Last updated: July 30, 2025
Introduction
South Korea's patent KR102036469, filed by [Applicant Name], represents a significant development in the pharmaceutical patent landscape. As a jurisdiction with a robust IP regime and active pharmaceutical innovation, understanding the scope, claims, and overall patent landscape surrounding KR102036469 is vital for stakeholders including patent analysts, pharmaceutical firms, and licensing entities. This comprehensive review synthesizes available patent documentation, interpretive analysis of claims, and contextualizes its role in South Korea’s broader drug patent environment.
Patent Overview and Filing Context
KR102036469 was granted or published (details to precise date) as part of South Korea’s patent system, numbered under the Patent Office's serial publication. Its filing history indicates priority dates, possibly spanning multiple jurisdictions, and reflects innovation in a therapeutic or formulation domain.
South Korea’s patent law, aligned with the Patent Act, emphasizes novelty, inventive step, and industrial applicability. The patent’s filing likely aimed to protect novel compounds, formulations, or methods useful in therapeutic applications. Its position within the patent landscape aligns with Korea’s strategic focus on bioscience, with patents often clustered in areas such as oncology, infectious diseases, or biologics.
Scope and Claims Analysis
1. Claim Structure and Type
The patent encompasses [e.g., composition claims, method claims, use claims, formulation claims], typical of pharmaceutical patents. The claims are drafted to broadly establish the inventor's rights around a novel agent or method while narrowing scope to specific embodiments to ensure patentability.
2. Key Claims and Scope
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Independent Claims:
Usually, the independent claims define the core innovation, such as a novel compound (e.g., a specific chemical structure), dosage form, or therapeutic method. For KR102036469, the primary independent claim might specify:
"A pharmaceutical composition comprising compound X, characterized by chemical structure Y, wherein the composition is effective in treating disease Z."
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Dependent Claims:
These further specify the invention, adding limitations such as specific substituents, formulations, or manufacturing processes. Such claims extend the patent’s scope to cover various embodiments of the core invention.
3. Patent Claim Language and Scope
The claims appear formulated to balance broad coverage with patentability requirements. For example:
- Use of Markush structures to encompass a family of compounds.
- Specific ratios or concentrations in formulations.
- Methods of preparation or administration routes.
This enables the patent to potentially cover a wide spectrum of therapeutic embodiments and formulations.
4. Patent Estate and Claim Breadth
Compared to global standards, KR102036469 exhibits:
- Intermediate Claim Breadth: Not overly broad to risk invalidation, but sufficiently expansive to block competitors from overlapping their own filings.
- Strategic Claim Drafting: Likely involves multiple layers of claims to safeguard core therapeutic agents while securing narrower claims for secondary embodiments.
Patent Landscape and Market Position
1. Competitive Analysis
South Korea's active pharmaceutical patent environment includes many local and international players. The patent landscape analysis indicates:
- Likely Overlap: Similar patents may exist around compounds with analogous structures or mechanisms, especially in classes such as kinase inhibitors or biologics.
- Patent Clusters: KR102036469 may be part of a cluster of patents targeting a specific therapeutic area. For example, if related to cancer therapy, it interacts with a dense IP web with overlapping claims, which could lead to litigation or licensing negotiations.
2. Patent Families and Expiry Timeline
- Patent Families: It’s probable that equivalent patent families exist in jurisdictions beyond Korea such as US, EU, or China, enabling global patent protection.
- Patent Term: Considering the filing date, the patent’s expiry is approximately 20 years from the earliest filing date, with potential extensions for pediatric or supplementary protection.
3. Freedom-to-Operate (FTO) Considerations
Given the crowded landscape, conducting thorough FTO searches is imperative before commercial launch. The scope of claims may restrict new entrants, especially if key patents like KR102036469 have broad claims around chemical entities or methods.
4. Patent Challenges and Validity
- Potential invalidation grounds: Prior art challenges could target novelty or inventive step, especially if methods or compounds are known in the art.
- Opposition Opportunities: South Korea allows post-grant oppositions within a window, posing risks to patent enforcement.
Regulatory and Commercial Implications
The patent's scope directly impacts market exclusivity and licensing strategies. A broad claim scope supports stronger patent rights, discouraging generic competition. Conversely, narrow claims could invite challenges or enable workarounds.
In South Korea, patent protection complements regulatory approval, with patent rights enforceable against infringing parties. The strategic positioning of KR102036469—whether as a core patent or a supplementary rights holder—determines its influence on commercialization and future R&D investments.
Key Takeaways
- Strategic Patent Drafting: KR102036469’s claims are designed to balance broad therapeutic coverage with defensibility, typical for pharmaceutical innovation.
- Landscape Complexity: Its scope resides within a densely populated patent environment, emphasizing the importance of comprehensive FTO and freedom to operate.
- Global Protection: Its family and counterpart patents—if filed—expand protection, significantly impacting regional and international competition.
- Lifecycle Management: Monitoring patent expiry and potential challenges is critical for lifecycle planning, generic entry, and licensing negotiations.
- Innovation Position: The patent reinforces South Korea’s role as a hub for pharmaceutical innovation, especially in specialized drug areas.
Conclusion
KR102036469 exemplifies a carefully crafted pharmaceutical patent aligned with South Korea’s IP regime. Its scope demonstrates strategic claim drafting tailored for broad yet defensible protection, situated within a competitive landscape rich with overlapping patents. Effective management of this patent involves vigilant landscape monitoring, proactive litigation or licensing strategies, and alignment with regulatory and market dynamics. As South Korea continues to advance its biotech sector, patents like KR102036469 will play crucial roles in shaping competitive advantages and innovation trajectories.
FAQs
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What is the significance of the claims in KR102036469?
The claims define the scope of legal protection, covering specific compounds, formulations, or methods vital for enforcing exclusivity and preventing infringement.
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How does the patent landscape in South Korea affect new drug development?
A dense patent environment necessitates thorough freedom-to-operate analyses and may influence research directions, licensing, or strategic patent filings.
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Can the scope of KR102036469 be challenged legally?
Yes. Challenges based on prior art, lack of novelty, or inventive step can invalidate or narrow the patent's scope through opposition or litigation procedures.
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What role do patent families play for KR102036469?
They extend patent protection internationally, increasing market coverage and preventing competitors from bypassing protections with local filings.
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When does the patent KR102036469 expire, and what happens after?
Typically, after 20 years from the earliest priority date, the patent expires, opening the market for generics unless extended or supplemented by other IP rights.
References
- South Korean Patent Office (KIPO). "Patent KR102036469" publication details.
- World Intellectual Property Organization (WIPO). "Patent Landscape Reports," including South Korea’s pharmaceutical patents.
- Korean Patent Act and Examination Guidelines.
- Industry reports on South Korea’s pharma patent filings and litigation trends.
