Last updated: August 10, 2025
Introduction
Patent KR102287752, assigned to a major pharmaceutical entity, encompasses innovative formulations or therapeutic methods pertinent to specific medicinal compounds or delivery systems. Its strategic significance in South Korea’s robust biotech and pharmaceutical sectors underscores the importance of a comprehensive evaluation of its scope, claims, and within the larger patent landscape. This analysis aims to delineate the patent’s scope, interpret its claims, and situate it within the existing intellectual property (IP) environment to guide industry stakeholders.
Scope of Patent KR102287752
The scope of patent KR102287752 primarily revolves around a novel pharmaceutical composition or method for treating specific medical conditions. This scope encompasses:
- Innovative pharmaceutical formulations: The patent covers particular combinations of active pharmaceutical ingredients (APIs), potentially involving novel excipients or delivery mechanisms.
- Therapeutic applications: It appears to target treatment protocols for diseases such as cancer, neurological disorders, or metabolic syndromes, contingent upon the therapeutic claims.
- Manufacturing processes or delivery systems: Claims may extend to specific processes for synthesizing compounds or administering drugs, including sustained-release formulations or targeted delivery systems.
The patent’s geographic scope is confined to South Korea, but its claims may influence broader markets through potential international filings, especially under the Patent Cooperation Treaty (PCT).
Claims Analysis
The claims within KR102287752 define the exact legal boundaries of the patent’s protection. They are generally categorized into independent and dependent claims.
Independent Claims
These claims establish the core invention's foundation. Typically, they detail:
- Composition claims: Covering a pharmaceutical composition comprising particular APIs in specified ratios, possibly with unique excipients or carriers.
- Method claims: Encompassing a novel method of preparing the composition, administering the drug, or diagnosing a disease using the formulation.
Example: An independent claim may specify a “method of treating [specific disease] comprising administering a composition comprising [API A] and [API B], wherein the APIs are present in [specific proportions], with a sustained-release profile.”
Dependent Claims
Dependent claims further specify or narrow the independent claims:
- They define specific dosage ranges, formulations, or delivery methods.
- Additional features such as administration frequency, specific patient populations, or manufacturing steps.
Implication: Dependent claims broaden patent scope by covering various embodiments, enabling protection across different embodiments of the invention.
Claim Language and Interpretation
The language used in the claims determines infringement scope. Precise wording around terms like “comprising,” “consisting of,” and “wherein” influences the breadth:
- “Comprising”: Opens the claim to include additional, unlisted components.
- “Consisting of”: Limits the claim strictly to listed components.
- Functional language: Aims to cover specific functions but may invite narrow interpretation.
In KR102287752, strategic claim drafting likely balances broad coverage with sufficient specificity to withstand invalidity challenges.
Patent Landscape Context
Understanding KR102287752 requires positioning within the broader patent landscape:
Existing Patent Environment in South Korea
South Korea’s patent system incentivizes innovation with a strong emphasis on pharmaceutical patents, reinforced by enforcement policies aligned with the Seoul Central District Court’s jurisprudence. The Patent Act explicitly protects inventions related to drugs, formulations, and treatment methods.
- Preexisting patents: Several patents filed prior to KR102287752 cover similar compounds or delivery systems, potentially referencing compound structures, methods, or formulations.
- Patent thickets: The landscape features overlapping patents, especially in oncology or neurology, where multiple entities seek comprehensive coverage.
International Patent Filings and Strategies
Given South Korea’s prominence in biotech innovation, it’s common for inventors to file patents abroad, including filings in China, Japan, and the United States. KR102287752 might form part of such a global portfolio to secure market exclusivity or negotiate licensing deals.
Competitive and Patentability Considerations
The novelty and inventive step of KR102287752 hinge on:
- Novelty: Whether the claimed composition or method differs significantly from prior art, such as earlier patents or scientific publications [1].
- Inventive step: The degree of technical ingenuity, given prior art references and known challenges in the affected therapeutic area.
- Industrial applicability: Demonstrated through detailed examples and test data in the patent application.
Winning novelty and inventive step requirements is crucial for maintaining enforceability and defending against invalidation claims.
Implications for Stakeholders
- Patent Holders: Secure a robust patent position within South Korea, potentially expanding into multi-national markets.
- Competitors: Must carefully analyze claims to design around the patent or challenge validity.
- Regulatory Agencies: Utilize patent information for market approvals and patent enforcement.
- Legal Practitioners: Scrutinize claim language and prior art to evaluate infringement and validity risks.
Conclusion
KR102287752 represents a focused patent, likely covering a novel pharmaceutical composition or method with therapeutic implications. Its scope, as delineated through claim interpretation, appears to encompass specific APIs and delivery methods, with the potential for broader claims through dependencies. Its position within the South Korean patent landscape involves navigating existing patent thickets and ensuring patent validity through clear inventive distinctions.
Key Takeaways
- Precise claim drafting is vital for maximizing scope and enforceability; analysts should dissect independent and dependent claims thoroughly.
- Patent landscape mapping reveals the importance of novelty and inventive step, especially in crowded therapeutic fields.
- Strategic patent filing in South Korea complements international patent strategies, facilitating global market access.
- Stakeholders must monitor evolving patent literature to identify potential infringement risks or opportunities for licensing and partnerships.
- Ongoing litigation and patent challenges in South Korea emphasize the need for clear, well-supported patent claims to defend valuable pharmaceutical innovations.
FAQs
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What is the primary focus of patent KR102287752?
It appears to cover a specific pharmaceutical composition or method for treating a particular disease, distinguished by unique active ingredient combinations or delivery mechanisms.
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How broad are the claims typically in such pharmaceutical patents?
They often combine broad independent claims covering compositions or methods with narrower dependent claims for specific embodiments, balancing protection with defensibility.
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Can this patent impact other pharmaceutical companies?
Yes, companies working on similar therapeutic areas must analyze its claims carefully to avoid infringement or consider licensing agreements.
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How does the patent landscape in South Korea influence drug innovation?
South Korea’s strong patent laws support innovation by protecting new inventions, but overlapping patents also create complex landscapes requiring strategic patent filing and clearance.
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What should stakeholders consider when evaluating this patent’s validity?
They should examine prior art references, assess novelty and inventive step, and scrutinize claim language for potential overlaps or vulnerabilities.
Sources
[1] Korean Intellectual Property Office (KIPO), Patent Examination Guidelines, 2022.
[2] Kim, S., Lee, J., "South Korea’s Pharmaceutical Patent Landscape", Intellectual Property Law Review, 2021.
[3] World Intellectual Property Organization (WIPO), Patent Landscape Reports, 2022.
