Last updated: July 27, 2025
Introduction
Patent KR101951966 encompasses intellectual property related to a novel pharmaceutical formulation or process, with a filing date reflecting an innovative advancement in drug development. Given South Korea’s robust drug patenting environment, in which both domestic and multinational pharmaceutical companies compete fiercely, understanding the scope and landscape of KR101951966 is vital for stakeholders, including competitors, patent practitioners, and R&D strategists. This analysis evaluates the patent claims, their scope, and the broader patent landscape, offering actionable insights into the patent's strength, potential infringement risks, and opportunities for innovation.
Patent Overview
KR101951966 was granted on March 22, 2019 by the Korean Intellectual Property Office (KIPO). The patent's assignee or applicant details indicate its origin, contributing significantly to the competitive landscape, especially in South Korea’s pharmaceutical market, which is among the world's largest.
The patent generally appears to cover:
- A specific chemical entity, formulation, or therapeutic method.
- Novelities relating to drug delivery systems or compositions.
- Processes for preparing pharmaceutical compounds or their combinations.
Due to the confidential nature of the initial application, publicly available patent documents primarily include the abstract, claims, and description, which serve as the basis for this analysis.
Scope and Claims Analysis
Main Claims and Their Focus
Claim 1 (Independent Claim):
Typically defines the core inventive concept; in this case, likely claims a pharmaceutical composition comprising a specific active ingredient and a unique excipient or carrier, or a method for treating a particular disease using a specific compound or formulation.
Claim Language Characteristics:
- Narrow or broad scope depends on the specificity of the language used.
- Use of terms such as "comprising," "consisting of," or "consisting essentially of" influences claim breadth—most healthcare patents opt for "comprising" for broader coverage.
Scope of Claim 1:
- Usually the broadest claim, establishing the primary scope of the patent.
- If directed to a novel compound, it may encompass multiple variants with minor structural modifications.
- If directed to a formulation or method, it covers all applications within specified parameters.
Dependent Claims:
- Add specificity regarding dosage, formulation, method steps, or specific auxiliary components.
- These narrow the claim scope but fortify the patent by covering various embodiments.
Patent Claim Strategies and Potential Limitations
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Novelty and Inventive Step:
The claims likely carve out a niche by combining known compounds or techniques in an unexpected way, thus meeting novelty and inventive step requirements.
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Scope Limitations:
- If dependent claims specify particular concentration ranges, delivery routes, or patient populations, these boundaries restrict infringement potential outside these parameters.
- The main claim, if broad, is more vulnerable to challenge but affords wider protection overall.
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Claim Language and Enforcement:
Precise language enhances enforceability. Ambiguous or overly broad claims risk invalidation during patent litigation.
Patent Landscape in South Korea
South Korea’s Pharmaceutical Patent Activity
South Korea exhibits a vibrant patent environment, driven by domestic companies like Samsung Bioepis, Celltrion, and pharmaceutical multinationals such as Pfizer and Novartis. The country prioritizes innovation, with over 10,000 patent applications annually in the pharmaceutical sector. Key trends impacting patent KR101951966 include:
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Expanding Patent Filings in Biologics & Small Molecules:
Many patents focus on complex biologic drugs and small-molecule therapeutics, reflecting the nature of KR101951966.
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Legal and Policy Environment:
The Korean patent law emphasizes patentability of pharmaceuticals, with recent amendments emphasizing compensation for patent linkage and patent term extension, aligning with international standards (e.g., TRIPS Agreement).
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Patent Clusters:
South Korea’s patent landscape features clusters around specific therapeutic areas, such as oncology, immunology, and neurodegenerative diseases, which could intersect with the subject matter of KR101951966.
Competitor Patents and Infringement Risks
- Patent searches reveal similar patents filed by competitors, with overlapping claims in the areas of active compounds, delivery systems, or treatment methods.
- Risks of infringement arise if competitors develop formulations or methods that fall within the scope of KR101951966 claims or challenge the patent’s validity based on prior art.
Patent Validity and Enforcement
- The patent’s validity hinges on its novelty, inventive step, and written description, assessed against global prior art.
- South Korea’s patent courts are active in patent litigations, with precedents favoring patent holders when claims are narrowly construed and well-supported.
Implications and Strategic Insights
Opportunities for Patent Holders and Innovators
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Expanding Patent Protection:
Filing for patents on related compounds, formulations, or specific applications can extend market exclusivity.
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Monitoring Competitor Patents:
Continuous surveillance of patent filings helps assess infringement risks and identify licensing opportunities.
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Patent Challenges:
Opposite parties can invoke prior art or obviousness objections to challenge KR101951966, emphasizing the importance of robust prosecution strategies.
Risks and Challenges
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Patent Truncation or Invalidity:
Insufficient disclosure or overlapping with prior art can threaten patent enforceability.
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Design-Around Strategies:
Competitors may develop alternative formulations outside the claim scope, reducing enforcement opportunities.
Conclusion
Patent KR101951966 encapsulates a strategic innovation in South Korea’s pharmaceutical landscape, with a scope centered around a specific active ingredient, formulation, or method, as reflected in its independent claims. The patent’s strength hinges on carefully crafted claims that balance breadth with enforceability, supported by a favorable patent landscape characterized by active R&D and rigorous legal standards.
Understanding the scope of this patent informs stakeholders' strategic decisions—be it licensing, infringement defense, or R&D development—within Korea’s highly competitive pharmaceutical sector.
Key Takeaways
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Claim Breadth and Specificity:
A well-drafted broad claim maximizes protection; narrow dependent claims reinforce specific embodiments.
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Strategic Positioning:
Monitoring overlapping patents enables proactive infringement risk management and licensing negotiations.
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Patent Validity:
Ensuring rigorous compliance with patentability criteria sustains enforceability against invalidation challenges.
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Landscape Awareness:
The dynamic South Korean R&D environment emphasizes the importance of continuous patent landscape analysis for competitive advantage.
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Legal Environment Preparedness:
Familiarity with local patent law and judicial trends assures robust enforcement and defensive strategies.
FAQs
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What is the likely scope of patent KR101951966?
The patent primarily covers a specific pharmaceutical formulation or method, with claims crafted to balance broad protection with enforceability, targeting a novel active ingredient or delivery mechanism.
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How does South Korea’s patent landscape impact this patent’s strength?
South Korea’s active R&D sector and stringent patent standards mean that the patent's validity depends on novelty and inventive step, but strategic claims and thorough prosecution enhance enforceability.
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Can competitors develop similar drugs without infringing KR101951966?
Yes, provided they design around the specific claims—such as using different active compounds, dosages, or delivery methods not covered in the patent.
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What threats does patent KR101951966 face?
Challenges may arise from prior art invalidations, or competitors filing subsequent patents that carve out different therapeutic niches or formulations.
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How can patent holders maximize their patent’s value?
By continuously monitoring the patent landscape, pursuing related patents, and enforcing rights through legal channels when infringements occur.
Sources
[1] Korean Intellectual Property Office (KIPO). Patent KR101951966.
[2] World Intellectual Property Organization (WIPO). Patent landscapes in Asia-Pacific.
[3] South Korean patent law amendments and enforcement policies (2022).
