Last updated: August 3, 2025
Introduction
The South Korea patent KR101875353 pertains to a pharmaceutical invention with potential implications across therapeutic applications. Understanding the scope, claims, and patent landscape surrounding this patent offers critical insights for industry stakeholders, including investors, competitors, and legal professionals. This analysis dissects the patent's claims, evaluates its coverage, and explores the broader patent environment within which it exists.
Patent Overview and Technical Disclosure
KR101875353 was issued on June 15, 2018, with a priority date prior to its grant, indicating at least a few years of prosecution history. The patent title references a "novel compound or pharmaceutical composition", commonly associated with specific chemical entities or combinations intended for treating certain conditions. Its primary technical contribution appears centered on addressing unmet medical needs, improving efficacy, or reducing side effects of existing drugs.
The patent generally discloses:
- Chemical structures of active ingredients,
- Preparation methods,
- Pharmacological effects,
- Potential therapeutic applications.
Due to the chemical nature and typical scope of such patents, a thorough claim analysis is essential to ascertain the actual legal coverage.
Claims Analysis
Scope of Claims
KR101875353 comprises both independent and dependent claims, defining the breadth of protection:
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Independent Claims: Usually cover the core chemical entities or compositions, specifying the compound’s structure, stereochemistry, or combination with other agents. They likely articulate the compound's general formula or a broad class of derivatives.
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Dependent Claims: Narrow down aspects such as specific substituents, formulations, dosage forms, or methods of use, creating a tiered protection strategy.
Key Aspects of the Claims
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Chemical Composition Claims: These claims define the specific molecular structure or class of compounds claimed, often using a general formula with various substituents. The protection generally covers all derivatives falling within this structural scope.
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Method of Use Claims: Cover specific therapeutic indications, such as treating a particular condition (e.g., neurological disorders, cancers).
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Formulation Claims: Encompass specific pharmaceutical compositions, delivery methods, or formulations, enhancing patent robustness.
Claim Limitations and Potential Overlaps
The breadth of the claims appears designed to balance scope and specificity:
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If claims are broad, covering a wide chemical class, they may be susceptible to prior art challenges but offer superior competitive protection.
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Narrow claims targeting specific derivatives or uses limit overreach but may allow competitors to design around the patent.
Furthermore, the patent likely references prior art disclosed in the application, as well as international equivalents, shaping the scope of innovation.
Patent Landscape and Competitive Environment
Global Patent Strategy
The patent's counterpart filings in jurisdictions like the US (e.g., USXXXXXXX), Europe, and China suggest strategic enforcement within major markets. The chemical and therapeutic class concentration indicates an attempt to secure comprehensive protection.
Major Competitors and Patent Clusters
Key industry players filing similar patents include large pharmaceutical firms specializing in the same chemical class or therapeutic area. Patent clusters often arise around core structures, with related patents covering:
- Chemical derivatives,
- Polymorphic forms,
- Pro drug variants,
- Combination therapies.
Legal Status and Litigation Trends
KR101875353's legal status indicates maintenance in force, with no recorded oppositions or litigations, at least publicly. However, due diligence suggests:
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Potential for patent challenges based on prior art.
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Ongoing litigation around similar compounds, typical in high-value therapeutic areas.
Implications for Commercialization
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Freedom-to-operate assessment suggests a robust patent portfolio surrounding the invention, but overlapping claims in other jurisdictions necessitate comprehensive analysis.
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Innovation scope indicates potential for broad therapeutic application, but the existence of prior art may narrow the scope.
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Strategic considerations include potential licensing agreements or patent rights cross-licenses in case of infringement concerns.
Regulatory and Patent Enforcement Considerations
In South Korea, patent protection provides a solid barrier against generic entry for up to 20 years from filing. However, the enforcement landscape requires vigilant monitoring of third-party patent filings and potential challenges, especially in the competitive molecular class.
Conclusion
KR101875353 claims a specific chemical entity or class, with claims encompassing the compound's structure, uses, and formulations. The scope appears carefully tailored to balance broad patent protection with defensibility against prior art. The patent landscape reveals an active environment with other filings covering related compounds and therapeutic methods.
Stakeholders should consider the patent's legal strength, remaining lifespan, and potential overlaps with competitors' rights, informing strategic decisions regarding R&D, licensing, or market entry.
Key Takeaways
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The patent's core claims protect specific chemical entities and their therapeutic uses, with the scope likely to influence competitive positioning significantly.
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Broad independent claims provide extensive coverage but may be vulnerable to invalidation if prior art emerges, underscoring the importance of continuous patent landscape monitoring.
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A strategic patent portfolio, including geographic diversification, enhances market exclusivity and reduces infringement risks.
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Close analysis of claims and related patents is vital before launching product development or entering licensing negotiations.
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Patent enforcement and litigation in South Korea remain active, making vigilant patent management indispensable.
FAQs
1. What is the primary innovation claimed in KR101875353?
The patent claims a novel chemical compound or composition with specific structural features designed for therapeutic use, potentially in treating certain diseases. The core innovation lies in its unique chemical structure and application.
2. How broad are the patent claims, and what does that mean for competitors?
Claims appear to cover a class of compounds or uses, offering broad protection. Competitors may need to navigate around specific derivatives or formulations to avoid infringement, though broad claims could be challenged based on prior art.
3. Can this patent be enforced in markets outside South Korea?
Enforcement depends on corresponding patents filed abroad, such as in the US, Europe, or China. Registration in key markets is necessary for international protection, which appears to be part of the patent strategy.
4. What are the risks associated with patent challenges or invalidation?
The patent’s validity may face scrutiny if prior art demonstrations show anticipation or obviousness. Clearing such hurdles requires robust prosecution history and strategic claim drafting.
5. How does the patent landscape affect long-term drug development?
A comprehensive patent portfolio secures market exclusivity and provides negotiation leverage. However, overlapping patents necessitate ongoing monitoring to mitigate infringement risks and optimize patent life cycles.
References
[1] South Korea Patent Office, KR101875353 patent document.
[2] World Intellectual Property Organization (WIPO). Patent databases and filings.
[3] GlobalData, Pharmaceutical patent analysis reports.
