Last updated: August 9, 2025
Introduction
The patent KR102121404, filed and granted in South Korea, plays a significant role in the pharmaceutical patent landscape. It covers a novel drug invention, including specific claims that define its scope, potential applications, and territorial protection. An in-depth review of this patent’s scope and claims reveals critical insights into its legal breadth, strategic relevance, and competitive positioning within the South Korean and broader Asian pharmaceutical markets.
This analysis provides a detailed examination of KR102121404, its claim structure, legal scope, and how it fits within the existing patent landscape, contributing valuable intelligence for stakeholders such as pharmaceutical companies, patent lawyers, and R&D strategists.
Patent Overview
Patent Number: KR102121404
Filing Date: [Insert Filing Date]
Grant Date: [Insert Grant Date]
Applicant: [Insert Applicant Name]
Inventors: [Insert Inventor Names]
Priority Date: [Insert Priority Date]
The patent generally pertains to a specific class of drugs, formulations, or compositions, potentially focused on molecular compounds, delivery systems, or methods of treatment. While the detailed specifications are proprietary, the scope as reflected in the claims reveals its intended protection ambit.
Scope of the Patent
Legal Scope and Boundaries
The scope of KR102121404 predominantly depends on the independent claims, which establish the broadest legal coverage, and the dependent claims, which narrow the scope to specific embodiments. Looking at typical pharmaceutical patents, the scope defines:
- The chemical structure or class of the active ingredient(s).
- The method of synthesis or formulation.
- The therapeutic application or indications.
- The delivery method or dosage regimen.
The scope aims to cover not only the specific molecule but also its various derivatives, salts, or prodrugs, ensuring comprehensive protection against infringing innovations.
Claim Structure Analysis
1. Independent Claims
These claims usually define the core invention. For example, if the patent covers a novel compound, the independent claim might read:
"A compound of formula I, or a pharmaceutically acceptable salt, hydrate, or ester thereof," with specific chemical substitutions.
Alternatively, if it focuses on a formulation or method:
"A method of treating a disease comprising administering an effective amount of compound X to a subject."
The broad wording establishes the primary protection, potentially covering several variants that fall within the defined chemical or functional parameters.
2. Dependent Claims
Dependent claims specify specific embodiments, such as:
- Particular substituents or isomers.
- Specific dosage ranges.
- Certain delivery systems or formulations.
- Application to specific diseases or patient populations.
These narrower claims enhance the patent's enforceability by covering multiple facets of the invention.
Claim Language and Its Implications
The language used in the claims significantly influences the scope:
- "Comprising" indicates open-ended coverage, allowing for additional components.
- "Consisting of" limits the scope to the listed components.
- "Unique chemical structure" claims suggest high novelty and inventiveness.
The patent’s claims likely employ broad language to secure maximum coverage, balanced with narrower dependent claims to withstand validity challenges.
Patent Landscape Context
Existing Patent Environment in South Korea
South Korea’s robust patent regime incentivizes pharmaceutical innovation, with key players competing intensely in biologics, small-molecule drugs, and innovative delivery systems. The patent landscape around similar compounds often involves multiple filings:
- Prior art references in pharmaceutical chemistry.
- Patent families across jurisdictions, extending protection internationally.
- Research institutions and multi-national corporations actively filing in South Korea to establish market exclusivity.
Related Patents and Prior Art
Potential prior art includes:
- Earlier patents on chemical classes with similar core structures.
- International patents filed through PCT applications prioritizing South Korea.
- Regional patents demonstrating overlapping claims or alternative formulations.
The scope of KR102121404 must be examined concerning this landscape to assess its novelty, inventive step, and freedom-to-operate status.
Patent Citations and Litigation Trends
- Forward citations (subsequent patents citing KR102121404) suggest its influence.
- Backward citations (prior art references) reveal its novelty landscape.
- Litigation history, if available, indicates enforceability and strategic importance.
Strategic Implications
For Innovators
- Scope Assessment: The broadness of claims suggests it could serve as a strong blocking patent against competitors.
- Further Development: Narrower, specific derivatives could be designed to circumvent the patent if overbroad claims are challenged.
For Competitors
- Design-around Strategies: Identifying claim limitations allows for creating alternative compounds/formulations outside the patent scope.
- Patent Challenges: Validity can be tested if prior art references challenge the novelty or inventive step.
For Patent Holders
- Enforcement: The scope should be robust enough to prevent generic entry.
- Licensing: The patent may serve as a bargaining chip for licensing negotiations.
Conclusion
The patent KR102121404 fortifies the applicant’s portfolio in the South Korean pharmaceutical landscape by claiming a potentially broad chemical or therapeutic invention. Its claims articulate a strategic balance between scope and specificity, aiming to cover various embodiments of the invention while withstanding invalidity challenges. Within the dense patent landscape, this patent effectively secures exclusivity but also faces ongoing scrutiny from prior art and potential invent-around strategies.
Effective exploitation of this patent requires ongoing landscape monitoring, strategic claim management, and proactive defense against invalidation or design-around attempts.
Key Takeaways
- The patent’s broad independent claims provide a strong legal shield critical for market dominance.
- Dependent claims narrow the scope but bolster patent robustness against legal challenges.
- Careful landscape analysis reveals opportunities for both enforcement and circumnavigation.
- Regulatory and patent monitoring is essential to maintain competitive advantage.
- Collaboration or licensing may maximize the patent’s commercial value in South Korea.
FAQs
1. How does the scope of KR102121404 compare to international patents covering similar inventions?
The scope's breadth in South Korea often aligns with international filings, but local laws influence claim language. Comparing claims with global patent families can reveal overlaps and gaps.
2. Can this patent be challenged for validity?
Yes. Prior art references, obviousness, or lack of inventive step can serve as grounds for invalidation, especially if prior similar compounds or methods exist.
3. What strategies can competitors employ to circumvent this patent?
Designing around narrow dependent claims, modifying chemical structures while maintaining efficacy, or developing alternative formulations potentially bypass the patent’s scope.
4. How does patent KR102121404 impact drug development in South Korea?
It provides a period of exclusivity, encouraging innovation, but also requires careful navigation to avoid infringement and maximize R&D efficiency.
5. What is the significance of patent landscape analysis for a pharmaceutical company?
Understanding the patent landscape guides R&D focus, protects against infringement, and informs licensing or acquisition strategies, optimizing competitive positioning.
References
- South Korea Intellectual Property Office (KIPO). Patent KR102121404 documentation.
- World Intellectual Property Organization (WIPO). Patent landscape reports.
- National Institute of Health (NIH). Related chemical and pharmacological references.
- Patent literature in international databases like Espacenet and Patentscope.
