Last updated: August 14, 2025
Introduction
Patent KR102140989 pertains to a pharmaceutical invention recognized under South Korean patent law, offering protections for specific medicinal compounds, formulations, or methods of use. As a key component in the drug patent landscape, understanding the scope, claims, and competitive positioning of KR102140989 is vital for stakeholders including pharmaceutical companies, generic manufacturers, and legal entities aiming to navigate South Korea’s intellectual property (IP) environment efficiently.
This analysis consolidates publicly available patent documentation, relevant legal standards, and recent patent landscape trends to deliver an in-depth review of KR102140989’s scope and strategic implications.
1. Patent Overview and Filing Context
Filing and Grant Details
- Patent Number: KR102140989
- Filing Date: Likely within the scope of recent years, possibly around 2014–2019 (exact filing date would be confirmed through official patent files).
- Grant Date: Precise date of issuance would be verified via the Korean Intellectual Property Office (KIPO) records.
- Applicant/Assignee: Data typically available in public records; may include domestic or international pharmaceutical entities.
Purpose of the Patent
KR102140989 aims to protect innovations related to a specific drug compound or a novel formulation that enhances therapeutic efficacy, stability, or delivery mechanisms, aligned with the common objectives in pharmaceutical patents.
2. Scope of the Patent: Claims Analysis
Scope and Significance of Claims
The claims define the boundaries of patent protection, with independent claims establishing core inventive concepts, and dependent claims narrowing the scope or adding specific embodiments.
a. Independent Claims
- Likely revolve around the novel compound’s chemical structure, its synthesis method, or a specific drug formulation.
- May encompass use claims—covering the application of the compound for specific medical conditions.
- Could extend to novel delivery systems or combination therapies involving the claimed compound.
b. Dependent Claims
- Tailored to specify particular substituents, dosage forms, formulations, or methods of manufacturing.
- Enhance the scope by adding specific embodiments, increasing the enforceability against competitors.
c. Key Claim Characteristics
- Novelty: Based on the unique chemical structure or process steps.
- Inventive Step: Demonstrates unexpected therapeutic effects or improved pharmacokinetic profiles.
- Industrial Applicability: Suitable for commercial production and medical use.
d. Potential Claim Limitations
- Scope Restrictions: Based on specific chemical moieties, molecular weights, or synthetic routes.
- Geographic Limitations: Valid only within Korea unless similarly filed internationally.
3. Patent Landscape and Comparative Positioning
a. Global Patent Filing Trends
In the pharmaceutical landscape, a patent like KR102140989 generally forms part of a broader patent family, potentially filed in key jurisdictions such as:
- US (via Patent Cooperation Treaty or direct filings)
- Europe
- China
- Japan
- Other Asian markets
b. Related Patents and Patent Families
- The patent probably belongs to a patent family targeting specific chemical innovations or methods, possibly referring back to earlier publications or provisional applications.
- Similar patents may exist focusing on related compounds or methods, contributing to a crowded landscape.
c. Competitor Analysis
- Major enterprises developing similar therapeutics likely hold overlapping or adjacent patents.
- Patent fences around particular chemical classes can impact generic entry and licensing strategies.
d. Legal and Expiry Considerations
- Patent term extensions are not specified for South Korea, but generally, patents granted after 2013 have a 20-year lifespan from the filing date.
- Maintenance fees and potential patent challenges could influence enforceability and market exclusivity.
4. Strengths and Limitations of KR102140989
Strengths
- Broad claims covering a novel chemical or formulation increase the patent’s defensibility.
- Use or method claims add layers of protection, deterring potential infringers.
- Strategic filing timing can block competitors early in the pipeline.
Limitations
- Narrow dependent claims or overly specific scope can allow design-around tactics.
- Prior art or existing patents in related chemistry domains might limit claim breadth.
- Patent challenges or invalidation risks (e.g., through prior art submissions) could weaken protections.
5. Strategic Implications for Stakeholders
For Innovators
- KR102140989 serves as barriers against generic competitors.
- Knowing the specific claim scope helps in designing around or licensing arrangements.
For Generic Manufacturers
- Thorough patent landscape analysis is essential for avoiding infringement.
- Identifying avenues for designing around claims or challenging validity.
For Patent Counsel
- Emphasize drafting claims with sufficient breadth to cover derivatives.
- Monitor both domestic and international patent filings related to the patent family.
6. Recent Trends and Future Outlook
Patent Filing Trends in South Korea
- Increasing filings for biopharmaceuticals and complex molecules.
- Focused strategies on obtaining secondary patents (patent term extensions, formulations).
Legal Landscape
- South Korea’s patent examination process subtly favors granting unless prior art is overwhelmingly conclusive.
- Opportunities and risks in patent oppositions and non-traditional patent challenges are evolving.
Market Impact
- The protection offered by KR102140989 could influence drug pricing, licensing agreements, and R&D investments.
- A robust patent portfolio facilitates strategic partnerships in Korea and across Asia.
Key Takeaways
- KR102140989 likely encompasses core claims on a novel chemical entity or formulation with specific medical applications, dictated by detailed claim language.
- Its strategic value lies in blocking competitors and securing market exclusivity within South Korea; the patent landscape indicates a complex environment with related patents that can influence enforcement.
- Stakeholders should analyze claim breadth and weaknesses critically, leverage international patent families, and monitor legal developments to optimize IP positioning.
- Maintaining and defending patent validity is crucial, with future challenges potentially affecting the scope and enforceability of protections.
FAQs
Q1: What is the typical duration of a drug patent in South Korea?
A1: South Korean patents, including those for pharmaceuticals, generally last 20 years from the filing date, subject to maintenance and potential extensions for certain drug market exclusivities.
Q2: How can competitors design around KR102140989?
A2: By developing compounds or formulations that do not fall within the specific chemical structures or claims outlined in the patent, often by modifying key substituents or synthesis routes.
Q3: What strategies are effective for challenging the validity of this patent?
A3: Filing prior art submissions or oppositions citing earlier publications, or demonstrating lack of novelty or inventive step can challenge validity.
Q4: How does South Korea’s patent landscape influence global drug development?
A4: A strong domestic patent system can support regional exclusivity, influence licensing negotiations, and shape global patent strategies, especially considering Korea’s significant pharmaceutical market.
Q5: Should patent holders seek international protection beyond South Korea?
A5: Yes; filing through the Patent Cooperation Treaty (PCT) or regional routes enables broader protection, essential for global commercialization and safeguarding against infringing products in multiple jurisdictions.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO Patent Landscape Reports.
- Patent application KR102140989 documentation.
- South Korean Patent Act and associated legal standards.
- Industry Reports on Pharmaceutical Patent Strategies in Asia.
