Last updated: August 25, 2025
Introduction
Patent KR102291448 pertains to a specific pharmaceutical invention filed within South Korea’s patent system. This analysis aims to dissect the scope of the patent, detail its claims, and contextualize it within the broader patent landscape for pharmaceuticals in South Korea. Such an understanding is crucial for stakeholders, including generic drug manufacturers, research entities, and patent attorneys, aiming to evaluate the patent’s strength, potential for infringement, and freedom-to-operate considerations.
Patent Overview and Basic Details
Patent KR102291448 was granted by the Korean Intellectual Property Office (KIPO). The patent’s priority date, publication date, and assignee details provide essential temporal and ownership context—however, such specifics are not provided here. Based on typical patent document structures, the patent likely covers a novel molecular compound or formulation with therapeutic utility, which is common in South Korean pharmaceutical patents.
Scope and Nature of the Patent Claims
Claims Overview
The claims define the legal scope of the patent. They establish what the patent holder regards as their invention and are divided into independent and dependent claims:
- Independent Claims: These provide the broadest definition of the invention, often covering the core molecule, composition, or method.
- Dependent Claims: These add specific limitations or embodiments, narrowing the scope to particular sub-variants, processes, or formulations.
Analysis of Key Claims
While the exact language of KR102291448 is not provided here, typical pharmaceutical patents encompass:
- Chemical compound claims: Covering a novel chemical entity or a class of compounds with specific structural features.
- Formulation claims: Covering specific pharmaceutical compositions, including excipients and delivery mechanisms.
- Method claims: Covering methods of synthesis, use in treatment, or administration techniques.
Given the patent's scope, the claims likely focus on a new compound or a pharmaceutical composition with unexpected therapeutic effects or improved pharmacokinetics.
Claim Scope—Legal and Practical
Broad independent claims (e.g., “A compound consisting of the structure...”) offer strong protection but are susceptible to novelty or inventive step challenges. Narrow claims (e.g., specific salts, isomers, or formulations) provide more defensible, layered protection but are easier for competitors to design around. The presence of multiple dependent claims enhances the patent's territorial robustness by covering a spectrum of embodiments.
Patent Landscape in South Korea for Related Pharmaceutical Inventions
South Korea's Pharmaceutical Patent Environment
South Korea boasts a highly active pharmaceutical patent registry, with over 5,600 patents granted annually across multiple classes, notably in oncology, infectious diseases, and biologics [1]. The patent landscape is characterized by:
- High patenting activity for innovative compounds originating from KOR and foreign entities.
- Strategic patent filings targeting treatment indications with high unmet medical needs.
- Frequent patent thickets around blockbuster drugs, emphasizing litigation and licensing strategies.
Relevance to KR102291448
The patent likely resides within a crowded terrain of similar filings, especially if it covers a common chemical scaffold or therapeutic approach. It interfaces with known patents claiming compounds with analogous mechanisms or therapeutic indications. An assessment of overlapping prior art is essential to evaluate patent robustness.
Prior Art and Patent Citations
Patent KR102291448 probably cites prior Korean patents and international applications (via PCT or direct filings) covering related molecular structures or uses. Its ability to demonstrate inventive step depends on the novelty over these cited references. Conversely, subsequent filings may cite KR102291448 as prior art, impacting future patentability.
Legal and Commercial Implications
Patent Strength and Potential Challenges
- Novelty: If the compound or formulation exhibits an unexpected property or structural divergence from known equivalents, the patent's claims are more defendable.
- Inventive Step: The inventive contribution must demonstrate non-obviousness over prior art. Given South Korea’s rigorous examination standards, the claims’ breadth may be constrained to allow a defensible scope.
- Industrial Applicability: The practical utility of the invention in manufacturing or treatment regimes is crucial for maintaining enforceability.
Infringement Risks
Manufacturers developing similar compounds must scrutinize the claims’ language to assess infringement risk. Narrow claims may be easier to circumvent, while broad claims necessitate careful design-around strategies.
Patent Lifecycle and Market Strategies
The patent’s lifespan (generally 20 years from filing) influences market exclusivity. Effective patent portfolio management, including licensing and patent rights enforcement, is vital for maximizing commercial returns.
Conclusion
Patent KR102291448 exemplifies the strategic importance of robust patent claims within South Korea’s dynamic pharmaceutical landscape. Its scope pivots on the breadth and specificity of its claims—overlapping with existing patents or carving new innovation territory. Stakeholders must evaluate the patent's claims critically, considering prior art, potential for infringement, and the competitive landscape to optimize their R&D and commercial strategies.
Key Takeaways
- The patent’s legal strength hinges on the balance between broad claims and defensible scope amid extensive prior art in South Korea.
- A thorough prior art search should be conducted to assess patent novelty and inventive step.
- The patent landscape in South Korea is dense, requiring strategic patent drafting and vigilant portfolio management.
- Enforcing or designing around this patent demands detailed claim analysis aligned with competitive innovation.
- Ongoing monitoring of patent citations and litigation is essential to maintaining market freedom.
FAQs
1. What is the typical process for patenting a pharmaceutical compound in South Korea?
The process involves filing a detailed application with claims covering the novelty, inventive step, and industrial applicability, followed by substantive examination to validate patentability criteria according to KIPO standards [2].
2. How does South Korea’s patent law handle biotech and pharmaceutical inventions?
South Korea provides patent protection for new chemical entities, formulations, and methods of use, with specific considerations for inventive quality and utility, aligning closely with international standards like the Patent Cooperation Treaty (PCT) [3].
3. Can a patent like KR102291448 be challenged post-grant?
Yes. Third parties can file invalidation or opposition proceedings based on prior art, lack of novelty, or obviousness, within specified timelines after patent grant.
4. How does patent landscape analysis inform drug development strategies in Korea?
It identifies freedom-to-operate opportunities, potential infringement risks, and areas for innovation, shaping R&D focus and licensing decisions.
5. What are common pitfalls in patent claims drafting for pharmaceuticals in South Korea?
Overly broad claims may be vulnerable to invalidation; overly narrow claims risk limited protection. Balancing scope to cover all significant embodiments while maintaining novelty is essential.
References
[1] Korea Intellectual Property Office (KIPO). Annual Patent Statistics Report, 2022.
[2] Lee, S. K. et al. (2021). Patent Law and Practice in South Korea. Journal of Intellectual Property Law.
[3] World Intellectual Property Organization (WIPO). Patent System in South Korea.
Disclaimer: This analysis is for informational purposes and does not substitute for legal advice. For specific legal opinion, consult a registered patent attorney.
