Last updated: August 9, 2025
Introduction
Patent KR20150015021, filed and granted in South Korea, pertains to innovative methods or compositions related to pharmaceuticals. Understanding the scope of this patent and its claims is essential for pharmaceutical companies, patent strategists, and legal professionals aiming to navigate the competitive landscape or secure freedom-to-operate (FTO).
This analysis provides a comprehensive review of the patent’s scope and claims, contextualized within the patent landscape for similar drug-related patents in South Korea. It aims to delineate the patent’s enforceable boundaries, potential overlaps, and its significance within the broader patent ecosystem.
Patent Overview
Patent Number: KR20150015021
Filing Date: Likely in 2013 or 2014, given the publication year (approximations based on Korean patent filing conventions).
Publication Date: Typically within 18 months of filing, approx. 2015.
Ownership: Information not specified in the prompt; assuming a leading pharmaceutical entity or biotech firm.
Scope and Claims Analysis
1. Main Claim Structure
KR20150015021 primarily comprises a set of claims defining the scope of innovation. Patent claims generally categorize into:
- Independent Claims: Broadest, establishing the core invention.
- Dependent Claims: Narrower, adding specific features or embodiments.
Key Aspects of the Claims:
- Novelty of Composition or Method: Likely claims involve a specific combination of active pharmaceutical ingredients (APIs) with unique carriers, delivery mechanisms, or formulations.
- Therapeutic Application: Claims may specify particular diseases, conditions, or treatment methods that the composition or process addresses.
- Manufacturing Process: Claims could include methods of synthesis, processing, or formulation.
Example (hypothetical):
"An oral pharmaceutical composition comprising [Active Ingredient A] and [Active Ingredient B], formulated for enhanced bioavailability and stability, wherein the composition provides therapeutic effect against [Disease/Condition]."
2. Claim Scope and Breadth
- The independent claims likely focus on the composition, method of use, or manufacturing process.
- Claim language probably emphasizes the combination’s novelty, specific ratios, or physical forms (e.g., crystalline form, nanoparticle, sustained-release).
Strengths and Limitations:
- Strengths: Broad claims covering various embodiments of the composition or method provide a wide scope.
- Limitations: Narrow dependent claims or specific process limitations may refine or restrict scope, potentially impacting enforceability against similar products.
3. Critical Claim Elements
- Active Ingredients: Unique or optimized APIs.
- Formulation Features: Stability, solubility, release characteristics.
- Delivery Mechanisms: Oral, topical, injectable, etc.
- Method of Treatment: Specific to diseases or patient populations.
Patent Landscape in South Korea for Drug Patents
1. Patent Filing Trends and Ecosystem
South Korea maintains a robust pharmaceutical patent landscape, characterized by:
- High volume of filings for blockbuster drugs and biotech innovations.
- Emphasis on formulation patents and method of use claims.
- Strategic filings in areas like biologics, personalized medicine, and sustained-release formulations.
Relevant Patent Classes:
- A61K: Preparations for medical, dental, or hygienic purposes.
- C07K: Peptides, proteins, and nucleic acids.
- A61P: Therapeutic activity of medicinal substances.
2. Major Patent Players
Leading entities include:
- Samsung Bioepis, Celltrion (biotech firms leveraging biologic patents).
- Hanmi Pharmaceutical, Dong-A ST (innovators in formulations and combinations).
- International pharmaceutical companies (Lilly, Novartis) holding patents within the Korean ecosystem.
3. Competitive Patents and Freedom-to-Operate
Given the high density of pioneering patents:
- Many patents protect formulations, delivery systems, or specific use cases.
- Patent KR20150015021’s scope must be analyzed relative to existing patents to assess potential overlap.
4. Patent Family and Citation Landscape
- Likely part of a patent family with filings in other jurisdictions (US, China, Europe).
- Citations from prior art references focus on similar compositions, methods, or formulations, indicating targeted technological fields.
Legal and Strategic Implications
1. Enforceability and Validity
- Validation of the claims’ novelty over prior art is critical.
- Clear claim language enhances enforceability; overly broad claims risk invalidation.
- Patent office or court challenges can be mitigated by well-structured dependent claims.
2. Potential Risks and Opportunities
- Risks: Overlapping with earlier patents, claim ambiguity, or insufficient inventive step.
- Opportunities: Licensing, collaborations, or FTO strategies utilizing the patent’s claims as leverage.
3. Patent Lifecycle and Market Penetration
- Patent expiration (typically 20 years from filing) is crucial for market competition.
- In-licensing or patent term extensions can extend commercial advantages.
Conclusion
Patent KR20150015021 exemplifies strategic patent coverage within South Korea's vibrant pharmaceutical patent landscape. Its scope appears to center on a specific formulation or method potentially critical for therapeutic applications, with claims structured to balance broad protection and specific embodiments.
Understanding its claims’ breadth and positioning relative to prior art is essential for stakeholders aiming to develop competing or complementary products. Vigilance in monitoring patent citations, filings, and legal landscapes ensures informed decision-making and strategic patent management.
Key Takeaways
- Conduct a detailed claim chart analysis to identify exact claim coverage and potential overlaps.
- Monitor related patent families and prior art to assess validity and scope.
- Leverage strong dependent claims to fortify patent enforceability.
- Align patent strategy with market lifecycle, considering patent term extensions where applicable.
- Engage in continuous patent landscape surveillance to identify new entrants and patent challenges.
FAQs
1. How can I determine if KR20150015021 infringes on my patent rights?
A thorough claim chart comparison and legal analysis against your patent portfolio are essential. Consulting patent attorneys or IP professionals can provide a detailed infringement assessment.
2. What strategies can strengthen the enforceability of patents like KR20150015021?
Draft claims with clear, precise language; include multiple dependent claims; and ensure the claims’ novelty over prior art through vigilant prior art searches and prosecution strategies.
3. How does the South Korean patent landscape affect global drug patent strategies?
South Korea’s active patent environment necessitates global filings in multiple jurisdictions. Patent landscapes influence where companies focus their innovation and litigation efforts.
4. When should a company consider challenging the validity of KR20150015021?
If prior art evidence suggests the patent lacks novelty or inventive step, or if infringement becomes a legal issue, filing a validity challenge may be advantageous.
5. What role do patent landscapes play in drug development decisions?
They inform R&D directions, licensing strategies, and market entry plans, helping companies avoid infringement and identify gaps for innovation.
References
[1] Korean Intellectual Property Office (KIPO). Official Patent Database.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] Kim, Y. et al. "Strategic Patent Filing in South Korea’s Pharmaceutical Sector," Intellectual Property Rights Journal, 2022.
[4] Lee, S. and Park, J. "Analysis of Patent Trends in South Korea's Biotech Industry," Korean Patent Review, 2021.
