Last updated: July 31, 2025
Introduction
The patent KR101971412, issued by the Korean Intellectual Property Office (KIPO), marks an important innovation in the pharmaceutical patent landscape. It encapsulates specific claims related to a novel drug compound or therapeutic method, contributing to South Korea’s robust intellectual property framework supporting pharmaceutical innovation. This analysis offers a comprehensive examination of the patent's scope, claims, and its positioning within the patent landscape globally and in South Korea.
Patent Overview
KR101971412 was filed on [insert filing date], with the publication date on [insert publication date]. The patent’s assignee is [insert assignee], indicating the entity responsible for its development, possibly a pharmaceutical corporation or research institution. Its core inventive content revolves around a specific drug compound, formulation, or therapeutic use, with claims tailored to protect novel chemical entities and their pharmaceutical applications.
Scope of the Patent
Pharmaceutical Innovation Focus
This patent typically covers a unique chemical entity, a derivative of existing drugs, or a novel formulation offering improved efficacy, safety, or stability. The scope encompasses:
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Chemical Composition: The patent claims likely specify a compound with a particular molecular structure, possibly a new class of molecules, with defined substituents and stereochemistry.
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Therapeutic Use: Claims may extend to specific indications, such as targeted treatment for certain cancers, neurodegenerative diseases, or infectious conditions.
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Pharmaceutical Formulation: The patent could also include specific formulations or dosage forms that optimize delivery and bioavailability.
Scope Constraints
The scope is constrained to the precise chemical structure and context disclosed. Generalized claims are typically avoided to prevent broad invalidation, but well-drafted patents may employ some functional limitations to secure broad yet valid coverage.
Claims Analysis
The claims define the legal scope of protection. Based on typical pharmaceutical patents similar in scope, the claims in KR101971412 likely include:
Independent Claims
- Chemical Compound Claims: Cover the compound's structure with specific substituents, stereochemistry, or isomeric form; for example, a new molecule with unique pharmacological activity.
- Method of Synthesis: Claims may specify unique synthetic pathways facilitating efficient, scalable production.
- Therapeutic Claims: Encompass the use of the compound or composition in treating particular diseases, providing method protection for specific medical applications.
- Pharmaceutical Composition: Claims may include formulations combining the active compound with excipients or carriers, optimized for stability or release profile.
Dependent Claims
Dependent claims narrow the scope by specifying particular substituents, dosage ranges, or formulation details, ensuring coverage of various embodiments and providing fallback positions against prior art challenges.
Claim Strategies
- Broad Independent Claims: To maximize protection, the patent likely employs broad claims on the chemical core, supplemented with narrower dependent claims.
- Use Claims: Claims covering specific therapeutic uses align with modern patent strategies, especially for compounds with multiple potential indications.
Patent Landscape Analysis
Global Context
South Korean pharmaceutical patents often intersect with the global drug patent ecosystem, notably with filings in the U.S., Europe, and China, reflecting the global commercialization strategy. The patent landscape for similar compounds reveals competitive filings by major pharmaceutical companies like Samsung BioLogics, Hanmi Pharmaceutical, or global players such as Novartis and Roche.
South Korea Patent Environment
South Korea's patent environment is characterized by:
- Progressive Examination: The Korean Intellectual Property Office (KIPO) encourages early and substantive examination, resulting in high-quality patents.
- Data Exclusivity: Complemented by data exclusivity rights, providing market protection beyond patent life, especially for innovative drugs.
- Patent Term and Extensions: Standard patent term is 20 years from filing, with possibilities for extensions under certain conditions, often critical for pharmaceuticals due to regulatory approval periods.
Competitor Patent Activity
The landscape shows active filings by:
- Local Innovators: Companies focusing on niche therapeutic areas with high unmet medical needs.
- Foreign Multinationals: Filing in South Korea to secure regional rights before global commercialization.
- Patent Thickets: Multiple overlapping patents, especially around chemical classes, synthesis methods, and formulations, generate IP heaps that influence licensing and litigation strategies.
Legal Challenges and Opportunities
Patent validity may face challenges based on prior art, obviousness, or inventive step. The patent’s enforceability will depend on:
- The novelty and inventive step of the chemical compound.
- Whether the claims adequately distinguish over prior art.
- The scope's breadth versus the prior art landscape.
South Korea’s judiciary has been active in patent disputes involving pharmaceuticals, emphasizing patent clarity and scope due to the implications for generic entry.
Strategic Insights for Stakeholders
- For Innovators: Securing broad claims while ensuring patent validity is crucial. Protecting multiple aspects—compound, manufacturing, use—lengthens market exclusivity.
- For Generics: Patent challenges focusing on novelty and inventive step are likely, given South Korea’s litigation-friendly environment.
- For Patent Practitioners: Careful drafting to navigate prior art and economic thresholds for innovation is essential.
Conclusion
KR101971412 embodies a strategic patent within South Korea’s pharmaceutical landscape, protecting a potentially breakthrough chemical entity or therapeutic method. Its scope combines chemical structure, synthesis, and specific use claims, reinforcing its strength. The patent haze in South Korea's landscape requires meticulous management to balance patent breadth with validity, especially amidst vigorous competition and potential patent challenges.
Key Takeaways
- Balanced Claiming: Effective patent protection hinges on detailed, balanced claims that cover chemical, method, and formulation aspects without overreach.
- Landscape Positioning: Understanding the overlapping patents and prior art in South Korea and globally is essential for securing enforceable rights.
- Legal Vigilance: Continuous monitoring and strategic enforcement can maintain competitive advantage against infringement or invalidation attempts.
- Global Strategy: KR101971412’s value increases when aligned with patent filings in key markets, supporting multinational commercialization.
- Innovation Drivers: Focus on novel derivatives and therapeutic methods not only enhances patent strength but also addresses unmet medical needs, aligning with regulatory and market growth.
FAQs
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What is the primary focus of patent KR101971412?
It primarily protects a novel chemical compound or therapeutic method signaling innovation in specific medical indications.
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How broad are the claims in KR101971412?
The claims are likely broad enough to cover the core compound, its synthesis, and use, but specificities are included via dependent claims to demonstrate novelty and inventive step.
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How does KR101971412 compare to global patent filings?
It aligns with international patent strategies, often mirroring filings in major jurisdictions to secure regional and global rights.
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What challenges could impact the patent’s enforceability?
Challenges may arise from prior art, inventive step doubts, or claim insufficiency, which could impact enforceability in litigation or licensing.
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What should stakeholders consider moving forward with this patent?
Vigilant monitoring, strategic licensing, and potential filings for patent term extensions or improvements are essential to maximize value.
References
- Korean Intellectual Property Office (KIPO). Patent KR101971412.
- WIPO. Patent Landscape Reports.
- Legal analysis of South Korea pharmaceutical patent law.
- Industry reports on South Korea’s pharmaceutical patent activities.
- Comparative studies on patent strategies in the global pharmaceutical sector.
