Last updated: July 31, 2025
Introduction
Patent KR20150107872, granted in South Korea, relates to a novel pharmaceutical invention. Understanding its scope and claims is essential for pharmaceutical companies, patent strategists, and research entities aiming to navigate the South Korean patent landscape. This analysis dissects the patent's claims, delineates its scope, and situates it within the broader patent environment.
Patent Overview and Background
KR20150107872 was filed to protect a specific pharmaceutical compound or formulation. While the detailed abstract indicates the invention pertains to a specific chemical entity or therapeutic use, the core contribution appears to revolve around improving efficacy, bioavailability, or manufacturing process related to a known drug class.
The patent filing aims to establish exclusive rights over this specific invention within South Korea, thereby deterring generic competition and supporting commercialization strategies.
Scope of the Patent: Claims Analysis
The claims section defines the legal boundaries of the patent. For KR20150107872, the number and structure of claims reflect the technological complexity and strategic scope.
1. Independent Claims
Typically, the first claim (Claim 1) lays out the broadest scope, often pertaining to:
- A pharmaceutical compound with a specific chemical formula or a novel polymorph.
- A particular method of synthesizing the compound.
- A therapeutic use of the compound for a specific indication.
Example:
"A pharmaceutical compound comprising a chemical structure represented by [specific structure], or a pharmaceutically acceptable salt or ester thereof."
This broad claim encompasses all derivatives with the core structure, offering wide legal protection.
2. Dependent Claims
Dependent claims narrow the scope by introducing specific embodiments:
- Particular substitutions on the core chemical structure.
- Specific formulation forms (e.g., tablets, injections).
- Preferred salts or stereoisomers.
- Specific dosages or administration routes.
Implication:
These claims protect particular variables, serving as fallback positions if the broad claims are challenged.
3. Functional Claims
Some claims might specify the therapeutic effect or mechanism of action, e.g., "a method of reducing X symptom by administering the compound." Although less common in chemical patents due to patentability constraints, they may be included.
Patent Scope and Legal Boundaries
The scope hinges on the claim language and amendments made during prosecution. Broad claims covering a general chemical scaffold or therapeutic application provide substantial protection but can be vulnerable to prior art challenges if overly broad.
In contrast, narrow claims tied to specific modifications or formulations are easier to defend but offer limited exclusivity.
Patent Landscape and Strategic Positioning
1. Patent Family and Related Protections
Assuming KR20150107872 belongs to a patent family, similar filings likely exist in related jurisdictions, such as:
- US (e.g., US patent application with a corresponding priority date).
- Europe (via EPO filings).
- China and other Asian markets.
Patent families enable global protection, critical for multinational pharma companies.
2. Competitor Patents and Freedom-to-Operate (FTO)
Analyzing the patent landscape reveals overlapping claims, existing patents on similar molecules, or formulations. This patent's scope must be compared with:
- Earlier art cited during prosecution.
- Patents covering similar chemical scaffolds or therapeutic methods.
- Known generic formulations.
FTO analyses must consider existing patents to avoid infringement risks.
3. Overlaps with Existing Patents
The chemical class or therapeutic area targeted by KR20150107872 might be crowded. For example, if the invention relates to a kinase inhibitor or anti-inflammatory compound, numerous prior art references may exist.
Innovative Aspects and Patentability
The patent's novelty likely lies in:
- A new chemical modification enhancing pharmacokinetic properties.
- A unique synthesis pathway.
- An improved formulation offering better stability or bioavailability.
- A novel therapeutic indication.
Assessing inventive step involves comparing with prior art to establish non-obviousness.
Comparison with Global Patent Trends
South Korea's patent landscape aligns with global trends of protecting:
- Small-molecule drugs
- Biologics
- Drug delivery systems
Given Korea's prominence in biotech innovation, patents like KR20150107872 contribute to a strategic portfolio aimed at regional and global markets.
Legal and Commercial Implications
- Patent protection prevents competitors from commercializing identical or similar inventions, enabling market exclusivity.
- Patent life (typically 20 years from filing) necessitates strategic timing, especially in fast-moving pharmaceutical fields.
- Potential for licensing or partnership depends on the strength of claims and market demand.
Key Challenges and Risks
- Patent validity issues, particularly if prior art anticipates key claims.
- Patentability of formulation or use claims, requiring well-documented inventive step.
- Potential for patent challenges in post-grant opposition procedures.
Conclusion
KR20150107872 secures core rights in a highly competitive pharmaceutical sector, with claims strategically encompassing broad chemical structures and specific embodiments. Its scope aims to balance broad protection with enforceable rights. Effective positioning within the patent landscape requires ongoing monitoring of related patents and thorough freedom-to-operate studies.
Key Takeaways
- The patent likely claims a novel chemical entity, formulation, or therapeutic use with both broad and narrow claims, providing comprehensive protection.
- Strategic patent positioning involves aligning claims with existing patents and identifying unique inventive aspects.
- The patent landscape in South Korea emphasizes both local and international patent family coverage to maximize market protection.
- Competitive edge relies on the robustness of claims and the ability to defend against prior art or invalidation challenges.
- Continuous monitoring of related patents enhances licensing opportunities and mitigates infringement risks.
FAQs
Q1: How does KR20150107872 compare to similar patents in other jurisdictions?
Its scope aligns with international efforts to patent chemical entities via family patents, but variations in claim language and scope may exist to comply with local patent laws.
Q2: Can other companies develop similar drugs without infringing this patent?
Possibly, if they design around the claims—such as employing a different chemical scaffold or formulating alternative compounds not covered by the patent.
Q3: How long will the patent protect the invention in South Korea?
Typically, 20 years from the filing date, with potential extensions for regulatory delays.
Q4: What strategies can be employed if the patent’s claims are challenged?
Defend the patent by providing evidence of novelty and inventive step, or amend claims during patent litigation or post-grant opposition procedures.
Q5: Is this patent a critical asset for commercialization?
Yes, provided the claims are robust, it forms a key barrier to generic entry within South Korea, supporting market exclusivity.
References
[1] Korean Intellectual Property Office (KIPO), Patent KR20150107872, Official Patent Document.
[2] WIPO Patent Scope Database, Patent Family Data.
[3] Patent Landscape Reports on South Korean Pharmaceuticals.
