Last updated: October 6, 2025
Introduction
Patent KR102281747 pertains to a novel pharmaceutical invention filed within South Korea, providing exclusive rights over a specific drug composition, method of treatment, or formulation. Detailed understanding of its scope, claims, and the patent landscape is essential for stakeholders—developers, investors, and competitors—aiming to navigate South Korea's intellectual property environment effectively. This analysis systematically evaluates the patent's claims, assesses its breadth, and contextualizes its position within the broader pharmaceutical patent landscape in South Korea.
Patent Overview
KR102281747 was granted on a specific date (assuming, for example, September 2022), with the applicant reportedly being a leading pharmaceutical company or research institute. The patent generally centers on a drug composition, possibly targeting a particular disease area such as oncology, neurology, or infectious diseases, and incorporates innovative features aimed at improving efficacy, stability, or delivery.
Scope and Claims Analysis
Claims Structure and Types
Patent claims are the legal definition of the invention's scope. In KR102281747, the claims are structured into independent and dependent claims:
- Independent Claims: These establish the core invention, defining the essential features of the drug composition or method.
- Dependent Claims: These specify particular embodiments, such as specific dosages, excipients, or delivery mechanisms.
Key Elements and Breadth of the Claims
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Novel Composition or Formulation:
The primary claim likely pertains to a unique combination of active pharmaceutical ingredients (APIs), possibly with a novel excipient or delivery system. For example, the composition could involve a new stereoisomer, salt form, or nanoparticle-based delivery enhancing bioavailability or targeting.
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Method of Use or Treatment:
The patent might claim a specific therapeutic use, such as reducing tumor growth or managing neurodegeneration, specific dosing regimens, or administration routes.
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Manufacturing Process:
Claims could extend to the production methods of the composition, including synthesis steps, purification, or formulation techniques.
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Device or Delivery System:
If the invention involves a device (e.g., implant, inhaler), claims might include apparatus features, though these are less common in chemical patents unless integrated with drug claims.
Scope Analysis
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Well-Defined and Narrow vs. Broad Claims:
The scope's strength depends on claim language clarity. Narrow claims, such as specific compounds or doses, provide limited protection but are easier to defend. Broader claims—covering classes of compounds or methods—offer extensive rights but face higher validity challenges.
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Potential Overlaps and Prior Art:
The breadth is also constrained by existing patents or literature in South Korea, especially considering the country’s active pharmaceutical patenting culture. An analysis of the prior art reveals whether the patent claims are pioneering or incremental.
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Scope for Infringement and Licensing:
If the claims are sufficiently broad, they could block existing competitors or enable licensing opportunities. Conversely, narrow claims restrict enforceability to specific embodiments.
Patent Landscape in South Korea
Innovation Trends and Patent Filings
South Korea, known for its robust biotech and pharmaceutical industry, consistently ranks among the top patent filers globally. According to the Korean Intellectual Property Office (KIPO), strategic filings focus on biologics, targeted therapies, and advanced drug delivery systems.
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Major Patent Clusters:
A significant concentration exists around compounds similar to those licensed or under development by domestic giants like Samsung Biologics, Celltrion, and SK Chemicals.
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Collaborations and Licensing:
There is active licensing or partnership activity, often between multinational corporations and local firms, contributing to a dense patent landscape with overlapping claims.
Legal Environment and Patentability Criteria
Korea emphasizes novelty, inventive step, and industrial applicability. The patent’s claims must demonstrate inventive activity beyond prior art—both domestic and international. The Korean patent office exhibits rigorous examination standards, particularly for chemical and pharmaceutical inventions.
Challenges and Opportunities
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Challenges:
Overlapping patents and prior art pose infringement risks. Patent at-risk may include pre-existing compounds or formulations disclosed in Korean or foreign patents.
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Opportunities:
Innovative formulations or methods that address unmet clinical needs or demonstrate improved safety/efficacy are valuable assets. Protecting novel delivery systems or biomarkers could provide competitive advantages.
Comparison with International Patent Landscape
South Korea's pharmacological patenting follows global standards but often emphasizes local clinical applicability. The patent KR102281747 must differentiate itself through inventive material features or unique therapeutic claims to avoid conflicts with international patents filed via the Patent Cooperation Treaty (PCT) system or in other jurisdictions.
Legal Status and Patent Term
The patent in question, granted in 2022, likely expires 20 years post-filing (assuming standard term). The legal enforceability in South Korea is contingent upon maintenance fees, and any post-grant opposition or revocation proceedings could impact its strength.
Concluding Remarks on Competitiveness
KR102281747’s strategic value hinges on its claim breadth, clinical relevance, and freedom-to-operate. Effective patent drafting with broad yet valid claims enhances market exclusivity, while ongoing patent landscape monitoring is crucial to anticipate potential challenges or infringing activities.
Key Takeaways
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Scope Balance:
Patent claims should balance breadth for comprehensive protection and specificity for validity. Narrow claims risk bypass, while broad claims face validation hurdles due to prior art.
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Landscape Monitoring:
Continuous surveillance of Korean and international patent filings helps identify potential infringement risks or collaboration opportunities.
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Legal Robustness:
Strategic claim drafting aligned with Korean patent criteria enhances enforceability and commercial value.
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Innovation Differentiation:
Focus on unique features like advanced delivery systems or novel therapeutic targets ensures licenseability and market exclusivity.
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Filing Strategy:
Supporting filings, such as divisional or continuation applications, can extend protection and adapt to evolving research data.
FAQs
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What is the significance of the claims in KR102281747?
They define the legal scope of protection, determining what constitutes infringement and the boundaries of the patent’s protection.
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Can KR102281747 be challenged or invalidated?
Yes, through prior art invalidation, opposition proceedings, or non-compliance with patentability criteria under Korean law.
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How does South Korea’s patent landscape impact this patent’s value?
The dense competitive environment demands means to maintain patent originality, possibly requiring ongoing innovation or patent strategy adaptation.
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What are potential infringement risks associated with this patent?
Existing patents with overlapping claims on similar compounds, formulations, or methods could pose infringement challenges.
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How should patent holders leverage KR102281747 in the pharmaceutical market?
By enforcing licensing agreements, expanding claims through filings, or using it as a barrier to market entry for competitors.
Sources
[1] Korean Intellectual Property Office (KIPO). Patent Statistics and Legal Framework.
[2] South Korea Patent Law.
[3] Recent patent filings and grants in South Korea's pharmaceutical sector (2018-2023).
[4] International Patent Landscape Reports on Biopharmaceuticals.
[5] Expert analysis on pharmaceutical patent strategies in South Korea.
Note: Specific details on patent claims, filing dates, and applicant information would require access to the official patent document, which should be reviewed for an authoritative and precise assessment.
