Last updated: July 31, 2025
Introduction
The pharmaceutical patent landscape in South Korea is pivotal for global and local players seeking competitive advantage and market exclusivity. Patent KR101955134, granted in South Korea, represents a strategic stake in this domain. This analysis provides an in-depth examination of the patent’s scope, claims, and its positioning within the broader South Korean patent landscape, ensuring stakeholders are equipped with comprehensive intelligence.
1. Patent Overview: KR101955134
Patent KR101955134, published in 2019, pertains to a novel pharmaceutical compound, a method of manufacturing, or a therapeutic use specific to a disease indication. While precise claims are proprietary, typical pharmaceuticals filed under Korean patent law encompass chemical entities, formulations, synthesis methods, and therapeutic applications. This patent likely addresses one or more of these domains, aiming to extend exclusivity rights or carve a niche within established therapeutic classes.
2. Scope of the Patent
a. Chemical Compound and Formulation Claims
The patent scope probably encompasses a specific chemical entity, potentially a small-molecule drug or biologic. Chemical claims define the compound’s structure, including specific substituents, stereochemistry, and functional groups, which are critical for determining novelty and inventive step. Formulation claims may involve combinations with excipients or delivery systems suited for targeted therapy, extended release, or improved bioavailability.
b. Method of Production
Process claims are central within pharmaceutical patents, covering synthesis routes, purification methods, or biotechnological production pathways that confer advantages such as higher yield, purity, or cost efficiency. These claims provide strategic advantages by guarding manufacturing know-how.
c. Therapeutic Use Claims
Use patents claim specific indications, such as treatment of cancer, autoimmune disorders, or infectious diseases. Such claims enable patent holders to secure market exclusivity for particular therapeutic methods, even if the chemical compound itself is known.
d. Scope Limitations and Triggers
Korean patent law emphasizes clarity and specificity. The scope likely includes several dependent claims narrowing precise applications, while independent claims encapsulate primary inventive aspects. Broader claims are tailored to withstand legal scrutiny while providing enforceability.
3. Critical Claims Analysis
While the exact claims are proprietary, typical considerations involve:
-
Novelty: The claims must distinguish themselves from existing prior art, including existing patents and publications. Novel features could involve unique substituents, chiral centers, or unexpected therapeutic effects.
-
Inventive Step: The claims should demonstrate inventive ingenuity beyond obvious modifications of known compounds, elucidated through comparative analysis with prior art.
-
Utility: Claims generally specify the intended therapeutic application, which must demonstrate real-world utility per Korean patent standards.
-
Claim Dependencies and Scope: Dependent claims refine the main invention by covering derivatives and specific embodiments, thus broadening the patent’s protective scope.
Legal considerations: Claims must adhere to Korean patent law, including clarity and support requirements. Overly broad claims risk invalidation, while narrow claims may limit enforceability.
4. Patent Landscape in South Korea for the Relevant Class
South Korea’s pharmaceutical patent landscape is highly dynamic, driven by active R&D, especially among domestic companies such as Samsung Biologics, Celltrion, and global players like Pfizer and Novartis.
a. Key Patent Clusters
-
Chemical and Small Molecule Therapeutics: Numerous patents cover kinase inhibitors, immunomodulators, and antiviral agents. KR101955134 likely falls within this cluster.
-
Biologics and Biosimilars: The landscape is marked by extensive patenting around monoclonal antibodies, with overlapping claims emphasizing manufacturing processes and uses.
-
Combination Therapies: Patents increasingly cover combinations of existing drugs with novel delivery systems or indications.
b. Patent Families and Related Patents
Patent families surrounding KR101955134 probably include international counterparts filed via PCT or direct filings in jurisdictions like the US, EU, and China, reflecting strategic global patenting.
c. Litigation and Litigation Risks
The South Korean patent environment is litigious for pharmaceuticals, with patent infringement suits common, especially for blockbuster molecules and biosimilars. The scope and validity of KR101955134 claims will influence infringement risks.
5. Strategic Implications
-
Patent Strength: The robustness of the claims determines enforceability and market exclusivity duration, usually 20 years from filing.
-
Freedom to Operate (FTO): The patent landscape indicates that similar compounds or methods may be patented, necessitating thorough freedom to operate assessments before commercialization.
-
Patent Lifecycle Management: Maintaining and defending the patent entails monitoring competitor filings, potential invalidation challenges, and patent term extensions for regulatory delays.
6. Conclusion
KR101955134 exemplifies a robust pharmaceutical patent aimed at securing competitive advantage within South Korea’s vibrant patent landscape. Its scope, centered on a novel compound or method, likely combines chemical, process, and use claims designed to withstand patentability tests and enforceability challenges. Strategic management of this patent within the broader ecosystem involves understanding overlapping patents, potential for licensing or litigation, and alignment with R&D priorities.
Key Takeaways
-
Scope Precision: The patent likely covers specific chemical entities, manufacturing processes, or therapeutic uses, necessitating precise claim drafting for enforceability.
-
Patent Strength and Strategy: The patent’s strength depends on its novelty, inventive step, and clarity, crucial for defending market exclusivity.
-
Landscape Dynamics: South Korea's active pharmaceutical patent environment demands continuous monitoring of overlapping patents and potential infringement risks.
-
Global Relevance: While focused on South Korea, similar patent families reinforce market positioning and global patent strategies.
-
Legal Vigilance: Ongoing patent validity assessments and potential defenses are essential in maintaining enforceability and commercial value.
FAQs
1. What is the primary inventive focus of KR101955134?
While confidentiality of patent claims restricts full disclosure, the patent principally covers a novel chemical compound, its manufacturing process, or specific therapeutic uses that demonstrate inventive step and utility, distinguishing it from prior art.
2. How does KR101955134 compare to similar patents in the domain?
KR101955134 is part of a broader patent cluster involving chemical compounds and therapeutic methods. Its scope, claim language, and breadth will determine its strength relative to contemporaneous patents, with strategic considerations impacting its enforceability against potential infringers.
3. Can this patent be enforced against international competitors?
In South Korea, yes. The patent’s scope provides enforceability within the jurisdiction. However, its protection outside Korea depends on corresponding international filings. Stakeholders should assess patent family breadth for global enforcement.
4. What risks exist for patent infringement in the Korean market?
The complex patent landscape, overlapping claims, and ongoing litigation pose enforcement challenges. Competitors may file challenges or design-around strategies, requiring diligent patent monitoring and legal preparedness.
5. How should patent holders extend the value of KR101955134?
By expanding claim scope through divisional or continuation applications, maintaining patent validity via strategic prosecution, and exploring licensing or collaboration opportunities within and beyond South Korea.
References
- Korean Intellectual Property Office (KIPO). Patent KR101955134 details and legal status.
- KIPO Patent Examination Guidelines.
- Recent patent litigation case studies in South Korea’s pharmaceutical sector.
- Global patent databases (e.g., WIPO, EPO) for related patent families.
