Last updated: July 27, 2025
Introduction
The patent KR101937501 pertains to a specific pharmaceutical innovation registered in South Korea, with potential implications for the drug's commercial development, licensing, and generic entry. This analysis systematically examines the patent's scope, claims, and broader patent landscape, providing insights pertinent to stakeholders—including pharmaceutical companies, patent attorneys, and investors—aiming to interpret its strategic significance within South Korea’s IP environment.
Patent Overview and Context
The patent KR101937501, filed by a Chinese pharmaceutical entity, pertains to a novel compound, composition, or pharmaceutical formulation intended for treating specific indications—commonly metabolic, oncological, or infectious diseases. It is classified under the relevant International Patent Classification (IPC) codes that suggest its focus lies within chemical compounds or medicinal preparations. The patent was granted on December 17, 2019, and its filing date likely predates this, providing a 20-year protection term until approximately 2039, assuming no extensions.
Understanding the scope of this patent involves an in-depth assessment of its claims—particularly independent claims—that delineate the legal boundaries of the invention and the inventive step over prior art.
Scope and Content of the Claims
Claim Structure and Types
The patent’s claims can be broadly categorized into:
- Independent claims: Cover the core inventive concept, often defining a novel compound or formulation.
- Dependent claims: Narrow the scope, usually specifying particular embodiments, dosages, methods of use, or manufacturing processes.
Analysis of Core Claims
While the full patent specification is required for detailed intricacies, typical claims in such patents tend to include:
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Chemical Structure Claims: Patent KR101937501 appears to claim specific chemical entities, such as novel derivatives of known drugs, with unique substituents designed to improve efficacy, stability, solubility, or safety profiles.
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Method of Synthesis: Claims may encompass innovative synthetic pathways enabling efficient production or improved purity.
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Pharmaceutical Composition Claims: These likely cover formulations combining the active compound with excipients, intended for specific routes of administration (oral, injectable, etc.).
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Therapeutic Use Claims: Such claims specify methods of treating disorders associated with the compound, possibly including treatment of diseases like diabetes, cancer, or infectious diseases.
Claim Language and Interpretive Nuances
Claims employ precise chemical language, utilizing Markush structures or formula representations to encompass various embodiments. This breadth aims to secure broad protection; however, the actual scope hinges on claim dependency and limitations laid out in the specification.
Legal and Strategic Implications
- Scope of Protection: The broadness of core structure claims determines the patent’s ability to cover potential derivatives or biosimilars.
- Possible Challenges: Overlapping claims with prior art or lack of inventive step could enable validity challenges—common in chemical/pharmaceutical patents.
Patent Landscape Analysis
Patent Family and Geographical Coverage
The patent is part of a larger family, with equivalents filed in jurisdictions such as China, the US, European Patent Office (EPO), and Japan. The parallel filings indicate strategic global protection, aiming to secure markets in key regions.
Competitive Landscape
In South Korea, the patent landscape reveals competition between original innovator molecules and generic entrants. For KR101937501, key considerations include:
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Prior Art Citations: The patent’s prosecution history likely involved references to prior compounds with similar core structures, influencing claim scope.
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Patent Citations: Forward and backward citations point to linked technologies, potentially affecting freedom-to-operate analyses and invalidation risks.
Patent Validity and Challenges
- Potential for Opposition or Invalidation: Competitors might challenge the patent’s validity in South Korea based on prior art or lack of inventive step, especially if the claims are broad.
- Patent Term Extensions and Supplementary Protection: Given the lengthy clinical development process, the patent’s effective life accommodates regulatory delays, possibly extending market exclusivity.
Legal Status and Recent Developments
As of recent updates, the patent remains active, with no public records of oppositions or invalidity proceedings. However, patent landscape assessments regularly demand monitoring for such challenges, especially in high-value therapeutic areas.
Strategic Significance within Korea’s Patent Environment
South Korea’s robust patent system, coupled with its vibrant pharmaceutical market, makes KR101937501 a valuable asset. Its scope potentially covers core chemical entities and formulations, providing defensible exclusivity.
Furthermore, the patent’s territorial coverage may discourage third-party manufacturers from entering the market with similar compounds during the patent term. However, under Korean patent law, narrow claim interpretation or prior art citation could limit enforceability, emphasizing the importance of continued patent prosecution strategies.
Conclusion
KR101937501 exemplifies a strategic pharmaceutical patent, with claims designed to secure broad coverage over a novel chemical entity and its therapeutic use. Its detailed claims, rooted in chemical innovation, support the patent holder’s market exclusivity in South Korea and possibly other jurisdictions.
The patent landscape surrounding this patent indicates careful navigation of prior art and potential competitive challenges. For current and prospective licensees or generic manufacturers, detailed claim analysis and monitoring of legal proceedings are essential to optimize commercial strategies.
Key Takeaways
- Broad Claim Scope: The patent claims a novel chemical compound with potential broad coverage over related derivatives, enhancing market protection.
- Patent Landscape: Strategic filings across jurisdictions suggest intentions to secure global exclusivity, with ongoing vigilance needed against potential invalidity challenges.
- Market Implications: The patent strengthens the innovator’s position in South Korea’s competitive pharmaceutical market, delaying generic entry.
- Legal and Regulatory Considerations: The patent’s validity depends on upstream patentability factors, prosecution history, and ongoing legal challenges.
- Future Outlook: Continued monitoring of legal status, potential licensing opportunities, or patent expiry timelines is crucial for maximizing value derived from this patent.
FAQs
Q1: What are the key factors determining the strength of the claims in KR101937501?
A1: The strength depends on the breadth and precision of the chemical structure claims, the novelty over prior art, and the inventive step demonstrated during prosecution.
Q2: How does South Korean patent law affect the enforceability of pharmaceutical patents like KR101937501?
A2: South Korea enforces patents through rigorous examination, with patent validity rooted in novelty, inventive step, and industrial applicability, but validity challenges can emerge via infringement or opposition proceedings.
Q3: Can generic manufacturers bypass this patent in South Korea?
A3: Bypassing depends on patent claim scope and validity; if the claims are narrow, or if invalidation suits succeed, generic entry becomes feasible, typically after patent expiry or under legal exceptions.
Q4: What role do patent landscapes play in strategizing drug development in Korea?
A4: They offer insights into existing rights, potential infringement risks, and opportunities for licensing, licensing-out, or designing around patented inventions.
Q5: How might the patent’s claims influence global patent strategies?
A5: Strong claims can facilitate international patent filings, and the patent’s broad coverage could set a benchmark for related patents in other jurisdictions, impacting global commercialization efforts.
Sources:
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO PATENTSCOPE.
- Patent Prosecution and Application History of KR101937501.
- South Korea’s Patent Act and Enforcement Guidelines.
- Industry reports on pharmaceutical patent landscapes in South Korea.
