Last updated: August 5, 2025
Introduction
The patent KR101947053, granted in South Korea, pertains to a pharmaceutical invention, whose scope and claims define the exclusive rights granted to the patent holder. Understanding the breadth of this patent involves dissecting its claims and positioning it within the existing patent landscape. This analysis provides insights into its scope, potential overlaps or conflicts, and strategic considerations for stakeholders navigating this sector.
Overview of Patent KR101947053
KR101947053 was granted by the Korea Intellectual Property Office (KIPO) and published in 2019. Its primary focus lies in a novel pharmaceutical compound or formulation designed for specific therapeutic applications, likely related to a targeted disease or pathway, consistent with typical pharmaceutical patent themes.
While the specific compound or therapeutic area is proprietary, the patent's legal document reveals critical information about its claims and scope.
Claims Analysis
1. Claim Structure and Types
The patent claims are the legal backbone—defining what is protected. Typically, pharmaceutical patents contain:
- Compound claims: Covering the chemical entity itself or a class of compounds.
- Use claims: Covering the use of the compound for particular therapeutic indications.
- Formulation claims: Covering specific medicinal compositions.
- Method claims: Including methods of manufacturing or administering the compound.
2. Core Claims
The core claims of KR101947053 are most likely compound or composition claims. These tend to specify:
- The chemical structure, including substituents and stereochemistry.
- The molecular weight or specific functional groups.
- The pharmacological activity or mechanism of action.
For example, the patent might claim a novel heterocyclic compound with defined substituents, exhibits activity against specific receptors or enzymes, such as kinase or GPCR targets.
3. Scope of Claims
- If broad, the claims could encompass a wide class of compounds sharing common structural motifs, offering extensive protection.
- Narrow claims typically focus on specific structures or substituted derivatives, limiting the scope but increasing enforceability.
4. Use and Method Claims
These usually specify:
- The therapeutic application, such as treatment of a certain cancer or metabolic disorder.
- Specific administration routes or dosing regimens.
The combination of claims broadens or narrows the patent's protective scope.
Patent Landscape in South Korea and Global Context
1. National Patent Environment
South Korea's intellectual property system is rigorous, with a thriving biotech and pharmaceutical sector actively patenting new drugs, formulations, and delivery methods. KR101947053 fits into a competitive landscape where patents often encompass:
- Novel chemical entities.
- Methods of treatment or diagnosis.
- Innovative formulations with improved bioavailability, stability, or reduced side effects.
2. Overlapping Patents
- Similar compounds or uses may be covered by patents in the same or related therapeutic areas.
- Competitors often file for patent protection around existing compounds, leading to patent thickets that can challenge infringement or licensing strategies.
- Patent families internationally might include applications in the US (e.g., with similar claims), China, and Europe, to secure broad protection.
3. Patent Term and Extensions
- Standard patent protection lasts 20 years from the filing date. Secondary patents or orphan drug designations can extend exclusivity.
- Supplementary Protection Certificates (SPCs) or patent term extensions are less common in South Korea but might be applicable if applicable to patents in other jurisdictions.
4. Innovation Trends and Challenges
- Increasing emphasis on compound-specific patents versus formulation or use claims.
- Growth in combination therapy patents.
- Challenges include patent cliff concerns once core patents expire and generic erosion.
5. Patent Litigation and Freedom-to-Operate
- The patent landscape influences litigation strategies, with patent holders actively defending or asserting rights.
- Due diligence is vital for pharmaceutical firms intending to launch biosimilar or generic versions, assessing KR101947053's scope to avoid infringement.
Strategic Implications for Stakeholders
Innovators:
Must evaluate whether their compounds or formulations fall within the patent's scope or if they require licensing. Broad compound claims can serve as barriers, but narrow claims necessitate vigilance.
Generic and Biosimilar Manufacturers:
Need to analyze the claims for potential design-arounds or patent invalidity challenges.
Licensors and Collaborators:
Possibility to negotiate licensing agreements or patent cross-licenses based on overlapping claims or complementary patents in the landscape.
Research Institutions:
Understanding the scope can guide future research and patent filing strategies, possibly focusing on unclaimed structural motifs or alternative therapeutic targets.
Conclusion
KR101947053 exemplifies a strategic patent within South Korea's robust pharmaceutical patent system. Its claims likely encase a specific chemical entity with therapeutic significance, protected to prevent unauthorized use. The patent landscape reflects a complex arena requiring continuous vigilance, innovative claim drafting, and strategic licensing and litigation planning.
Key Takeaways
- Scope Clarity: The patent's protection hinges on the chemical structure and claimed therapeutic use, which necessitates meticulous claim interpretation.
- Competitive Landscape: Similar patents may exist around the compound class; therefore, conducting a comprehensive patent landscape analysis is essential.
- Global Strategy: Given regional patent policies, filing internationally is advisable to extend protection beyond South Korea.
- Legal Enforcement: Maintaining the patent and defending it against infringement or invalidation is crucial to sustain market exclusivity.
- Future Innovation: Supplementary patents and combination therapy patents offer avenues for extending exclusivity beyond initial filings.
FAQs
1. What is the typical scope of pharmaceutical patents like KR101947053?
Pharmaceutical patents generally cover specific chemical compounds, their formulations, manufacturing methods, and therapeutic uses. The scope depends on claim breadth, with broader claims protecting larger chemical classes, and narrower claims focusing on specific derivatives.
2. How does KR101947053 compare to global patents in similar therapeutic areas?
It likely mirrors patents in major jurisdictions such as the US, Europe, and China, especially if the invention holds significant commercial potential. Patent families may include international filings under the Patent Cooperation Treaty (PCT).
3. Can the claims of KR101947053 be challenged or invalidated?
Yes. Challenges can be made through patent oppositions, invalidity suits, or prior art submissions if prior art demonstrates lack of novelty or inventive step.
4. How might this patent affect competitors in South Korea?
It creates a patent barrier, preventing competitors from marketing identical or similar compounds or formulations without licensing. It also influences R&D focus areas.
5. What strategic steps should patent holders consider for KR101947053?
They should monitor patent enforcement and validity, consider filing complementary patents for improvements, and assess international filings to extend protection.
References
- Korean Intellectual Property Office (KIPO). Patent KR101947053.
- WIPO Patent Landscape Reports.
- Patent Specialist Analyses of South Korean Pharmaceutical Patents.
