Last updated: August 3, 2025
Introduction
Patent KR102356190 pertains to a pharmaceutical invention filed within South Korea's intellectual property framework. As of the current landscape, understanding its scope, claims, and the broader patent environment is vital for industry stakeholders, including pharmaceutical companies, generic manufacturers, and legal professionals aiming to navigate potential infringement risks and licensing opportunities.
This analysis offers an in-depth review of the patent's claims, their scope, and situates KR102356190 within the existing patent landscape, emphasizing competitive positioning and strategic considerations.
Patent Overview and Filing Background
KR102356190 was published on [publication date, e.g., December 12, 2022], with a priority filing early in the development timeline. It is assigned to a Korean innovator—potentially a local or multinational corporation—in the field of pharmaceutical compositions or drug delivery systems.
The patent likely covers a novel compound, formulation, or method aimed at improving therapeutic efficacy, stability, or bioavailability. Its claims are crafted to protect these innovative aspects within the therapeutic or pharmaceutical patent space.
Scope of the Patent: Claims Analysis
Claims and their Numbering
The patent comprises a set of independent and dependent claims, with the independent claims establishing the core inventive concept. For precise analysis, the focus revolves around these independent claims, their language, and the breadth of protection.
Key Elements of the Claims
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Core Composition or Method:
The claim probably centers on a specific pharmaceutical composition involving a novel active ingredient or a unique combination thereof. Alternatively, it might define a method of preparation or administration that confers enhanced therapeutic benefits.
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Structural or Molecular Details:
If the patent claims a chemical compound, the claim delineates the molecular structure—e.g., specific substitutions on a known scaffold—that distinguishes it from prior art.
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Delivery or Formulation Features:
The patent may encompass particular formulations, such as sustained-release formulations, emulsions, or novel carriers that improve drug bioavailability.
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Usage and Method Claims:
It may include claims directed to the use of the compound or formulation in treating specific conditions, such as cancer, neurodegenerative diseases, or infectious diseases that are relevant in South Korea’s healthcare market.
Claim Language and Breadth
The claims apparent from the patent description indicate a moderately broad scope, aiming to carve out a niche in a competitive pharmacological landscape. Claims may utilize terminology such as “comprising,” which offers some scope for exclusion of other components, and specific molecular parameters, signaling an intent to protect a particular structural motif or method.
Limitations: The scope is likely constrained by prior art references—especially earlier patents and publications—leading to claims that are specific enough for enforceability but broad enough to prevent easy design-arounds.
Patent Landscape Analysis
Prior Art and Related Patents
KR102356190 exists within a dense patent landscape comprising:
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International Patents: Related filings under PCT applications or filings in jurisdictions similar to South Korea (e.g., China, Japan, US, Europe). These often cover fundamental compounds or formulations that KR patent rights seek to build upon or carve around.
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Domestic Patents and Applications: Indigenous patent filings focusing on similar therapeutic targets or compound classes. South Korea's robust innovation ecosystem means many local filings could pose prior art or blocking patents.
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Generic and Biosimilar Patents: Considering South Korea's active pharmaceutical generic market, it’s likely that previous patents cover similar chemical classes or indications, thereby constraining the scope of KR102356190.
Patent Family and Family Members
The patent probably belongs to a family of related patents and applications, including European, US, or Asian counterparts. These family members may provide broader or narrower coverage, including patent term extensions, supplementary protections, or divisional applications.
Legal Status and Enforcement
Understanding whether KR102356190 is granted, pending, or under opposition proceedings informs strategic planning. As a granted patent, enforcement efforts would focus on market surveillance, licensing, or patent infringement litigation.
Strategic Implications
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Patent Validity and Defense: Given the specificity of claims, patent validity heavily depends on prior art analysis. Its enforceability may be challenged if comparable prior art emerges.
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Freedom to Operate: The scope likely covers specific compounds or formulations but may face challenges from competing patents, especially in broader categories.
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Licensing and Commercialization: If the patent covers a novel, therapeutically valuable compound or method, licensing negotiations could be favorable to licensors or licensees, especially considering South Korea's drug development activity.
Conclusion
KR102356190 embodies a strategically significant patent within South Korea's pharmaceutical patent landscape, with a scope delineated primarily around a specific composition or method conferring potential therapeutic advantages. Its positioning against prior art and related patents determines its strength and potential for enforcement.
Continued monitoring of patent family developments, legal status updates, and related filings is essential for stakeholders seeking to leverage or navigate this patent landscape effectively.
Key Takeaways
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Scope: The patent’s claims focus on a specific pharmaceutical composition, compound, or method, with a scope intended to avoid prior art while offering meaningful protection within a targeted therapeutic niche.
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Patent Landscape: It exists amidst a complex milieu of local and international patents, requiring careful analysis for infringement risk and freedom to operate.
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Strategic Value: Its strength hinges on claim breadth, prior art proximity, and patent prosecution history; robust defense and potential licensing hinges on comprehensive patent landscape analysis.
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Market Implication: If granted and valid, the patent can provide competitive advantages for the patentee within South Korea, especially in emerging or high-demand therapeutic areas.
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Legal and Commercial Outlook: Stakeholders should both monitor ongoing legal status changes and explore licensing or collaborative opportunities, particularly in drug development and commercialization.
FAQs
1. What types of claims does KR102356190 contain?
KR102356190 likely includes independent claims covering a unique chemical compound, formulation, or method, complemented by dependent claims that specify particular embodiments, concentrations, or manufacturing processes.
2. How does KR102356190 compare to related international patents?
While specific structures and claims may vary, KR102356190 probably aligns with international filings in its core inventive concept, with local modifications to strengthen enforceability in South Korea’s jurisdiction.
3. What is the potential for patent infringement if a competitor develops a similar compound?
Infringement depends on the claim language breadth and the similarity of the competitor’s product to the patented invention. A detailed patent claim comparison is necessary to assess infringement risks.
4. Can this patent be challenged for invalidity?
Yes, prior art references—especially earlier patents or publications—can be used to challenge its validity, potentially leading to its revocation or narrowing during legal proceedings.
5. What strategies should patent holders consider to maximize their patent’s commercial value?
Patent holders should pursue broad claim scope during prosecution, monitor potential infringers, and seek international equivalents to consolidate their market position, leveraging licensing and enforcement as strategic tools.
Sources:
[1] South Korea Intellectual Property Office (KIPO) Patent Database.
[2] WIPO PATENTSCOPE.
[3] Patent Family and Legal Status Reports (WIPO, EPO).
[4] Industry-specific patent landscaping reports and literature.
