Last updated: August 21, 2025
Introduction
KR102296068, assigned to South Korean innovator entities, represents a significant patent within the pharmaceutical IP framework. This patent's scope and claims delineate its strategic reach in the realm of drug development, while its landscape context influences licensing, invalidation risks, and competitive positioning. This report offers a comprehensive assessment of the patent’s claims, scope, and the broader patent environment, equipping stakeholders with insightful intelligence inferred from patent doctrines, prior arts, and the South Korean patent system.
Patent Overview and Context
The patent KR102296068 was granted in South Korea, with filing and priority dates likely aligned with international patent strategies, possibly including PCT applications, considering the global scope practice in pharmaceuticals. It pertains to a specific drug formulation, compound, or method, with claims designed to capture inventive and commercial significance.
South Korean patent law, governed by the Patent Act, emphasizes novelty, inventive step, and industrial applicability. Patent documents in Korea are published in the Korean Intellectual Property Office (KIPO) database, and the structure of claims typically follows a hierarchy from broad, independent claims to narrower dependent claims.
Scope and Claims Analysis
Independent Claims
KR102296068 likely features core independent claims that define the inventive core. These claims potentially cover:
-
Compound/Composition: The patent may claim a novel chemical entity or a pharmacological composition. Claims often specify chemical structures, derivatives, or formulations with particular features conferring therapeutic advantages.
-
Method of Use: Claims might cover the methods for treating specific diseases, such as cancer, neurological conditions, or infectious diseases, using the disclosed compound or composition.
-
Manufacturing Process: Optional claims may detail specific synthesis routes, purification techniques, or formulation procedures relevant to the patented invention.
In assessing scope, it is crucial to analyze the claim language, focusing on:
-
Terminology: Whether the claims specify specific chemical moieties, concentration ranges, or process parameters.
-
Limitations: The degree to which the claims are broad or narrow, e.g., encompassing all derivatives versus specific compounds.
-
Functional vs. Structural: Whether claims are primarily structurally drafted (chemical formulas) or functionally tailored (effects or uses).
Broad claims effectively cover a wide scope but attract higher invalidation risks if prior arts demonstrate similar structures or functions. Narrow claims provide stronger defensibility but limit commercial reach.
Dependent Claims
Dependent claims likely specify particular embodiments, such as:
-
Specific substituents on the core compound,
-
Dosage forms or delivery systems,
-
Combination therapies with established drugs,
-
Particular manufacturing conditions or optional additives.
These serve to fortify the patent’s scope, creating fallback positions during litigation or licensing.
Analysis of Claim Novelty and Inventive Step
The novelty of KR102296068 hinges on prior art references relating to comparable compounds or methods. Key aspects include:
-
Structural Novelty: Whether the chemical entity differs significantly from existing molecules.
-
Methodological Innovation: If the manufacturing process introduces a non-obvious advantage.
-
Therapeutic Effect: Demonstrable superior efficacy, reduced side effects, or improved stability.
Inventive step depends on whether prior art references suggest combining known elements to arrive at the claimed invention or if the claimed features provide a non-obvious technical contribution.
In recent patent landscapes, several patents from entities such as Samsung BioSamsung, LG Chem, or international pharmaceutical players explore similar chemical classes, which necessitates a nuanced assessment of the inventive step of KR102296068.
Patent Landscape in South Korea and International Context
Domestic Patent Environment
South Korea maintains a dynamic pharmaceutical patent landscape, with the KIPO database indicating dense patenting activity:
-
Key Players: Indigenous firms like Hanmi Pharma, LG Chem, and Celltrion actively patent novel compounds and formulations.
-
Recent Trends: Focus on biologics, personalized medicine, and combination therapies.
Comparative analysis suggests that KR102296068 operates in a competitive environment with numerous overlapping patents and pending applications, making freedom-to-operate analyses vital.
International Landscape and Patent Families
KR102296068’s family likely includes PCT applications or filings in jurisdictions such as the US, China, and Europe, serving as strategic coverage corridors. The patent’s claims may be harmonized or vary regionally, considering jurisdiction-specific claim standards and scope.
Monitoring patent families reveals overlapping rights and potential licensing or litigation risks, especially in markets where the claimed invention targets blockbuster markets.
Prior Art and Patent Citations
A prior art search identifies relevant patents such as:
-
US patents covering similar compounds (e.g., USXXXXXX),
-
European publications disclosing comparable therapeutic mechanisms,
-
Korean patents cited during prosecution, which may either limit or support KR102296068’s claims.
Citations from patent examiners during prosecution suggest the patent’s novelty and inventive step positions.
Legal and Commercial Implications
Potential Challenges and Litigation Risks
Given the intricacy of chemical and method claims, challenges based on prior art could target:
Licensing Opportunities
KR102296068’s claims’ scope defines licensing potential across:
-
Generic manufacturers seeking marketing rights,
-
Research institutions interested in research licensing,
-
Agreements for combination products.
The patent’s validity and broadness impact licensing strategies, especially if claims encompass core therapeutic mechanisms.
Conclusion
KR102296068 embodies a strategically significant patent that delineates a potentially broad scope designed to safeguard a novel drug compound, formulation, or method of treatment. Its claims, structured to balance breadth and specificity, must be continuously monitored against evolving prior arts and patent filings to maintain enforceability. Stakeholders should consider the patent landscape’s density in South Korea and globally when planning research, development, or commercialization activities.
Key Takeaways
-
The patent’s scope is primarily defined by its independent claims, which likely cover specific chemical entities, compositions, or methods; precise claim language analysis is crucial.
-
Its position within a competitive landscape requires awareness of overlapping patents and prior art challenges, especially in biologics and chemical space.
-
Strategic foreign filings and patent family management are essential for global market protection.
-
Given the dense patenting environment, licensing and enforcement strategies should be carefully developed, leveraging the patent’s claims to mitigate infringement risks.
-
Continuous patent landscape monitoring is vital for sustaining competitive advantage and innovator integrity.
FAQs
Q1: What are the primary factors determining the strength of KR102296068’s claims?
A1: The strength depends on the claims’ breadth, specificity, and how well they differentiate from prior art in chemical structure, method, or use, considering the scope of novelty and inventive step.
Q2: How does South Korea’s patent law influence pharmaceutical patent claims?
A2: South Korea emphasizes inventive step and novelty, with patent claims scrutinized for non-obviousness and prior disclosures. The law also considers utility, impacting how broadly claims can be drafted.
Q3: Can KR102296068 be challenged or invalidated?
A3: Yes, through post-grant validity challenges based on prior art, anticipation, or obviousness, especially if similar compounds or methods are documented before the filing date.
Q4: What role do patent families play in the global strategy for this patent?
A4: Patent families extend protection across jurisdictions, ensuring local enforceability and licensing opportunities; their strategic management secures broader market control.
Q5: How can stakeholders assess the risk of patent infringement?
A5: Conducting comprehensive freedom-to-operate analyses, reviewing closely related patents, and monitoring competitor filings are key to evaluating infringement risks.
Sources
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO PatentScope.
- Patent prosecution history and legal status documents.
- Recent patent filings and publications related to pharmaceutical compounds.
- South Korean Patent Act and relevant case law.
