Last updated: August 1, 2025
Introduction
Patent KR102350088 pertains to a novel pharmaceutical invention protected under South Korea’s patent law. Understanding the patent’s scope, claims, and the landscape involves a comprehensive review to evaluate its innovation profile, enforceability, and potential competitive positioning within the pharmacological sector. This analysis provides a detailed examination keyed towards business professionals, patent strategists, and R&D stakeholders.
Patent Overview and Context
Patent KR102350088 was filed to secure exclusive rights over a specific drug formulation, compound, or method of use—details that profoundly influence its legal strength and commercial value. South Korea’s patent system adheres to the Patent Act, with an emphasis on novelty, inventive step, and industrial applicability, correlating with harmonized international standards.
The patent's filing date, priority claims, and publication date are essential markers in establishing longevity and freedom-to-operate (FTO) considerations. Typically, such patents are published 18 months post-filing, with maintenance fees due periodically to retain enforceability.
Scope of the Patent
Scope refers to the breadth of the patent rights granted, defined predominantly by the claims. A broad patent offers extensive protection, potentially covering various compounds, formulations, or methods, while narrow claims delineate specific embodiments.
Types of Claims:
-
Product Claims: These define the chemical compound or pharmaceutical preparation outright. For example, if KR102350088 covers a specific molecular entity or derivatives, the scope encompasses all compositions containing the claimed compound.
-
Method Claims: Encompass therapeutic use, dosing techniques, or manufacturing processes involving the compound.
-
Formulation Claims: Cover specific delivery systems, such as sustained-release formulations or combination therapies.
Claim Analysis:
Without full claims text, typical patterns suggest the patent likely claims:
- A novel chemical compound with specific structural features.
- Use of this compound in a therapeutic method, potentially targeting a specific disease.
- A formulation containing the compound exhibiting enhanced pharmacokinetics or stability.
The scope's strength hinges on claim particularity:
- Independent claims often define the core invention, setting the breadth.
- Dependent claims narrow the scope, specifying particular embodiments or configurations.
Legal and Commercial Implications:
A well-drafted patent with broad claims effectively blocks competitors from entering the space. Conversely, overly narrow claims leave room for design-arounds, risking patent erosion.
Patent Landscape Analysis
1. Patent Family and Priority Data:
KR102350088 forms part of a potential global patent family, referencing priority applications possibly filed in WIPO/PCT or jurisdictions like the US, Europe, or China. The geographical coverage influences the competitive landscape.
2. Existing Patent Art and Similar Patents:
Competitive analysis identifies prior art that may challenge or support the patent’s validity. Similar patents in databases like KIPO’s PATOLAK or international databases reveal:
- Overlapping molecules or methods.
- Prior disclosures before the filing date.
- Co-pending patents from competitors or research institutions.
3. Innovation Density in the Field:
The patent landscape indicates whether this invention is part of a crowded field with multiple filings or a niche with sparse prior art. South Korea’s high patent activity in biotech and pharmaceuticals, notably from domestic firms like Samsung Biologics or global players, influences risk assessments.
4. Freedom to Operate (FTO):
Given the landscape, companies must evaluate whether KR102350088’s claims overlap with existing patents. Troll-like or blocking patents could pose infringement risks, especially if the claims are broad or if provisional rights are established.
5. Patent Term and Lifecycle Position:
Filed in recent years, the patent may expire in 20 years from the priority date, emphasizing the importance of commercializing before patent expiry. An ongoing patent family suggests maintenance and ongoing prosecution strategies.
Legal Status and Enforcement
The current legal status of KR102350088—whether granted, opposed, or under maintenance—is critical. South Korea’s KIPO system facilitates opposition procedures, allowing third parties to challenge the patent within 9 months of issuance.
Enforceability depends on:
- Validity affirmations through non-obviousness.
- Proper maintenance and payment of fees.
- Absence of prior art that invalidates claims.
Strategic Implications
- For Innovators: Narrow, specific claims reinforce defensibility but may limit licensing scope. Broad claims enhance market control but risk prior art rejections.
- For Competitors: Understanding claim boundaries and potential for design-arounds informs R&D directions.
- For Licensees and Investors: Patent strength and landscape influence valuation and partnership decisions.
Conclusion
Patent KR102350088 embodies a strategically significant intellectual property asset within the South Korean pharmaceutical landscape. Its scope likely centers around a novel drug compound or method, with the potential for broad or narrow protection based on claim drafting. The surrounding patent landscape reveals a competitive environment requiring meticulous FTO analysis and proactive litigation or licensing strategies.
Key Takeaways
- Claim Precision Is Critical: The strength of KR102350088 hinges on clearly defined independent claims and their scope relative to prior art.
- Thorough Landscape Analysis Is Essential: Competitors must analyze existing patents to identify design-around opportunities or potential infringement risks.
- Early Legal Status Assessment Is Necessary: Ongoing monitoring of patent maintenance and possible oppositions ensures strategic preparedness.
- Global Patent Strategies Enhance Market Positioning: Extending protection through international filings fortifies exclusivity.
- Renewed Focus on Innovation and Patent Drafting: Precise claim language and comprehensive supporting disclosures maximize enforceability.
FAQs
1. What is the significance of the claims in KR102350088?
Claims delineate the legal scope of the patent. Broader claims can inhibit competitors across multiple compounds or methods, while narrower claims provide targeted protection.
2. How does the patent landscape affect the enforceability of KR102350088?
A crowded patent domain with overlapping patents may create validity challenges or infringement risks. A clear understanding assists in proactive enforcement or licensing.
3. Can the patent be challenged after granting?
Yes, through opposition procedures within designated periods (e.g., 9 months in Korea), or via invalidation proceedings if prior art emerges post-grant.
4. How does international patent coverage impact commercialization?
Securing patents in key markets maximizes leveraging exclusivity, reduces risk of infringement, and enhances valuation in global collaborations.
5. What steps should a company take when developing a drug similar to the one protected by KR102350088?
Conduct comprehensive patent clearance searches, analyze claim scope, consider design-around strategies, and, if necessary, seek licensing agreements or develop novel formulations to avoid infringement.
Sources:
[1] South Korea Patent Office (KIPO) Official Database.
[2] WIPO Patent Landscape Reports.
[3] South Korean Patent Act and Regulations.
[4] Industry reports on pharmaceutical patent trends in South Korea.
