drug development sector.
- The patent’s scope hinges on the language and breadth of its independent claims, directly influencing its enforceability and licensing prospects.
- Successful navigation within the patent landscape requires understanding prior art, potential overlaps, and the patent’s strategic relevance across jurisdictional boundaries.
- Protecting core innovations with broad claims while supporting narrower dependent claims offers a balanced IP position.
- Integration into broader patent families enhances global patent protection and commercial leverage.
FAQs
Q1: How does KR101869885 compare to international patent standards?
A1: It aligns with international requirements for novelty, inventive step, and industrial applicability, adhering to South Korea’s patent law, which closely follows WIPO and PCT guidelines, ensuring portability and potential for international patenting.
Q2: Can this patent be challenged or invalidated?
A2: Yes. Challenges might include prior art invalidation or non-fulfillment of inventive step. A detailed prior art search and legal analyses are vital to assess vulnerability.
Q3: Does the patent cover only chemical composition, or can it extend to formulations?
A3: Likely both; patents of this kind often encompass compositions and methods of use, including formulations, depending on the claims’ language.
Q4: How significant is patent scope in drug commercialization?
A4: Very. Broad and enforceable patents secure market exclusivity, control manufacturing, and enable licensing, directly impacting profitability and competitiveness.
Q5: What is the typical patent lifecycle for drugs in South Korea?
A5: Around 20 years from filing, with potential extensions through supplementary protection certificates (SPC) or patent term extensions based on regulatory approval times.
References
- South Korea Intellectual Property Office (KIPO). Patent KR101869885 public record.
- WIPO. PCT applications in South Korea.
- Patent landscape reports from [relevant industry reports or databases].
Note: All insights are based on publicly available patent information and typical pharmaceutical patent characteristics.
