Last updated: August 6, 2025
Introduction
The patent KR101918678, granted in South Korea, pertains to a pharmaceutical invention with potential implications for drug development, manufacturing, and commercialization. Examining the scope, claims, and the broader patent landscape surrounding this patent provides strategic insights into its strength, potential overlaps, and competitive positioning within the pharmaceutical sector. This analysis aims to delineate the specifics of the patent’s claims, evaluate its enforceability, and contextualize its placement within South Korea's active pharmaceutical patent environment.
Patent overview
KR101918678 was granted on March 6, 2019, by the Korean Intellectual Property Office (KIPO). While the detailed claims and scope focus on a specific chemical entity or formulation, based on available data, it likely relates to a novel molecule, pharmaceutical composition, or a manufacturing process. These patents tend to secure exclusive rights to innovative compounds or method claims that provide therapeutic advantages.
Scope and Claims Analysis
1. Core Claims and Logical Structure
The scope of KR101918678 hinges on its independent claims, which define the foundational inventive concept, whereas dependent claims specify particular embodiments or enhancements. The key aspects typically involve:
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Chemical Structure or Compound: The patent probably claims a specific chemical entity with novelty over prior art, likely defined by a formula or structural features.
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Pharmaceutical Composition: Claims may extend to a formulation comprising the compound and carriers, enabling production or therapeutic effects.
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Use and Method of Treatment: Therapeutic methods utilizing the compound for specific indications such as cancer, metabolic disorders, or infectious diseases may also be covered.
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Manufacturing Process: Claims might specify a novel synthesis route, enhancing purity, yield, or cost-efficiency.
Note: Exact claim language would be required for precise analysis, but typical pharmaceutical patents aim for broad claims covering the compound's structure, use, and methods of manufacturing.
2. Claim Breadth & Patentability Criteria
In South Korea, patentability criteria require novelty, inventive step, and industrial applicability. The breadth of claims influences the patent’s enforceability and scope for blocking competitors.
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Claim Breadth: If claims encompass a broad chemical class, they can potentially block various derivatives and analogs, but may face validity challenges if overly broad and unsupported by inventive steps.
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Specification Support: Adequate written description and enablement are vital. Given the pharmaceutical context, the patent likely contains experimental data supporting the claims.
3. Potential Patent Limitations
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Prior Art Considerations: The scope may be limited by the existence of similar compounds or formulations disclosed in prior art, requiring the claims to demonstrate non-obvious distinctions.
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Claim Dependency and Multiple Embodiments: Multiple dependent claims likely narrow the scope, providing fallback options if broader claims face invalidation.
4. Patent Term & Patent Life
- Protection Duration: With filing before 2019, the patent likely expires around 2039, considering South Korea's 20-year term from the filing date, subject to maintenance fees and legal adjustments.
Patent Landscape Context
1. Active Patent Environment in South Korea
South Korea hosts a vibrant pharmaceutical patent landscape, characterized by:
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High R&D Activity: Robust innovation driven by domestic firms like Samsung Biologics, Celltrion, and global pharmaceutical alliances.
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Patent Filings Trend: Large volumes of patents filed annually, emphasizing synthetic chemistry, biologics, and gene therapy.
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Generic Competition: A mature generic industry often challenges innovation through patent validity disputes, especially post-patent expiry.
2. Competitive Patent Filings & Overlap
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Prior Art & Clusters: Patents in similar therapeutic areas or chemical classes may create a crowded landscape, requiring careful navigating to avoid infringement and establish freedom to operate.
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Patent Thickets: Multiple overlapping patents may exist around the same therapeutic target or compound class, potentially complicating comprehensive market entry.
3. Notable Patent Families & Similar Patents
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Comparable Patents: Similar patents might be identified in the Korean Patent Office or international patent databases (PCT, WIPO), particularly concerning compounds with known therapeutic activity.
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Patent Filing Strategies: Companies frequently file filings in South Korea to secure market exclusivity, rivaling global patent strategies.
Implications for Stakeholders
1. Innovators and Patent Holders
- Should verify patent claims against competitors' filings for potential infringement risks or non-infringement opportunities.
- Maintain patent strength through continual innovation and strategic claim drafting.
- Monitor post-grant deadlines and maintenance fee payments for ongoing enforceability.
2. Competitors and Generic Manufacturers
- Investigate the scope of KR101918678 to plan around patent expiration or design around strategies.
- Conduct freedom-to-operate analyses incorporating this patent within the broader landscape.
- Consider invalidation or licensing opportunities if the patent's validity is challenged.
3. Regulatory & Commercial Strategies
- Patent protection provides leverage in licensing negotiations and partnerships.
- May influence R&D pipeline prioritization based on patent expiry and strength.
Key Takeaways
- The scope of KR101918678 centers on a specific pharmaceutical compound or formulation, with claims likely ranging from compound structure to therapeutic use, reinforced by detailed specification.
- The patent's breadth and validity depend on the novelty over prior art, claim drafting, and supporting data in the specification.
- South Korea's dynamic patent landscape features active filings in biologics, small molecules, and manufacturing methods, with considerable competition and overlapping IP rights.
- Strategic considerations include ongoing patent validity, potential for invalidation or workarounds, and the importance of patent monitoring for freedom-to-operate.
- Effective enforcement and licensing hinges on comprehensive understanding of both the specific patent and the overarching patent environment.
FAQs
1. What is the primary inventive aspect of KR101918678?
The patent likely claims a novel chemical structure or formulation with specific therapeutic benefits, supported by experimental data demonstrating its utility.
2. How does the scope of claims influence patent enforceability?
Broader claims offer wider protection but may be more vulnerable to validity challenges; narrower claims are easier to defend but limit coverage.
3. Can this patent be challenged or invalidated?
Yes. Validity challenges may arise on grounds of lack of novelty, inventive step, or insufficient disclosure, especially if prior similar compounds exist.
4. How does KR101918678 fit within South Korea’s patent landscape?
It occupies a competitive position within a densely patent-protected pharmaceutical sector, competing with similar patents and innovations targeting therapeutic areas.
5. What strategic steps should patent holders in Korea consider?
Maintain patent rights through diligent monitoring, enforce claims where infringed, and consider licensing or divestment based on market evolution and patent strength.
References
[1] Korean Intellectual Property Office (KIPO) Patent Register, KR101918678.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] South Korean Patent Law and Practice.
Note: Precise claim language and detailed specification analysis would further refine this assessment. The insights provided serve as a high-level strategic overview suitable for business and legal analysis of this patent’s standing in South Korea.
