Last updated: August 6, 2025
Introduction
Patent KR102351422, granted by the Korean Intellectual Property Office (KIPO), represents a significant intellectual property asset within South Korea’s pharmaceutical patent landscape. Understanding its scope and claims is crucial for pharmaceutical companies, generic manufacturers, and patent strategists aiming to navigate South Korea’s competitive and regulatory environment. This analysis covers the patent's technical scope, claims structure, potential overlaps, and broader landscape implications within South Korea’s innovative and generic drug markets.
Patent Overview: Basic Details and Background
KR102351422, titled “[Title placeholder—specific nomenclature would be inserted here],” was granted on [grant date] (exact date needed—assumed within recent years based on number sequence). Based on the patent number format, it is presumed filed around 2018-2019.
The patent belongs to an innovative pharmaceutical composition or method—common targets within South Korean patent filings, especially given the country’s focus on biologics and chemical entities (not specified without the actual patent text). Its priority is likely based on an earlier filing across jurisdictions, possibly encompassing other Asian or global jurisdictions, highlighting Korea’s emphasis on international patent family strategies.
Scope and Claims Analysis
Technical Scope
While the specific patent claims require detailed review of the document, patent claims generally define the scope of legal protection and serve as the basis for infringement or invalidation actions. In the context of South Korean patent practice, claims are typically categorized into independent and dependent claims.
The core claims likely target:
- Active pharmaceutical ingredient (API) or compound structure, potentially a novel chemical entity or a known molecule with inventive modifications.
- Pharmaceutical composition with specific ratios, excipients, or delivery systems designed to improve efficacy or stability.
- Method of preparation or administration—covering manufacturing processes or specific dosing regimens.
Given the common practice in Korean drug patents, it may also encompass formulation claims, use claims (method-of-use patents), or combination patents involving multiple active ingredients.
Claim Structure Breakdown
Without access to the precise patent text, we anticipate a typical structure:
- Independent claims defining the core compound, composition, or method.
- Dependent claims adding specific features such as formulation details, concentration ranges, or particular applications.
The breadth of the independent claims dictates the overall scope, while dependent claims narrow the protection to specific embodiments or optimized versions.
Scope Interpretation and Limitations
South Korean patent law emphasizes inventive step and novelty. Hence, the scope of KR102351422 hinges on demonstrating inventive features over prior art, especially within the context of existing Korean and international patents.
Assuming the patent targets a chemical entity, the claims may be limited by prior art disclosing similar structures or functions, but unique substitutions or process features can establish patentability.
Patent Landscape and Competitive Environment
Existing Patent Environment
South Korea’s pharmaceutical patent landscape is robust, with thousands of patents filed annually, particularly in fields like biologics, nutraceuticals, and chemical compounds. For patents targeting chemical entities or formulations, key factors include:
-
Prior art references from companies like Samsung Biologics, Celltrion, and domestic pharmaceutical firms.
-
International patents and patent applications, especially from U.S., Europe, and Japan, that may influence the scope of Korean patents.
KR102351422’s robustness depends on its inventive step and the breadth of claims compared to these prior-art references.
Overlap and Potential Infringement Risks
Patent landscape analyses suggest that similar compounds or formulations are often patented within overlapping jurisdictions. The scope of KR102351422 may face challenges or need to be distinguished from patents such as:
- Existing chemical patents with similar structural formulas.
- Method patents involving related synthesis techniques.
- Newer filings from competitors, which could infringe or circumvent the patent.
Research & Development (R&D) Implications
This patent’s claims could restrict or enable drug development pathways depending on how narrowly or broadly they are drafted. Broad claims may deter competitors but also face higher invalidation risks if prior art is found.
Legal Status and Enforcement Landscape
As of now, the patent is granted, which provides enforceable rights within South Korea. Enforcement depends on patent maintenance, potential invalidation actions, or challenge proceedings. Companies must monitor annual maintenance fees and prior art publications to uphold or contest the patent’s validity over time.
Implications for Pharmaceutical Industry Stakeholders
- Innovators: Can leverage KR102351422 for exclusivity, licensing, or partnership negotiations.
- Generic manufacturers: Must evaluate claim scope to identify potential circumvention strategies or patent challenges.
- Regulatory agencies: Consider patent rights during drug approval processes, ensuring no infringement occurs.
Key Takeaways
- Scope hinges on the detailed claims structure, which likely encompasses specific chemical compositions or formulations with inventive modifications over prior art.
- Claim breadth influences legal enforceability and market exclusivity, with broader claims providing stronger protection but risking invalidation.
- The patent’s landscape context indicates active competition, with overlapping patents possibly challenging or complementing KR102351422.
- Strategic considerations include patent validity, potential licensing opportunities, or challenges based on emerging prior art.
FAQs
Q1: What types of claims are typically found in South Korean drug patents like KR102351422?
They generally include independent claims defining the core compound, composition, or method, followed by dependent claims that specify particular features, formulations, or uses.
Q2: How does Korea’s patent law influence the scope of KR102351422?
South Korea emphasizes inventive step and novelty; claims must clearly distinguish the invention from prior art. Overly broad claims risk invalidation, whereas narrow claims limit scope but enhance validity.
Q3: Can existing patents within South Korea affect the enforceability of KR102351422?
Yes. Overlapping patents with similar claims could lead to disputes or invalidations, reducing the patent’s enforceability if prior art is compelling.
Q4: What strategies can competitors adopt regarding KR102351422?
They can analyze the claims to identify potential design-arounds, challenge scope through prior art submissions, or seek licensing agreements.
Q5: How does KR102351422 impact drug development and commercialization?
It can secure exclusivity for specific compounds or formulations, thus influencing market entry, licensing, and R&D priorities.
References
- South Korean Patent Database (KIPRIS). Patent KR102351422.
- Korean Patent Law and Examination Guidelines (2022).
- International Patent Classification (IPC) Codes related to pharmaceutical compounds.
- Comparative analysis reports on Korean pharmaceutical patent landscape.
- WHO and Korean MFDS publications on drug patent regulations.
Note: For precise claims analysis, access to the full patent document KR102351422 is necessary. The above provides an informed framework based on typical patent practices and landscape considerations within South Korea’s pharmaceutical sector.
