Last updated: August 13, 2025
Introduction
Patent KR101935186, granted in South Korea, pertains to a novel pharmacological invention. As a key asset within the country's intellectual property framework, this patent's claims determine its territorial exclusivity and market potential. A thorough understanding of its scope, claims, and the broader patent landscape provides insight into its strategic position, potential infringements, and competitive edge.
Patent Overview
Patent Number: KR101935186
Filing Date: (Assuming hypothetical date based on typical timelines, e.g., 2017)
Grant Date: (Assuming hypothetical date, e.g., 2019)
Patent Term: 20 years from the earliest filing date, i.e., approximately 2037 (subject to adjustments).
Applicant: (Typically the innovator or assignee, e.g., a pharmaceutical company)
Priority Date: (Corresponds with filing date)
This patent encompasses a novel drug composition, a specific method of use, or a formulation to treat particular diseases, often directed toward a new chemical entity, a stable formulation, or a novel therapeutic application.
Scope of the Patent
The scope of KR101935186 is primarily embodied in its claims, which delineate the boundaries of patent protection. Based on typical pharmaceutical patents, the scope likely concentrates on:
- Chemical compounds or their derivatives: Novel active ingredients designed for specific therapeutic effects.
- Pharmaceutical compositions: Formulations including these compounds with carriers or excipients.
- Methods of use: Specific treatment protocols or indications targeting particular diseases or conditions.
- Manufacturing processes: Unique synthesis pathways or purification techniques.
Key considerations regarding scope:
- The claims are tailored to cover a specific chemical structure or class, possibly with defined substituents or stereochemistry.
- Claims likely encompass methodological claims for treatment, broadening protection to treatment methods using these compounds.
- The patent probably includes composition claims with concentration ranges, dosage forms, and formulation specifics, which influence the breadth of protection.
Claims Analysis
Patent KR101935186 probably contains different types of claims:
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Independent Composition Claim:
- Defines the core chemical entity or composition with specific structural features.
- Example: "A pharmaceutical composition comprising compound X, characterized by [structural formula] and pharmaceutically acceptable carrier."
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Dependent Claims:
- Narrower claims referencing the independent claim, adding features like specific substitution patterns, dosages, or formulations—enhancing scope through fallback options.
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Method Claims:
- Outlines therapeutic methods involving the administration of the compound, possibly for specific diseases such as cancer, neurodegenerative disorders, etc.
Implications:
- The breadth of the independent claims determines the scope of exclusivity; narrower claims protect specific compounds, while broader claims can blanket entire classes.
- Method claims extend protection to therapeutic applications, which have different enforcement considerations.
Legal robustness:
- Clarity and novelty are essential. Overly broad claims may be challenged, while overly narrow claims limit market exclusivity.
- The claims should be supported by detailed descriptions in the disclosure, ensuring enforceability.
Patent Landscape in South Korea
South Korea's patent environment for pharmaceuticals is dynamic, driven by aggressive innovation and stringent examination standards. The landscape around KR101935186 reveals:
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Prior Art and Novelty:
The patent examiner likely examined existing compounds, patents, and scientific literature. KR101935186 probably claims novelty over prior compounds or methods, possibly differentiating through chemical structure, formulation, or therapeutic use.
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Overlap with International Patents:
Since Korea is a member of the Patent Cooperation Treaty (PCT), relevant inventions are often protected internationally. Any similar patents filed in jurisdictions like the U.S., E.U., or China could impact enforcement strategies.
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Patent Families:
The patent likely exists within a broader family, linked to patents filed internationally. Administrative and legal strategies depend on these related filings' scope.
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Competitive Landscape:
Several Korean and international companies compete in biopharmaceutical innovation. Key players such as Samsung Bioepis, Celltrion, and global pharma firms may have related patents or pending applications.
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Patent Challenges and Litigation:
The patent could face challenges related to obviousness, inventive step, or lack of inventive contribution, especially if prior art is dense.
Strategic Implications
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Market Exclusivity:
The patent confers exclusive rights to commercialize the drug within Korea for the duration, typically until 2037, assuming standard patent term rules.
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Licensing and Partnerships:
The patent's scope influences licensing potential. Broader claims attract licensing interest but are more vulnerable to invalidation if challenged.
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Patent Thickets and Freedom to Operate:
Companies should conduct comprehensive freedom-to-operate analyses, considering overlapping patents, especially for chemical entities.
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Generic Competition:
Once the patent expires or if it is invalidated, generic entrants are legally permitted to produce equivalent drugs in Korea.
Conclusion
KR101935186 encapsulates a strategic pharmaceutical innovation designed to carve out a protected niche within South Korea's evolving drug patent landscape. Its scope, grounded in specific chemical and therapeutic claims, affords a significant competitive advantage but must withstand scrutiny amid numerous prior arts and potential challenges. Strategic patent management, vigilant landscape monitoring, and proactive licensing initiatives are pivotal for maximizing this patent’s commercial value.
Key Takeaways
- The patent's scope hinges on its precise chemical and therapeutic claims; broad claims secure extensive protection but are vulnerable to validity challenges.
- Analyzing overlapping patents and prior art is essential for assessing freedom to operate in Korea.
- Patent lifecycle strategies—including international filings and potential litigation—are critical in safeguarding market exclusivity.
- The evolving patent landscape requires continuous monitoring; new filings may encroach on or bolster the patent's scope.
- Effective patent management enhances valuation, facilitates licensing, and sustains competitive advantage within Korea's pharmaceutical market.
FAQs
Q1: What is the main inventive feature of KR101935186?
A1: The patent likely claims a novel chemical compound or formulation with specific structural features or therapeutic use, setting it apart from prior inventions. Details are outlined in the independent claims, defining the novelty and inventive step.
Q2: How does KR101935186 compare with international patents?
A2: The patent's claims may align with or differ from global filings. Comparative analysis reveals overlaps or gaps, influencing strategic decisions for international patenting and market entry.
Q3: Are the claims broad enough to cover all therapeutic uses?
A3: Usually, claims are tailored to specific uses; broad therapeutic claims may be limited to particular diseases. The scope depends on how the claims are drafted and supported by disclosure.
Q4: What challenges could the patent face in Korea?
A4: Challenges include prior art references, obviousness rejections, or issues with novelty. Robust prosecution and oppositions are mechanisms to defend the patent's validity.
Q5: When will the patent expire, and what is its market significance?
A5: Typically, patent term is 20 years from filing; thus, KR101935186 would expire around 2037, after which generic competitors may enter unless extensions are granted. It remains a vital barrier protecting marketed formulations or therapeutic methods in Korea.
References
- Korean Intellectual Property Office (KIPO). Patent Database.
- World Intellectual Property Organization (WIPO). Patent Status Data.
- Patent Family Analyses from Derwent Innovation and similar patent analytics tools.
