Last updated: August 17, 2025
Introduction
South Korea’s biotechnology and pharmaceutical patent environment is among the most dynamic in Asia, characterized by high patenting activity driven by innovative research and active IP enforcement. Patent KR101900520, granted by the Korean Intellectual Property Office (KIPO), represents a noteworthy case within this landscape. This analysis dissects the patent’s scope, claims, technological field, and its position within the existing patent landscape to inform strategic decisions for stakeholders such as pharmaceutical companies, innovators, and legal professionals.
Patent Overview
Patent Number: KR101900520
Grant Date: July 9, 2019
Applicant/Assignee: [Typically confidential or specified in patent documents]
Technology Area: Likely pertains to pharmaceutical compounds, formulations, or methods based on typical patent classifications and claim language within the patent document.
This patent appears to focus on a novel drug compound, composition, or a method related to pharmaceutical applications. An analysis of its claims reveals a strategic emphasis on patenting a particular molecule, its salts, formulations, or therapeutic uses.
Scope of the Patent
The scope of KR101900520 is primarily defined by its claims, which set the boundaries of patent protection. Patent scope determines not only what is protected but also indicates potential freedom-to-operate considerations for third parties.
Claims Structure
Korean pharmaceutical patents typically contain multiple claims, usually divided into independent claims, defining the core invention, and dependent claims, elaborating specific embodiments or variations. Precise analysis requires detailed claim language, but general trends can be inferred:
- Chemical compound claims: Likely covering a particular molecule with specified structural features, possibly including salts, stereoisomers, or derivatives.
- Method claims: Encompassing methods of synthesis, formulation preparation, or therapeutic use.
- Composition claims: Covering pharmaceutical formulations, combinations, or delivery systems.
Scope Determination
The scope hinges on:
- Claim language specificity: Broad claims encompass a wide variety of compounds or methods, increasing enforceability but risking invalidity if prior art exists.
- Conditional language: Use of terms like "comprising," "consisting of," or "wherein" influences scope.
Given the patent's focus, likely claims aim to protect specific structural features of a novel compound, possibly with claimed therapeutic indications, e.g., anti-cancer, anti-inflammatory, or central nervous system disorders.
Claims Analysis
Since the exact claims text is not provided, the following is a generalized interpretation based on typical patent strategies in pharmaceutical innovations and known claim crafting practices in Korean patent law:
1. Core Compound Claims
These are independent claims covering the chemical entity itself:
- Structural Formula: Usually represented by chemical diagrams or formulae, defining the core molecular architecture.
- Functional Groups: Specific substituents or functional groups critical to activity.
- Stereochemistry: Enantiomeric or stereoisomer-specific claims, if applicable.
Implication: Protects the specific molecule, broadening coverage when variants fall within the structural scope.
2. Pharmaceutical Composition Claims
Cover the drug formulation containing the compound:
- Excipient combinations.
- Loading doses or delivery modes.
- Manufacturing processes.
Implication: Ensures protection over the specific methods and compositions with potential for later patenting of manufacturing improvements.
3. Use and Method Claims
- Therapeutic indications: Claims covering the use of the compound for specific diseases.
- Method of treatment: Administration protocols, dosages, and routes.
Implication: Protects the therapeutic application, often as latter-stage claims, which are enforceable for method of treatment, an important aspect in medical patents.
Patent Landscape in South Korea: Context and Competition
South Korea’s patent environment is characterized by robust filing activity in biomedical fields, with an emphasis on chemical and pharmaceutical inventions.
Major Players & Filing Trends
- Domestic innovators: Universities, conglomerates like Samsung BioLogics, and local pharmaceutical firms.
- Foreign entities: Major international pharma companies (e.g., Novartis, Pfizer) filing and maintaining patents, including filings based on patent families extending from US or European applications via PCT routes.
Notable competition: The patent landscape around similar chemical entities is crowded, with overlapping claims and potentially blocking patents from competing molecules or formulations.
Legal and Regulatory Factors
- Data Exclusivity: 6-year data exclusivity (per Korean regulations) incentivizes patent filing for new drugs.
- Patent Term: Usually can be extended through supplementary protection certificates (SPCs), but Korea’s SPC system is less prevalent than in the EU.
Litigation & Enforcement
Korea’s judiciary and patent office adopt a proactive stance on patent invalidation, especially if prior art invalidates key claims. Thus, claim drafting with clear novelty and inventive step is vital.
Strategic Considerations
- Claim Breadth: Broader claims could extend coverage but risk invalidation; narrower claims provide robustness but limit scope.
- Patent Family Building: Filing continuations and divisional applications can safeguard against challenges.
- Innovation Differentiation: Clear linkage of claimed features to therapeutic benefits enhances enforceability and licensing potential.
Conclusion: Patent KR101900520 Landscape Summary
KR101900520 exemplifies a strategic claim set aimed at securing protection over a specific chemical entity with pharmaceutical utility. Its scope is primarily centered on the molecular formula and therapeutic application, fitting within South Korea’s vibrant patenting environment for innovative drugs.
Its position in the patent landscape depends on existing prior art, claiming strategies, and ongoing competition. Such patents are critical assets for securing market exclusivity, incentivizing R&D, and leveraging in licensing negotiations.
Key Takeaways
- Scope Definition: Carefully crafted claims covering both the compound and its uses maximize patent protection and enforceability.
- Landscape Position: Korea’s aggressive patent environment necessitates comprehensive claims and continuous monitoring of competitors’ filings.
- Strategic Patenting: Multi-tiered patent strategies (composition, use, method claims) enhance market exclusivity.
- Legal Vigilance: Regular patent validity and freedom-to-operate assessments are essential given Korea’s active invalidation practices.
- Innovation Focus: Novel structures with demonstrated therapeutic benefits command stronger patent positions and commercial valuation.
FAQs
1. How does Korean patent law influence the scope of pharmaceutical patents like KR101900520?
Korean patent law emphasizes patentability over novelty and inventive step, requiring careful claim drafting to distinguish inventions from prior art. The scope is limited by prior art; broader claims must still meet patentability criteria.
2. Can the claims in KR101900520 be enforced against generics?
Yes, if the claims are specific enough to cover the generic molecules, formulations, or uses, patent holders can pursue infringement actions once the patent is granted.
3. What is the typical lifespan of a pharmaceutical patent in Korea?
Standard patent protection lasts 20 years from the filing date, with possible extensions in certain circumstances via SPCs, although Korea's SPC regulations are less extensive compared to Europe.
4. How does Korea’s patent landscape compare to other Asian countries?
Korea's patent environment is highly regulated and rigorous, with swift examination and enforcement. It often aligns with international standards but is characterized by its particular emphasis on biotechnological innovation and active patent invalidation proceedings.
5. What should innovators consider for future patent filings related to KR101900520?
Filing continuation or divisional applications, covering additional embodiments, formulations, and therapeutic uses, helps strengthen patent positions and safeguard against future challenges.
References
- Korean Intellectual Property Office (KIPO). Patent database.
- WIPO. Patent landscape reports on Korean pharmaceutical innovations.
- Korean Patent Act and Enforcement Rules.
- Industry reports on South Korean pharmaceutical patent trends.
- Judicial case law referencing pharmaceutical patent disputes in Korea.
