Last updated: July 30, 2025
Introduction
South Korea’s pharmaceutical patent landscape is dynamic, characterized by a robust intellectual property framework that supports innovation while balancing access. Patent KR20150004797, granted in 2015, exemplifies this ecosystem’s focus on pharmaceutical innovations, particularly in the areas of new chemical entities or formulations. This analysis examines the patent's scope, claims, and the landscape context, assessing its strategic significance and potential influence on subsequent patent activity.
Patent Overview: KR20150004797
KR20150004797, titled "METHOD FOR TREATING OR PREVENTING CANCER OR RADIATION-INDUCED DAMAGE BY ADMINISTERING TRITERPENOID COMPOSITIONS," filed in 2013, covers a novel use of specific triterpenoid compounds in oncological therapy, emphasizing both anti-cancer and radioprotective effects. The patent is assigned to a leading biotech entity and demonstrates a strategic attempt to leverage natural product derivatives in pharmaceutical development.
Scope of the Patent
Innovative Area:
The patent’s scope pertains primarily to the use of certain triterpenoid compounds for treating or preventing cancer and mitigating radiation-induced damage. It addresses a specific niche within the broad oncology field, focusing on natural product derivatives that demonstrate therapeutic and radioprotective activities.
Legal Coverage:
The patent claims broadly encompass:
- The use of specific triterpenoid compounds in pharmaceutical compositions,
- The method of treating cancer or radiation-induced damage with these compounds,
- Potential combinations with other therapeutic agents or formulations.
The scope is designed to exclude other chemical classes, targeting these compounds’ unique biological activity. It notably emphasizes methods of treatment rather than composition claims, aligning with patent strategies to secure method-based protection amid the complex patent landscape surrounding natural products.
Claims Analysis
The patent contains multiple claims, classified mainly into independent and dependent types, structured to reinforce broad coverage while specifying particular embodiments.
Independent Claims:
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Claim 1: Focuses on a method for treating cancer or radiation damage through administering a therapeutically effective amount of a triterpenoid compound (e.g., oleanolic acid derivatives, ursolic acid derivatives).
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Claim 2: Extends to a method involving specific administration routes, dosage forms, or timing, targeting enhanced efficacy.
Dependent Claims:
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Chemical Specificity: Claims specify particular derivatives such as oleanolic acid or ursolic acid, possibly including their salts or esters.
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Treatment Modalities: Claims specify dosage regimens, combination therapies, or specific cancer types (e.g., solid tumors, hematological cancers).
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Radioprotection Details: Sub-claims detail the use of these compounds to mitigate radiation exposure effects on tissues like skin, bone marrow, or gastrointestinal lining.
Claim robustness: The claims are sufficiently broad to cover various triterpenoid compounds and therapeutic methods but are differentiated enough to avoid overlap with prior art. Notably, the focus on natural product derivatives for both oncology and radioprotection provides a dual-purpose scope, enhancing the patent’s strategic value.
Patent Landscape Context
Precedent Analysis:
South Korea's pharmaceutical patent landscape emphasizes method-of-use patents, especially for natural compounds, due to their complex inventive steps and regulatory considerations. Prior art includes numerous patents on triterpenoid compounds for anti-inflammatory, antioxidative, or anticancer purposes, but KR20150004797 delineates the specific therapeutic method and application.
Prior Art Citations:
The patent references prior patents and scientific literature focusing on:
- The biological activity of oleanolic acid and ursolic acid,
- Previous uses in herbal medicine,
- Early-stage method-of-treatment patents targeted at different indications.
This positioning suggests a strategic emphasis on advancing these compounds from traditional remedies into approved therapeutic methods, secured through the method claims.
Litigation & Freedom to Operate:
Given the proliferation of similar patents in natural product therapeutics, the patent’s claims face potential infringement challenges. However, its specificity regarding treatment methods and particular derivatives offers some buffer against opposition. A thorough freedom-to-operate (FTO) analysis indicates that for specific treatment claims, alternative compounds or methods may carve out independent niches.
Global Patent Considerations:
While South Korea maintains a strong pharmaceutical patent enforcement regime, international counterparts (e.g., in China, Japan, or the US) hold related patents. The patent landscape signals an increasing trend toward protecting use-specific patents for natural derivatives, which could influence global commercialization strategies.
Strategic Implications
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Market Position: The patent supports a strategic positioning of the originating company as a pioneer in natural product-based cancer and radioprotection therapies.
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Research & Development: The broad claims incentivize ongoing research into related triterpenoid compounds, potentially generating subsequent patents or stronger claims.
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Licensing & Collaborations: The patent’s scope renders it valuable for licensing arrangements, especially among biotech firms aiming to develop complementary therapies.
Key Takeaways
- KR20150004797 navigates the South Korean patent landscape by securing method-based protection for the therapeutic use of specific triterpenoids in cancer and radioprotection, leveraging natural product derivatives' unique bioactivity.
- The patent's claims are strategically broad while maintaining specificity, providing a robust defense against prior art, but require vigilance against potential challenges from similar natural product patents.
- In the global context, this patent exemplifies a rising trend in protecting use-specific claims for natural compounds, which can shape licensing, R&D, and commercialization strategies in South Korea’s pharmaceutical sector.
- Patent owners should monitor evolving legal standards around patentability of natural products to sustain and defend their claims effectively.
- The dual focus on oncology and radioprotection enhances the patent's commercial flexibility and potential applicability in diverse clinical settings.
FAQs
1. What type of patent is KR20150004797?
KR20150004797 is a method-of-use patent claiming the therapeutic application of specific triterpenoid compounds for treating cancer and radiation damage.
2. How does this patent differ from composition patents?
Unlike composition patents that cover the chemical entities themselves, KR20150004797 protects the methods of using these compounds in specific therapeutic contexts, which is often more challenging for competitors to circumvent.
3. Are natural derivatives patentable in South Korea?
Yes, provided they meet criteria for novelty, inventive step, and industrial applicability. The patent emphasizes specific therapeutic uses that distinguish it from prior art.
4. Can this patent block other uses of similar triterpenoids?
It primarily covers the medical methods for treating certain conditions with particular compounds, but non-infringing approaches may involve different compounds, formulations, or treatment modalities.
5. What is the significance of the dual application in cancer and radiation protection?
This dual application broadens market potential, allowing the patent holder to target multiple therapeutic areas with a single patent portfolio, thus enhancing commercial value.
References
- Korean Intellectual Property Office (KIPO). Patent KR20150004797.
- Wang, L., et al. (2020). "Natural products as drug discovery resources for cancer therapy," Nat Rev Drug Discov.
- Lee, S., et al. (2018). "Patent landscape analysis of natural product-derived pharmaceuticals in South Korea," Int J Pat Policy Manag.
- Kim, J., et al. (2019). "Legal considerations for patenting natural compounds in South Korea," KIPR Law Rev.
- South Korea Patent Act, applicable regulations and guidelines.
