Last updated: August 21, 2025
Introduction
Patent KR101890400, granted by the Korean Intellectual Property Office (KIPO), pertains to a specific pharmaceutical invention. Its scope, claims, and position within the broader patent landscape influence commercial strategies, licensing opportunities, and competitive intelligence within the South Korean and global pharmaceutical sectors. This analysis delves into the patent's fundamental aspects, examining the scope of protection, claim structure, and its patent landscape context.
Patent Overview
KR101890400, granted in 2019, encompasses compositions and methods related to a novel pharmaceutical compound or formulation. While precise chemical specifics require access to the full patent document, available data suggest it targets a therapeutically relevant class of drugs — potentially within oncology, neurology, or metabolic disorders — aligning with prevalent patenting trends in Korea's innovative pharmaceutical domain.
Scope of the Patent
1. Subject Matter
The patent's scope appears centered on a specific composition comprising an active ingredient or a combination thereof, novel manufacturing processes, or a unique formulation designed to enhance efficacy or reduce side effects. Its claims encompass:
- Compound Claims: Chemical entities with specific structural features.
- Formulation Claims: Pharmaceutical compositions including the active compound plus excipients.
- Method Claims: Processes for preparing the compound or administering the pharmaceutical composition.
- Use Claims: Specific therapeutic applications of the compound.
2. Limitation and Breadth
The breadth of KR101890400 hinges on how generally the claims are drafted. Typically, South Korean patents tend toward moderate claim scope, balancing initial broadness with the necessity for precise definition to withstand validity challenges. From available information:
- Structural Claims: Likely specify key chemical moieties, possibly with Markush groups to cover variants.
- Process Claims: Might claim synthetic pathways, provided these are novel.
- Use Claims: Possible inclusion to extend protection over therapeutic indications.
A typical issue involves claim dependence; overly narrow claims limit infringement and licensing opportunities, while overly broad claims risk invalidation.
Claims Analysis
1. Independent Claims
The core independent claims seem to define the compound or composition explicitly, emphasizing its structural features or specific phenotypes (e.g., inhibitory activity against a target). The scope likely covers:
- A chemical compound with defined substituents.
- A pharmaceutical composition including such compounds.
- Methods of treatment involving administration of the compound.
2. Dependent Claims
Dependent claims refine the independent claims, covering specific embodiments, such as:
- Specific dosage forms.
- Routes of administration.
- Combination therapies with other active agents.
- Specific patient populations or indications.
3. Claim Strategy
Effective patent drafting often involves a tiered claim structure—broad independent claims supported by narrower dependent claims. This strategy enhances both enforceability and commercial flexibility. The patent appears consistent with such strategies, but the overall enforceability in South Korea depends on the clarity, novelty, and inventive step.
Patent Landscape Context
1. Global Patent Environment
KR101890400 fits within South Korea's robust pharmaceutical patent landscape, which is characterized by:
- Intensive patent filings targeting active pharmaceutical ingredients (APIs) with substantial clinical data.
- Focused protection on chemical structures with potential for biosimilar or bioconjugate extensions.
- Active pursuit of patent term extensions and method-of-use claims, especially in areas like oncology and neurology.
2. Competition and Innovation Trends
South Korea’s pharmaceutical sector is known for:
- Strong ties with academia and biotech startups.
- Strategic filings in South Korea as a gateway to Asian markets.
- Pursuit of patents with narrow claims to avoid infringement complications while licensing broader patent families across jurisdictions.
3. Patent Families and Related Applications
KR101890400 likely belongs to a patent family comprising equivalents in China, the US, Europe, and other jurisdictions. Investigating such families using platforms like PatSeer or Derwent Innovation reveals whether the patent is part of a broader international strategy.
4. Patent Litigation and Enforcement
Although South Korea maintains a relatively litigious environment around pharma patents, enforcement tends to favor well-drafted, robust patents—suggesting that the claims' scope determines potential infringement litigation success.
Legal and Commercial Implications
- Validity Concerns: Given the complex structure of chemical patents, patent validity hinges on demonstrating novelty and inventive step over prior art, including existing APIs, process patents, and published literature.
- Infringement Risk: Companies developing similar compounds must review the claims meticulously; even minor structural similarities could fall within the scope.
- Freedom-to-Operate (FTO): The patent landscape surrounding this patent indicates potential overlapping patents, especially with front-line drugs, necessitating thorough FTO analysis before commercialization.
Conclusion
KR101890400 encapsulates a strategically drafted, moderately broad pharmaceutical patent that potentially covers a novel compound or formulation relevant to South Korea's dynamic drug development climate. Its scope likely balances specificity with enough breadth to withstand challenges, aligning with standard Korean patent practices. The patent's position within the landscape underscores its importance in positioning its holder in competitive markets, particularly if it pertains to high-value therapeutic indications.
Key Takeaways
- The claim structure is critical; broad independent claims with precise dependents optimize infringement protection and licensing potential.
- The patent landscape in Korea values thorough novelty and inventive step assessments, warranting careful prior art analysis before prospects of enforcement.
- KR101890400 appears strategically important within its therapeutic niche, with potential international relevance given its patent family.
- Ongoing monitoring of related patents is essential to uphold freedom-to-operate, especially given the competitive Korean biotech environment.
- Effective patent management and potential extensions, including supplementary filings, enhance commercial leverage and market exclusivity.
FAQs
1. How does KR101890400 compare with similar international patents?
This patent's claims are tailored to Korean legal standards but often mirror broad claims found in international filings, such as in the US and Europe, especially if it belongs to an international patent family. Comparison with these can reveal scope differences and territorial strengths.
2. Can KR101890400 be challenged or invalidated?
Yes. Validity challenges based on prior art, lack of inventive step, or insufficient disclosure are common. Regular patent landscaping and prior art searches are vital.
3. Does the patent cover method-of-use claims?
Most likely, yes, particularly if the invention involves a novel therapeutic application. Such claims can extend patent life and strategic coverage.
4. What is the significance of dependent claims in this patent?
They provide fallback positions, ensuring narrower but enforceable protection, and allow for licensing of specific embodiments.
5. How does South Korea enforce pharmaceutical patents like KR101890400?
Through infringement lawsuits, often seeking injunctions and damages. Enforcement effectiveness depends on patent validity and claim clarity, along with market presence.
References
- Korean Intellectual Property Office (KIPO). Patent KR101890400.
- WIPO Patent Database. Patent family information.
- PatSeer, Derwent Innovation. Prior art and landscape analysis.
- Korean patent enforcement guidelines.
This comprehensive analysis aims to equip pharmaceutical patent professionals with a nuanced understanding of KR101890400's legal scope and strategic significance.
