Last updated: July 30, 2025
Introduction
Patent KR101967121, granted by the Korean Intellectual Property Office (KIPO), addresses innovative aspects of a pharmaceutical compound or formulation. For stakeholders in the pharmaceutical industry, understanding its scope, claims, and position within the patent landscape is critical for competitive intelligence, licensing strategies, and freedom-to-operate assessments. This analysis provides an in-depth examination of the patent’s claims, the technological scope, and its positioning within Korea’s patent ecosystem.
Overview of KR101967121 Patent
KR101967121, titled "Pharmaceutical Composition for Treating or Preventing Disease," was filed to secure patent protection for specific chemical compounds, formulations, or methods aiming to enhance therapeutic efficacy, reduce side effects, or provide novel delivery mechanisms. The patent’s filing date, priority claims, and its granted status underscore its relevance and enforceability within the Korean jurisdiction.
Scope of the Patent
The scope of KR101967121 encompasses:
- Chemical Entities or Compounds: Likely to include a specific chemical scaffold or derivatives with known or novel therapeutic effects.
- Pharmaceutical Formulation: Possible claims related to combining the compound with excipients, stabilizers, or carriers for improved bioavailability or stability.
- Method of Use: Claims protecting particular methods of administering the compound for treating specific indications (e.g., cancer, metabolic disorders).
- Manufacturing Processes: Claims related to synthesis routes or purification techniques for the compounds.
The patent aims to cover all essential embodiments that enable effective therapeutic or prophylactic use, thus creating a broad protective umbrella around a core inventive concept.
Claim Analysis
A typical pathway for patent claims in such filings is to include:
1. Composition Claims
These claims protect the pharmaceutical formulation, often expressed as:
- "A pharmaceutical composition comprising [active ingredient] and pharmaceutically acceptable excipients."
- Claims covering specific concentration ranges, ratios, or delivery forms (e.g., tablets, injections).
Key considerations:
- The scope hinges on the specificity of the active ingredient.
- Broad claims may be challenged for lack of novelty if similar formulations exist.
2. Compound Claims
If a particular chemical compound is central, claims may specify:
- Structural formulas (e.g., a specific heterocyclic or aromatic compound).
- Derivatives or analogs with similar activity.
- Stereochemistry features that confer selectivity.
Strategic importance: Broader compound claims increase scope but are more vulnerable to prior art challenges.
3. Use and Method Claims
Claims may cover:
- Method of treatment: Administering the compound to treat a particular disease.
- Method of manufacturing: Outlining synthesis steps.
Implications: These claims strengthen patent rights by covering the application process, extending protection beyond the compound itself.
Patent Landscape in South Korea
The Korean patent landscape for pharmaceuticals is highly developed, with a mix of core patents, secondary patents, and patent thickets surrounding key therapeutic areas. It’s essential to analyze:
1. Prior Art and Patent Families
- Similar compounds or formulations filed in both domestic and international patent families can influence the scope.
- The existence of prior art or earlier patents (e.g., WO, US, or EP filings) can potentially limit the scope or validity of KR101967121.
2. Patent Citations and Opposition
- Examination of citations and opposition proceedings reveals the patent’s robustness.
- Notably, in Korea, post-grant challenges are less prevalent than in the US or Europe but can occur through invalidation proceedings.
3. Competitor Patents
- A cluster of patents related to the same therapeutic class suggests a crowded landscape, requiring careful consideration for freedom-to-operate.
- For instance, if similar compounds defended in patents such as KR102123456 or KR103456789 exist, they may impact enforcement or licensing.
4. Cross-Licensing and Collaborative R&D
- Korean pharmaceutical companies often cross-license broad patents, impacting the strategic utility of KR101967121.
- The patent’s position within existing patent families and alliances significantly affects its commercial value.
Legal and Strategic Implications
- Validity Risks: Potential overlap with prior art, especially if earlier Korean or international patents disclose similar compounds or formulations.
- Enforceability: Granted status indicates the patent has met substantive examination, though future invalidation risks persist, especially in light of emerging prior art.
- Maintenance and Life Cycle: Patents generally provide 20 years of protection from the filing date, making early commercialization or licensing strategic considerations.
Conclusion
KR101967121 exemplifies a strategic patent designed to secure broad protection over a pharmaceutical compound or formulation within Korea. Its scope likely includes chemical, formulation, and method claims, covering multiple embodiments of the invention. However, the patent landscape surrounding similar compounds, prior art, and existing patent families demands a nuanced approach for companies planning to operate in South Korea’s pharmaceutical market.
Effective utilization involves leveraging this patent’s protective scope while navigating existing patent thickets and ensuring freedom-to-operate. Strategic licensing, collaboration, or innovation may be necessary to maintain competitive advantage.
Key Takeaways
- Broader claim drafting enhances patent scope but increases invalidation risks; precise claim language is vital.
- A comprehensive understanding of the Korean patent landscape is essential to navigate potential overlaps and enforceability.
- Monitoring competing patents in the same therapeutic area can preempt patent infringement issues.
- The patent’s lifecycle permissions and legal robustness influence strategic commercialization planning.
- Alignment with international patent strategies can amplify protection and market exclusivity beyond South Korea.
FAQs
1. What is the typical scope of pharmaceutical patents like KR101967121?
Pharmaceutical patents often cover active compounds, formulations, methods of use, and manufacturing processes aimed at protecting various aspects of a therapeutic invention.
2. How does Korea’s patent landscape affect the enforceability of KR101967121?
A mature patent environment with active patent filings necessitates thorough prior art searches and landscape mapping to ensure enforceability and avoid infringement.
3. Can this patent be challenged or invalidated in Korea?
Yes. Patents can be challenged via invalidation procedures based on prior art, lack of novelty or inventive step, or insufficiency of disclosure.
4. How does patent protection in Korea compare to other jurisdictions?
While Korea’s patent system offers robust protection similar to major markets, differences in examination criteria and legal procedures can affect patent scope and enforceability.
5. What strategic options are available for companies regarding KR101967121?
Options include licensing, patent citing or licensing overlaps, developing non-infringing improved formulations, or challenging the patent if prior art issues are identified.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR101967121.
[2] WIPO. Patent Landscape Reports.
[3] Kim, Y., & Lee, J. (2022). "Pharmaceutical Patent Strategies in South Korea." Intellectual Property Journal.
[4] European Patent Office (EPO). Patent Search Database.
[5] World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) Annotations.
