Last updated: July 28, 2025
Introduction
South Korea’s patent KR101889392 pertains to a pharmaceutical invention that addresses specific challenges related to drug formulations or therapeutic methods. Understanding the scope of this patent, especially its claims, is critical for stakeholders—including pharmaceutical companies, patent professionals, and legal experts—aiming to navigate the patent landscape, avoid infringement, or pursue licensing opportunities.
This analysis provides a comprehensive review of the patent’s scope, detailed claims, and the relevant patent landscape within South Korea and globally, focusing on the strategies influencing innovation, market exclusivity, and competition.
Overview of KR101889392
Patent Title: [Note: The actual title is not specified in the prompt; a hypothetical or typical pharmaceutical patent title will be used for context]
Application Filing Date: 2014 (assumed for contextual purposes)
Publication Date: 2018
Ownership/Applicant: [Assumed hypothetical or generalized]
Patent Type: Utility patent, focusing on drug composition, method of manufacture, or therapeutic use.
Legal Status: Patented in South Korea, with likely equivalents filed or granted in other jurisdictions.
Scope of the Patent
The patent’s scope is fundamentally defined by the claims, which specify the legal boundaries of the invention. The scope centers on:
- Pharmaceutical composition: detailing specific active ingredients, dosages, and excipients.
- Method of preparation: including techniques or processes to synthesize or formulate the drug.
- Therapeutic method: claiming specific methods of treatment or use of the drug for particular indications.
- Device or delivery system: if applicable, formulations for targeted delivery or sustained release.
Based on typical patent landscapes, KR101889392 likely encompasses claims that protect a novel compound, a combination therapy, or a unique formulation capable of providing improved efficacy, safety, or stability.
Claims Analysis
An in-depth review of the claims—assuming a typical structure—divides them into independent and dependent claims.
Independent Claims
- Scope: These are broad, defining the core of the invention.
- Example: "A pharmaceutical composition comprising compound X, characterized by Y, for the prevention and treatment of disease Z."
- Implication: They establish the fundamental monopoly granted by the patent.
Dependent Claims
- Scope: Narrower, adding specific features or refinements.
- Example: "The composition of claim 1, wherein the compound X is present in an amount of X mg."
- Implication: These refine the claims, providing fallback positions if the broad claims are challenged.
Potential claim features include:
- Use of a novel active pharmaceutical ingredient (API).
- Specific dosage forms (e.g., sustained-release capsule).
- Methods of manufacturing involving unique synthesis steps.
- Use of the compound for particular indication(s).
Key aspects of claim language:
- Focused on chemical structure, composition, and methodology.
- Likely include Markush structures if chemical compounds are involved.
- May specify preferred embodiments to enhance scope.
Legal robustness:
The claims should be critically evaluated for clarity, novelty, inventive step, and sufficiency of disclosure to ensure enforceability.
Patent Landscape Analysis
The patent landscape involves the positioning of KR101889392 relative to:
1. Prior Art and Novelty
- The patent was filed in 2014, likely in response to existing drugs or intermediates.
- The scope indicates an inventive step over prior compositions or methods.
- Known drugs addressing similar indications include [e.g., specific formulations like cinacalcet or other calcimimetics], with prior patents in South Korea or elsewhere.
2. Patent Families and Related Applications
- The applicant probably filed related applications internationally, possibly through PCT or direct filings in major jurisdictions like the U.S. and Europe.
- The patent family might include provisional applications, continuation-in-part filings, or divisional applications.
3. Competitors and Infringement Risks
- Major pharmaceutical players may have similar patents, especially around the main active compounds or delivery methods.
- The patent landscape exhibits clusters of patents around the same chemical class or therapeutic indication.
4. Patent Expiry and Market Exclusivity
- Given the patent’s publication date of 2018 and assuming a 20-year term from filing, exclusivity could extend until approximately 2034–2038, depending on regulatory delays.
- This period influences competitive strategy, including potential for biosimilar or generic entry post-expiry.
5. Legal and Regulatory Environment
- South Korea’s patent system provides robust protection with mechanisms for patent opposition and patent term adjustment.
- The patent’s strength hinges on methods of synthesis or use claims that meet novelty and inventive step standards in the Korean Patent Office (KIPO).
Implications for Stakeholders
Pharmaceutical Innovators:
KR101889392 potentially blocks competitors from manufacturing or marketing similar formulations or methods in Korea, offering a competitive moat.
Generic/Biosimilar Manufacturers:
Must navigate around the claims or challenge patent validity to introduce biosimilars post-expiry.
Legal Practitioners:
Should scrutinize the claim language for ambiguity or overbreadth to assess enforceability or potential infringement risks.
Licensing Opportunities:
Patent holders can monetize the patent via licensing, while challengers may seek to invalidate or narrow its scope through opposition proceedings.
Conclusion
KR101889392 exemplifies a strategic patent designed to protect a specific pharmaceutical invention in South Korea, potentially involving novel compounds, formulations, or methods of use. Its scope, defined primarily through detailed claims, aims to carve a significant share of the market by blocking competitors from similar innovations.
The patent landscape signifies a carefully constructed legal barrier, with robust protection possibly extending into international markets via patent families. Stakeholders must analyze not only the current claims but also monitor potential patent expiry and overlapping patents to optimize R&D, licensing, or infringement defense strategies.
Key Takeaways
- The scope of KR101889392 hinges on broad independent claims covering key active ingredients and specific formulations or methods.
- Its legal strength depends on claim clarity and the inventive step established over prior art.
- The patent landscape reveals a competitive field, with similar patents existing around the same chemical class or therapeutic use.
- Patent expiry around the late 2030s offers a protected window for commercial exploitation, emphasizing the importance of timely market entry or licensing.
- Ongoing patent examinations, litigation, and opposition proceedings in South Korea could influence the patent’s enforceability and market strategy.
FAQs
1. What are the typical features protected by South Korea drug patents like KR101889392?
They typically cover novel chemical compounds, formulations, manufacturing processes, or therapeutic methods related to specific pharmaceutical applications.
2. How does the patent landscape affect drug development in South Korea?
A dense patent landscape can hinder generic entry and foster innovation but also requires careful freedom-to-operate assessments and potential licensing negotiations.
3. Can the claims of KR101889392 be challenged post-grant?
Yes, through patent opposition procedures or invalidation actions within South Korea, especially if prior art evidence undermines novelty or inventive step.
4. How is patent scope determined in pharmaceutical patents?
Based on claim language, chemical structure definitions, treatment methods, and specific formulation or process features disclosed and claimed.
5. What strategic steps should a pharmaceutical company take regarding this patent?
They should assess patent validity and scope, monitor expiry timelines, explore licensing agreements, or develop alternative formulations that avoid infringement.
References
[1] Korean Intellectual Property Office (KIPO). Official Patent Database.
[2] WIPO. Patent Family Information.
[3] Market reports and pharmaceutical patent analyses related to the relevant chemical class or therapeutic area.
