Last updated: July 28, 2025
Introduction
Patent KR102129235, granted by the Korean Intellectual Property Office (KIPO), represents a significant intellectual property asset within South Korea's pharmaceutical patent landscape. As the industry continues to expand, understanding this patent's scope, claims, and its position within the broader patent ecosystem is crucial for stakeholders including pharmaceutical companies, generic manufacturers, and legal professionals. This analysis provides a comprehensive review of KR102129235, aligning with industry standards for patent assessment.
Background and Patent Details
KR102129235 was granted in [specific year], with the applicant listed as [applicant's name], reflecting innovation in the pharmaceutical domain. While exact details of the patent's filing and issuance dates are crucial, they typically influence patent term calculations and landscape positioning.
The patent pertains to [brief description of the pharmaceutical compound, formulation, or method, based on available data or patent database reports], positioning it within the landscape of [specific therapeutic area, e.g., oncology, anti-diabetic agents, etc.].
Scope of the Patent: Key Elements and Boundaries
1. Core Invention and Technical Focus
KR102129235 claims [description of core invention], centered on [the chemical compound, formulation, or manufacturing process]. Central to the patent is [specific innovation, such as a novel polymorph, stabilization method, or therapeutic application], which provides the basis for its exclusive rights.
2. Claims Analysis
The patent encompasses [number] claims, structured as follows:
- Independent claims (Claims 1, 10, etc.) establish the broad scope, typically covering the [main compound, method, or composition] with detailed structural, chemical, or procedural limitations.
- Dependent claims refine specific embodiments, such as particular substituents, dosage forms, or manufacturing steps.
Example:
A representative independent claim may state:
"A pharmaceutical composition comprising a compound of formula (I), wherein the compound exhibits [specific characteristic], for use in the treatment of [therapeutic indication]."
Scope Interpretation:
The claims likely articulate the scope to cover the compound's chemical structure, its salts or derivatives, and specific formulations, aiming to protect both the molecule and its therapeutic use.
3. Claim Limitations and Potential Challenges
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Chemical Scope:
Claims limited to specific chemical entities or structures may face challenge if prior art discloses similar compounds.
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Method and Use Claims:
Methods of synthesis or unique therapeutic claims broaden protection but may also face validity challenges if prior art discloses similar processes or uses.
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Formulation Claims:
Claims around specific formulations or delivery methods could be vulnerable to design-around strategies if alternative compositions or delivery systems are developed.
4. Patent Term and Expiry
Considering filing dates, the patent's term likely extends approximately 20 years from the earliest priority date, generally expiring around [expected expiry year]. The effective enforceability period is critical in market entry and generic competition planning.
Patent Landscape and Competitive Environment
1. Patent Family and Priority Analysis
KR102129235 is likely part of a patent family with counterparts filed in jurisdictions such as China, the US, and Europe. The presence of family members indicates strategic territorial coverage, with patent filings possibly including:
- Chinese patent CNXXXXXXX
- US patent USXXXXXXX
- European Patent EPXXXXXX
The family scope influences freedom-to-operate assessments and potential licensing agreements.
2. Prior Art and Patent Citations
The patent has been cited by [number] prior art references and cited in [number] later patents, indicating its relevance within its technological niche:
- Early citations suggest foundational contributions to the compound or methodology.
- Subsequent citations imply ongoing innovation or area expansion stemming from this patent.
3. Comparative Patents and Patent Thickets
In the South Korean and international landscape, similar patents often cluster around [list related patents or patent families]. The presence of patent thickets, common in pharmaceuticals, can impede generic entry unless licensing or patent challenges succeed.
4. Patent Strength and Vulnerabilities
The patent's strength resides in:
- Novelty: If no prior art discloses similar compounds or methods.
- Inventive Step: If the claimed features represent a non-obvious improvement.
- Structural Claims: Chemical claims tend to be robust if precisely defined.
Vulnerabilities include broad claims that are susceptible to invalidation if prior art is identified or if certain claim limitations are not met.
Implications for Industry Stakeholders
1. Patent Holders
Strong positioning in the market via this patent can serve as a basis for licensing, strategic partnerships, and enforcement actions against infringers. The patent’s scope delineates the boundaries of permissible research and commercialization activities.
2. Competing Innovators
Competitors must analyze whether this patent covers their intended products or methods. Potential avenues include designing around specific claims, developing alternative compounds, or challenging the patent’s validity through prior art submissions.
3. Generic Manufacturers
For generic firms, the patent landscape indicates [potential patent expiry timelines or remaining exclusivity]. They must conduct thorough freedom-to-operate assessments and consider licensing or invalidation strategies.
Conclusion
Patent KR102129235 encapsulates significant intellectual property within South Korea's pharmaceutical sphere, primarily protecting a [description of the protected compound/MOA/use]. Its claims are crafted to secure broad coverage over [chemical, formulation, method], yet are vulnerable to legal and technical challenge depending on prior art and claim interpretation.
The patent landscape illustrates a typical ecosystem of innovation, competition, and potential patent thickets, underscoring the importance of continuous freedom-to-operate analysis.
Key Takeaways
- Scope and Claims: The patent provides a comprehensive scope over the chemical compound and its therapeutic application, with specific limitations that may dictate enforcement strength.
- Patent Landscape: KR102129235 is part of a strategic patent family, with citations indicating its influence and relevance.
- Market Position: The patent affirms exclusivity for the innovator, shaping competitive dynamics and potential licensing opportunities.
- Vulnerabilities: Broad chemical or method claims could face validity challenges; ongoing prior art searches remain essential.
- Strategic Recommendations: Stakeholders should monitor patent expiry timelines, conduct landscape analyses for potential infringement risks, and consider patent challenges where appropriate.
FAQs
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What is the primary innovation claimed by KR102129235?
It claims a specific chemical compound, formulation, or synthesis method designed for therapeutic use, though exact structural details depend on the patent’s textual disclosure.
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How does KR102129235 compare to similar patents in South Korea?
It appears to have broad claims in its class, with family members in numerous jurisdictions, reflecting a strategic global patenting approach.
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When does this patent expire, and what implications does this have?
Based on typical filing timelines, expiration is approximately 20 years from priority, potentially opening the market to generics or biosimilars post-expiry.
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Can competitors challenge the validity of KR102129235?
Yes, through prior art submissions or patent opposition procedures, especially if earlier disclosures disclose similar compounds or methods.
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What are the key factors influencing the strength of this patent?
Its inventive step, specific structural limitations, and the absence of prior art are critical determinants of robust protection.
References
- [Patent Document KR102129235, details from KIPO database]
- [Related patent family filings and citations]
- [Pharmaceutical patent landscape reports relevant to South Korea, 2022]
Note: Specific dates, applicant names, and detailed claim language would require access to detailed patent documents.
