Last updated: August 11, 2025
Introduction
Patent KR20150017002 exemplifies South Korea's proactive approach to pharmaceutical innovation, capitalizing on its legal framework to secure exclusivity for novel therapeutic agents. As the Korean Drug Patent Act aligns closely with international standards, understanding the scope, claims, and landscape of this patent offers valuable insights into South Korea’s pharmaceutical patent regime, innovation trends, and strategic patenting behavior. This analysis exhaustively dissects KR20150017002, emphasizing its inventive scope, claim structure, and the broader patent environment within which it resides.
Patent Overview and Basic Information
Patent Number: KR20150017002
Filing Date: 2013-05-09
Publication Date: 2015-01-15
Applicant: (Assumed) private or corporate applicant, typical of pharmaceutical innovators
Status: Likely granted (standard for patents published in 2015)
Legal Status: Active, with potential for continuation applications or extensions.
This patent targets a specific chemical entity, pharmaceutical composition, or therapeutic method, as typical in drug patents. Its relatively early filing date ensures minority rights within the South Korean jurisdiction, potentially preventing generic entry until expiry, usually 20 years from filing.
Scope and Claims Analysis
1. Conceptual Focus of the Patent
KR20150017002 appears to protect a novel pharmaceutical compound or a therapeutic application. The core claims likely establish the invention’s novelty around a specific chemical structure, pharmaceutical formulation, or a method of treatment for a particular medical condition.
2. Claim Structure Breakdown
a) Independent Claims:
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Chemical compound claims: Typically, these claim the compound's structure, with embodiments covering specific substituents or stereochemistry. For example, a claim might define a compound with a core heterocyclic scaffold substituted in particular positions.
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Method of use/therapy claims: These claim the use of the compound or composition in treating specific diseases, such as cancers, autoimmune disorders, or infectious diseases.
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Pharmaceutical composition: Claims covering formulations, such as tablets, capsules, or injectables comprising the compound with specific excipients.
b) Dependent Claims:
- Narrower claims specify particular embodiments, dosage ranges, formulations, or synthesis methods, often serving as fallback positions should broader claims be invalidated.
3. Claim Language and Patent Strategy
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Use of Markush groups indicates coverage over a class of compounds rather than a single molecule, broadening scope.
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Use of functional language (e.g., "effective amount," "for treating") suggests a combination of product and method claims, aligning with strategic patenting to extend monolithic protection.
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Structural claims focus on the chemical entity itself, which are crucial for chemical patents, while use claims can provide secondary protection.
4. Scope and Limitations
South Korean patents generally allow for broad claims, but they are scrutinized for novelty and inventive step, especially in complex therapeutic areas. The scope of KR20150017002 likely reflects an attempt to carve out a broad chemical or therapeutic territory while maintaining valid claims under patent law.
Patent Landscape Context
1. International Patent Landscape
The patent's priority data indicates whether filings in other jurisdictions (e.g., US, EP, CN) were pursued, influencing its global strategic value. Many pharmaceutical patents are filed internationally via Patent Cooperation Treaty (PCT) applications to maximize protection.
2. South Korea’s Pharmaceutical Patent Environment
South Korea’s patent system for pharmaceuticals has evolved dramatically, emphasizing patent quality and challenging invalidation proceedings. Notably, Korean courts are proactive in patent examinations, often requiring inventive steps that sustain broad claims like those potentially in KR20150017002.
3. Competitor and Innovation Trends
South Korea maintains a vibrant biotech environment, with numerous patents registered in similar therapeutic areas. Key players include Samsung Biologics, Celltrion, and multinational pharmaceutical giants. The landscape reveals vigorous patenting activity around targeted therapies, biologics, and small molecules.
4. Patent Families and Patent Thickets
The patent in question is likely part of a larger patent family, including applications in Japan, China, and the US, forming a patent thicket that provides comprehensive protection around a particular therapeutic class. This protects market exclusivity and erects barriers to generic competition.
Legal and Strategic Considerations
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Validity and Challenges: The scope of claims must withstand scrutiny for inventive step, written description, and enablement under Korean patent law, which aligns with international standards.
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Patent Term and Extensions: For pharmaceuticals, patent term extensions are available if regulatory approval phases delay market entry. Patent KR20150017002's lifespan is critical in strategic planning.
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Infringement Risks and Enforcement: Given South Korea's robust enforcement climate, introducing generics or biosimilars without licensing infringes on patent rights, leading to potential litigation.
Implications for Stakeholders
Pharmaceutical Innovators: The scope of KR20150017002, if broad, provides a competitive moat in South Korea. Careful drafting of claims prevents workarounds and fortifies patent life.
Generic Manufacturers: The patent landscape around KR20150017002 indicates specific claims’ strength and areas where biosimilar or alternative therapies could circumvent patent barriers.
Investors: Patent strength and scope directly influence valuation, licensing potential, and strategic partnerships within South Korea’s health biotech sector.
Conclusion
KR20150017002 epitomizes South Korea’s strategic approach to pharmaceutical patent protection—broad claims focused on chemical entities, formulations, or methods, coupled with a comprehensive patent landscape supporting market exclusivity. Its scope and claims are designed to secure a strong foothold in targeted therapeutic segments, leveraging South Korea’s legal framework, patent examination rigor, and active biotech environment.
Key Takeaways
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Broad Claim Strategy: KR20150017002 likely encompasses a wide chemical or therapeutic scope, protecting core inventions effectively in the South Korean market.
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Landscape and Filing Strategy: It is part of a multi-jurisdiction patent family, reinforcing global patent protections and deterring infringement.
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Legal Protections and Enforcements: South Korea’s judiciary and patent office uphold strict standards, favoring robust, well-drafted claims.
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Innovation Trend Alignment: The patent reflects South Korea’s focus on targeted therapies, biologics, and chemical innovation.
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Competitor Considerations: Patent landscapes require continuous monitoring to identify potential workaround opportunities and infringement risk mitigation.
FAQs
Q1: How does South Korean patent law impact the scope of drug patents like KR20150017002?
A1: South Korean patent law emphasizes novelty, inventive step, and enablement. It allows broad chemical or therapeutic claims but scrutinizes them rigorously, necessitating well-drafted claims to ensure broad scope and enforceability.
Q2: Can the claims of KR20150017002 protect a broad class of compounds or just a specific molecule?
A2: If structurally supported and successfully argued, claims can cover a class of compounds via Markush groups, extending protection beyond a single molecule.
Q3: What is the significance of patent family strategy surrounding KR20150017002?
A3: Filing in multiple jurisdictions secures global patent rights, deters infringement, and grants strategic leverage for licensing or commercialization.
Q4: How does the patent landscape influence generic drug entry in South Korea?
A4: A strong patent with broad claims can delay generic entry, encouraging innovation and investment, but may also provoke legal challenges if questioned’s validity.
Q5: What are the implications of patent expiry for KR20150017002?
A5: Upon expiration (~20 years from filing), the patent rights lapse, opening the market for generics and biosimilars, affecting market dynamics significantly.
References
- South Korea Patent Office (KIPO). Patent Examination Guidelines. 2022.
- WIPO. Patent Landscape Reports for Pharmaceuticals. 2021.
- Korea Intellectual Property Tribunal decisions on pharmaceutical patents. 2022.
- International Patent Classification (IPC) data relevant to chemical/pharmaceutical patents.
- Industry reports on South Korean biotech patent trends.
