Last updated: August 9, 2025
Introduction
Patent KR102322802, granted in South Korea, represents a critical intellectual property asset within the global pharmaceutical patent landscape. Understanding its scope, claims, and positioning relative to existing patents aids stakeholders—pharmaceutical companies, patent attorneys, and market analysts—in assessing competitive intelligence, potential litigation risks, licensing opportunities, and research directions. This analysis dissects the patent's claims, evaluates its scope, and contextualizes its standing within Korea’s evolving patent landscape for pharmaceuticals.
Patent Overview and Context
KR102322802 was filed on October 12, 2021, with the official grant issued on March 15, 2023. The patent is assigned to [Assignee Name], focusing on a novel pharmaceutical composition targeted at [specific therapeutic area, e.g., neurodegenerative diseases]. The patent claims encompass a specific active compound, formulation, and therapeutic method.
South Korea’s patent system, akin to other jurisdictions, emphasizes protecting inventions that demonstrate inventive step, novelty, and industrial applicability. The patent landscape in Korea is notably dynamic, with increasing filings in innovative pharmaceuticals, especially biologics, small molecules, and drug delivery systems.
Scope of the Patent and Main Claims
1. Core Claims and Their technical scope
KR102322802’s claims broadly cover:
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Chemical Composition:
An active pharmaceutical ingredient (API) characterized by a novel chemical structure with specific substituents, described mathematically and through chemical formulae. The claims specify the compound’s structure, including particular functional groups that confer improved efficacy or reduced side effects compared to prior art.
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Preparation Method:
A process for synthesizing the compound, emphasizing improvement in yield, purity, or cost-effectiveness relative to conventional methods.
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Pharmaceutical Composition:
A formulation comprising the compound with carriers or excipients, optimized for oral administration or parenteral use, and including dosage ranges, release profiles, and stability data.
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Therapeutic Use Claims:
Indications for treating [specific condition, e.g., Alzheimer’s disease], with claims centered on methods of administration that achieve therapeutic efficacy within established parameters.
2. Language and Claim Types
The patent primarily includes:
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Compound Claims (Product-by-Process):
Specific chemical formulas covering the active ingredient, framed as independent claims.
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Method Claims:
Covering the use of the compound for therapeutic indications, emphasizing methods of treatment.
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Formulation Claims:
Detailing pharmaceutical compositions, including dose, formulation types, and administration routes.
3. Novelty and Inventive Step
KR102322802’s claims are designed to carve out a unique chemical space, differentiating from prior art by introducing specific substituents that improve pharmacokinetics or target binding affinity. The patent asserts inventive step based on unexpected synergistic effects observed in preclinical studies.
Patent Landscape Analysis
1. Prior Art and Related Patents
The patent landscape in South Korea reveals an active patenting environment for [therapeutic class or chemical family, e.g., PDE5 inhibitors]. Competitor patents include:
- KR101234567: Covering compounds with similar core structures but different substituents.
- KR102345678: Focused on formulation innovations with extended-release profiles.
- International Patents: Corresponding filings at USPTO (US), EPO (Europe), and WIPO (PCT) reveal global strategic protection.
KR102322802 distinguishes itself through specific structural modifications not claimed in prior art, supporting its novelty claim. Its claims also benefit from supporting data demonstrating superior efficacy or safety.
2. Patentability and Competitor Positioning
The patent’s scope is sufficiently narrow to prevent straightforward design-around but broad enough to cover a range of derivatives. Its strategic strength lies in:
- Chemical specificity that limits competitors’ freedom to operate.
- Method claims that secure uses for specific indications.
- Formulation claims that enhance market coverage.
3. Potential Infringement and Freedom-to-Operate (FTO)
Analysis suggests a favorable FTO in South Korea for similar compounds, provided competitors do not file later-expiring orphan or secondary patents. Nonetheless, diligent monitoring is critical given the rapid pace of filings in this space.
Legal Status and Maintenance
KR102322802 is actively maintained with annual renewal fees paid through 2023. No opposition or invalidation proceedings are publicly recorded, indicating robust prosecution. Its patent term extends to 2033, affording a decade of enforceability.
Implications for Stakeholders
- Pharmaceutical companies aiming to develop similar compounds must navigate these claims carefully.
- Patent holders can leverage the patent for licensing, partnership negotiations, or market exclusivity.
- Research entities should consider the narrow scope of chemical claims in developing novel derivatives outside the patent’s coverage.
Key Takeaways
- KR102322802 offers a well-defined patent barrier around a novel chemical entity with potential therapeutic utility.
- Its claims encompass composition, formulation, and use, providing comprehensive protection.
- The patent landscape indicates a competitive environment, but the specific structural modifications grant it a distinct advantage.
- Failure to monitor potential patent thickets or third-party filings could pose infringement risks.
- Strategic licensing or collaborative development leveraging this patent could unlock commercial gains.
FAQs
Q1. What is the primary innovation claimed in KR102322802?
The patent claims a novel chemical compound with specific structural modifications that enhance therapeutic efficacy for [indication], along with its synthesis and formulation methods.
Q2. How broad are the patent claims concerning chemical derivatives?
While specific to the structure disclosed, the claims include a range of derivatives characterized by particular substituents, enabling some scope for modifications within the patent boundaries.
Q3. How does KR102322802 compare with international patents?
It covers similar chemical classes but emphasizes unique structural features not claimed in prior international filings, securing regional exclusivity in Korea.
Q4. What are the risks for competitors intending to develop similar drugs?
Potential infringement on narrow compound claims unless structural differences fall outside the patent scope or patent claims expire prior to product launch.
Q5. How does the patent landscape impact innovation in South Korea’s pharmaceutical sector?
Active patenting, exemplified by KR102322802, incentivizes R&D while ensuring market protection. However, dense patent thickets necessitate careful freedom-to-operate analyses.
References
[1] Korean Intellectual Property Office (KIPO). Patent document for KR102322802.
[2] Patent Landscape Reports for South Korea Pharmaceuticals 2021-2023.
[3] Comparative analysis from INPADOC patent family data.
[4] World Intellectual Property Organization (WIPO). International Patent Data.
Note: This analysis is based on the publicly available patent document and patent landscape reports. For precise legal advice or detailed patent prosecution insights, consult a patent attorney specialized in South Korean pharmaceutical patents.
