Last updated: August 6, 2025
Introduction
Patent KR102256013, awarded in South Korea, marks a significant development in pharmaceutical innovation. This patent encompasses innovative claims related to a novel drug, formulation, or therapeutic method, and understanding its scope and position within the patent landscape is essential for stakeholders such as pharmaceutical companies, generic manufacturers, and investment analysts. This report critically examines the patent's claims, scope, legal status, and its placement within the broader patent environment relevant to South Korean drug innovation.
Patent Overview
KR102256013 was granted by the Korean Intellectual Property Office (KIPO) and relates to an innovative pharmaceutical composition or method. The patent's filing date, publication number, and owner information are critical for contextual analysis:
- Filing Date: [Insert date if available]
- Publication Number: KR102256013
- Grant Date: [Insert if available]
- Assignee/Owner: [Insert owner/institution if known]
(Note: The details provided are assumed based on typical patent documents; specific data should be verified from the KIPO database.)
Scope and Claims Analysis
1. Core Claims
KR102256013’s claims likely focus on:
- Novel active pharmaceutical ingredient (API): The patent may claim a new compound or a derivative with improved efficacy or safety.
- Formulation specifics: Novel combinations, controlled-release formulations, or stabilization methods.
- Therapeutic applications: Use of the compound/method for treating specific diseases, such as cancer, infectious diseases, or metabolic disorders.
- Manufacturing processes: Innovative synthesis or processing techniques that enhance yield or purity.
2. Claim Structure and Breadth
- Independent Claims: These form the core, defining the broadest scope—often covering the API's chemical structure, therapeutic use, or formulation.
- Dependent Claims: Refine the independent claims, adding specific limitations, such as dosage ranges, administration routes, or specific patient populations.
The scope, determined by the language of claims, influences enforcement and potential infringing parties. Broad claims offer wider protection but may be challenged as overly vague or anticipated.
3. Patent Scope Evaluation
- Chemical or composition claims: Offer protection over specific molecules or formulations.
- Use claims: Cover therapeutic methods or indications.
- Method claims: Protect manufacturing or administration methods.
- Geographical scope: Valid within South Korea and potentially enforceable elsewhere if patent families or filings exist in other jurisdictions.
4. Novelty and Inventive Step
The patent's claims must demonstrate novelty—distinct difference from prior art—and an inventive step—a non-obvious progression over known techniques. This assessment depends on:
- Prior art search: Existing patents, scientific literature, and product disclosures.
- Existing innovations: Overlap may narrow claim scope or invite legal challenge.
Patent Landscape in South Korea for Similar Drugs
1. Regional Patent Proliferation
South Korea's robust pharmaceutical patent landscape includes:
- Korean filings: With numerous filings by domestic firms like Samsung Bioepis, LG Chem, and SK Bioscience.
- International extensions: Many Koreans patentees file PCT applications or direct filings in major markets (U.S., Europe, Japan).
2. Competitors and Patent Clusters
- Major players: Compete in sectors such as biosimilars, oncology drugs, and metabolic disorder therapeutics.
- Patent clusters: Overlapping patents in specific drug classes, such as tyrosine kinase inhibitors or mRNA technologies.
3. Patent Family and Overlapping Patents
Analysis of patent families linked to KR102256013 reveals:
- Potential family members filed internationally, extending protection.
- Overlaps with earlier patents, possibly necessitating licensing or legal challenges.
Legal Status and Enforcement
- Grant Status: Confirmed granted, providing enforceability.
- Opposition or Litigation: Review for any legal actions—ongoing or resolved—to gauge enforceability risks.
- Expiration: Typically 20 years from filing, unless extended or subject to patent term adjustments.
Strategic Implications
- For Innovators: KR102256013 provides a solid local patent basis; however, its scope's breadth and prior art influence enforceability.
- For Generics: Depending on claim scope and expiry, generics could navigate around specific claims via different formulations or methods.
- For Investors: The patent landscape indicates active competition; strong claims with narrow scope might limit immediate infringement risks but could be vulnerable to design-around strategies.
Conclusion
KR102256013 presents a notable innovation in South Korea’s pharmaceutical patent environment. Its scope appears focused on novel aspects of drug formulation or use, supported by specific claims that protect proprietary innovations. The patent landscape is highly dynamic, with overlaps suggesting active R&D and patenting efforts across Korea and internationally. Companies should monitor both patent validity and overlapping rights to shape their commercialization strategies appropriately.
Key Takeaways
- KR102256013 likely covers a novel drug or formulation with domestic enforceability in South Korea.
- The scope's strength hinges on claim wording; broader claims provide higher protection but face higher invalidation risk.
- South Korea’s active patent environment necessitates ongoing landscape analysis, especially for overlapping filings in related therapeutic areas.
- Strategic patent management should consider potential patent cliffs, opportunities for licensing, or design-around strategies.
- Global patent family extensions could influence market exclusivity beyond South Korea.
Frequently Asked Questions (FAQs)
1. What is the typical duration of patent protection for pharmaceuticals in South Korea?
Patent protection lasts 20 years from the filing date. However, patent term adjustments or extensions may be available, especially for pharmaceuticals requiring regulatory approval.
2. Can Korean patents like KR102256013 be enforced outside South Korea?
Not directly. To enforce overseas, patent applicants must file corresponding applications in target jurisdictions, either via direct filings or via PCT routes.
3. How does the scope of claims influence patent infringement?
Broader claims increase the likelihood of infringement detection but are more susceptible to invalidation. Narrow claims offer limited coverage but can be easier to defend.
4. What strategies do generic manufacturers use to navigate such patents?
Generics may develop alternative formulations, manufacturing processes, or focus on different therapeutic indications to circumvent claims.
5. How significant is Korea in the global pharmaceutical patent landscape?
South Korea ranks as a major innovator, with numerous filings in biotech, biologics, and small-molecule drugs, making its patent landscape highly influential regionally and internationally.
References:
- Korean Intellectual Property Office (KIPO) Database.
- WIPO Patent Database.
- Patent Law of South Korea.
- Industry Reports on Korean Pharmaceutical Patents.
