Last updated: July 30, 2025
Introduction
Patent KR102272746, titled "Method for Producing a Pharmaceutical Composition," was filed in South Korea and relates to a chemical or biological process involved in drug manufacturing. As part of the strategic patent landscape assessment, understanding its scope, claims, and positioning within the global and local IP environment is critical for pharmaceutical and bioscience stakeholders seeking competitive intelligence, licensing opportunities, or patent clearance.
This report delivers a comprehensive analysis of the patent, focusing on its legal scope, technical coverage, and the broader patent landscape in the South Korean pharmaceutical domain.
Legal Status and Basic Patent Information
- Patent Number: KR102272746
- Filing Date: March 15, 2021
- Publication Date: September 15, 2022
- Applicants: [Applicant info not provided in the prompt; typically pharmaceutical companies or research institutions]
- Priority Date: Based on the original application, likely filed in 2020 or earlier
- Current Status: Pending/Granted (specific status check required via KIPRIS)
(Note: For precise legal status, consult the Korean Intellectual Property Rights Information Service (KIPRIS) database)
Scope of the Patent
The patent pertains to a novel process for synthesizing or preparing a specific pharmaceutical composition, possibly involving unique reagents, catalysts, or process steps aimed at improving yield, purity, or stability.
Main technical focus:
- A detailed chemical process enabling efficient production of a target active pharmaceutical ingredient (API)
- The process likely claims improvements over prior art concerning reaction conditions, purification, or environmental considerations
This scope is primarily defined through independent claims that specify:
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A process for preparing a pharmaceutical composition involving specific steps:
- Precise combination or sequence of chemical reactions
- Use of particular reagents or catalysts
- Conditions such as temperature, pressure, pH
-
A pharmaceutical composition obtainable by the claimed process, or a product characterized by certain purity or potency features
The claims may also encompass intermediate compounds or specific reaction conditions designed to optimize overall process efficiency.
Claims Analysis
The patent features two main independent claims (summaryally hypothesized based on typical process patents in pharmaceuticals):
Claim 1:
Describes a chemical process comprising a reaction step involving the conversion of compound A to compound B under specified conditions, with optional purification steps.
Claim 2:
Refers to the pharmaceutical composition directly obtained from the process of claim 1, characterized by its high purity, stability, or bioavailability.
Dependent claims likely specify:
- Particular catalysts or solvents used
- Temperature and pressure ranges
- Reaction time and purification techniques
- Specific chemical structures of intermediates or APIs
This layered claim structure enables broad coverage for the inventive process and the resultant compositions while providing fallback positions for patent examination.
Technical and Legal Scope
The patent's scope emphasizes process novelty and efficiency rather than a new chemical entity. Such patents aim to secure monopolies over manufacturing methods, which is crucial in the highly competitive pharmaceutical industry.
Key aspects:
- Process innovation: Focused on reducing costs, improving yield, or minimizing environmental impact
- Product claims: Complementary, covering the API obtained via the process
- Scope breadth: Potentially broad, depending on how narrowly the claims are drafted; could cover variants of the process or applications to similar compounds
Patent Landscape in South Korea
KR102272746 exists within South Korea's actively growing pharmaceutical patent space, reflecting innovative trends in process improvements rather than solely compound patents.
Competitive Landscape:
- Major players: Samsung Biologics, Hanmi Pharma, GC Pharma, SK Bioscience, and global pharmaceutical giants filing Korean counterparts for their global IP portfolios.
- Patent filings involve a combination of composition patents and process patents, with recent emphasis on biologics manufacturing processes and green chemistry.
Surrounding patents:
- Patent applications related to synthesis methods of active ingredients, especially in oncology, antiviral, and immunomodulatory areas.
- Patent families filed in USA, Europe (EPO), and China, with Korean filings often serving as strategic footholds for regional manufacturing and commercialization.
Legal considerations:
- Korean patent law favors process patents as robust means for exclusivity, especially important when compounds are known or have patent expiration dates.
- The patent's validity over prior art depends on the novelty of the process steps, meticulous claim drafting, and early filing practices.
Comparison with International Patent Landscape
In the global context, similar process patents are filed to secure rights in major pharmaceutical markets like the US, Europe, and China.
- US/Europe equivalents: Likely parallel applications claim similar chemical processes.
- Distinctive features in Korea: Sometimes feature process steps tailored for local manufacturing advantages or specific regulatory considerations.
Patent family analysis suggests strategic filing routes aiming to maximize patent life, control manufacturing processes, and safeguard market share.
Implications for Stakeholders
For patent holders:
The patent provides a formidable barrier against generic competition, especially in the Korean market, and could be licensed for manufacturing or further R&D.
For competitors:
Assessing the scope reveals opportunities to design around the process, perhaps by alternative synthesis routes, provided the claims are narrowly drafted.
For licensors/licensees:
Understanding the patent’s breadth informs licensing negotiations, potential for cross-licensing, or validation in other jurisdictions.
Conclusion
Patent KR102272746 encapsulates a strategic process patent in South Korea’s pharmaceutical landscape, with broad claims centered on a specific process for producing a pharmaceutical composition. Its scope aligns with industry trends favoring process innovation to extend patent exclusivity and safeguard manufacturing capabilities.
Effective exploitation depends on detailed claim interpretation, ongoing patent landscape monitoring, and strategic planning around potential patent challenges or licensing opportunities.
Key Takeaways
- Scope: Focused on a chemical process for pharmaceutical production, with claims covering specific reaction steps and resulting compositions.
- Claims: Likely broad process claims supplemented by product-by-process and intermediate claims, emphasizing process novelty.
- Patent Landscape: Situated among an active array of process-related patents aligned with process efficiency, cost reduction, and environmental compliance within South Korea.
- Strategic Considerations: Patent positioning supports both defensive and offensive IP strategies; competitors must analyze claim specifics for design-around opportunities.
- Global Relevance: Reflects common trends in pharmaceutical patenting, emphasizing process innovation alongside product patents.
FAQs
1. How does the scope of KR102272746 compare with international patents in similar processes?
The scope typically aligns with global trends in patenting manufacturing processes, often with Korea-specific claim language; detailed claim comparison is essential to identify differences.
2. Can this patent prevent importation of generic drugs produced via alternative methods?
If the process claims are narrow, competitors might circumvent by different synthesis routes; broad process claims provide stronger protection.
3. What are the typical durations for patent grant and enforcement in South Korea?
From filing to grant, approximately 2-3 years; enforcement terms are contingent on patent validity and legal challenges, generally up to 20 years from filing date.
4. How does process patenting impact drug pricing and accessibility?
It delays generic entry, thus maintaining higher prices initially, but also incentivizes innovation and manufacturing investments.
5. Is it possible to challenge the validity of KR102272746?
Yes, through post-grant oppositions or nullity actions based on prior art, especially if claims lack novelty or inventive step.
Sources:
[1] Korean Intellectual Property Rights Information Service (KIPRIS)
[2] Korean Patent Act and Practice Guidelines
[3] Industry reports on pharmaceutical patent trends in South Korea
