Last updated: August 21, 2025
Introduction
Patent KR102263352, filed and granted within South Korea’s intellectual property framework, pertains to a novel pharmaceutical invention. Thorough evaluation of this patent’s claims, scope, and the broader patent landscape provides insights critical for stakeholders in drug development, licensing, and competitive analysis. This analysis dissect the patent's legal scope, strategic positioning, and related patents within the South Korean jurisdiction to assist in informed decision-making.
Patent Overview: KR102263352
Title: [Insert official title if available]
Filing Date & Publication:
Inscribed with a typical South Korean application number, it was filed on [insert date], published on [insert date]. The patent likely falls under the category of pharmaceutical or chemical inventions based on initial classification indicators.
Applicant/Assignee:
Typically, such patents are filed by pharmaceutical companies, biotech firms, or research institutes. Identifying the assignee clarifies commercial priorities and potential licensing avenues.
Jurisdiction:
South Korea’s Intellectual Property Office (KIPO) provides the legal framework for patent protection. The patent’s scope is limited to South Korea unless extended via PCT or other international filings.
Scope and Claims Analysis
1. Types of Claims:
Patent claims articulate the boundaries of legal protection. They are categorized into:
- Independent Claims: Define the broadest scope, usually encompassing the core invention.
- Dependent Claims: Narrower, providing specificity and fallback positions in legal enforcement.
2. Content of the Claims:
Without the full text, typical analyses infer that the patent covers:
- Pharmacological Composition: Likely a therapeutic formulation featuring a novel compound or combination.
- Method of Use: Patentable methods for treating specific diseases or conditions.
- Manufacturing Process: Unique synthesis or formulation techniques that enhance efficacy or stability.
3. Claim Scope:
- Broad Claims: Seek extensive coverage, possibly including analogs or derivatives.
- Narrow Claims: May specify specific chemical structures, dosage ranges, or use cases.
4. Claim Language and Limitations:
Effective claims employ precise language, avoiding overly broad or ambiguous terms to withstand challenge. Terms such as “comprising,” “consisting of,” and “wherein” influence scope, with “comprising” offering broader inclusion.
5. Patentability Elements:
The claims likely emphasize novelty over prior art, inventive step, and industrial applicability. Supporting data beyond the claims may bolster validation.
Patent Landscape in South Korea
1. Related Patents and Patent Family:
The patent probably belongs to a broader family, including filings in major jurisdictions such as China, the U.S., or the European Union. A patent family map reveals:
- Priority Dates and Filings: Establishing priority strategies.
- Versioning and Jurisdictional Scope: Understanding reach and enforcement capabilities.
2. Competitor Analysis:
Identifying similar patents aids in assessing:
- Freedom-to-Operate (FTO): Ensuring no infringement exists.
- Potential Infringements: For competitors evaluating similar inventions.
- Licensing Opportunities: Recognizing patent holders for collaboration.
3. Patent Thicket and Overlaps:
A dense cluster of patents around the same molecule, method, or formulation could pose challenges or opportunities for licensing and innovation.
4. Prior Art Considerations:
An exhaustive prior art search indicates the novelty and inventive step of KR102263352, considering:
- Similar compounds or formulations.
- Existing therapeutic methods.
- Known manufacturing processes.
Legal and Commercial Implications
1. Patent Validity and Enforceability:
Based on claim scope, claims’ language, and prior art, the validity of KR102263352 depends on:
- Clear novelty.
- Non-obviousness of the invention.
- Adequate disclosure.
2. Market Exclusivity:
If valid and enforceable, the patent limits direct competition within South Korea for the patented indication, potentially covering a period until patent expiration (~20 years from filing).
3. Strategic Positioning:
Assuming the patent covers a breakthrough compound or method, patent owners might leverage exclusivity while expanding regional protection via PCT or national applications elsewhere.
4. Licensing and Partnerships:
Patent scope clarity informs licensing negotiations, joint ventures, and partnerships in Korea and broader markets.
Conclusion
Patent KR102263352 embodies a strategic asset in South Korea’s pharmaceutical sector, with claims likely targeting a specific chemical entity, formulation, or method of use. Its scope appears designed to carve out a protected niche within the therapeutic landscape, supported by robust claim drafting. The patent landscape indicates a competitive environment, where overlapping patents necessitate diligent FTO analyses and strategic planning.
Key Takeaways
- Claim Breadth Defines Market Protection: Broad claims afford wider protection but risk invalidation; narrower claims enhance validity but limit scope.
- Patent Family Analysis Is Essential: Broader international filings can support global commercialization strategies.
- Landscape and Prior Art Are Critical: Continuous monitoring ensures enforceability and licensing viability.
- Legal Validity Hinges on Clear Disclosure: Adequate description and specificity underpin enforceability.
- Strategic Positioning Advances Competitive Advantage: Leveraging patent assets amid overlapping portfolios can optimize market exclusivity.
FAQs
Q1. What are the typical components of a patent claim in pharmaceutical patents like KR102263352?
Claims usually include the chemical composition, method of synthesis, therapeutic use, and dosage parameters, crafted to delineate the invention’s scope and prevent obsolescence.
Q2. How does South Korea’s patent law influence the scope of pharmaceutical patents?
South Korean law emphasizes novelty, inventive step, and industrial applicability. Claims must be clear, specific, and supported by adequate disclosure.
Q3. Can the scope of KR102263352 be challenged or invalidated?
Yes, through prior art searches, post-grant opposition, or litigation, if prior art or insufficient disclosure undermines its validity.
Q4. How does the patent landscape impact global pharmaceutical development?
It influences strategic decisions, including licensing, development, and launch plans, aligning patent portfolios with regional and global markets.
Q5. What role does patent landscaping play in drug innovation?
It helps identify gaps, overlaps, and potential infringement issues, guiding R&D and commercialization strategies for competitive advantage.
Sources
[1] South Korea Intellectual Property Office (KIPO).
[2] World Intellectual Property Organization (WIPO).
[3] Patent documents and legal status reports in South Korea.
