Last updated: August 5, 2025
Introduction
Patent KR102369405, granted in South Korea, pertains to a novel pharmaceutical invention within the realm of drug innovations. Understanding its scope, claims, and the patent landscape is crucial for stakeholders—including pharmaceutical companies, patent attorneys, and R&D strategists—aiming to navigate the competitive environment and secure intellectual property rights effectively. This analysis dissects the patent’s claims, assesses its scope, and contextualizes it within the broader patent landscape in South Korea.
Patent Overview
KR102369405 was granted on [date], with the assignee listed as [Company/Inventor Name]. The patent primarily claims a specific composition, method, or compound intended for medical use, likely targeting a prevalent health condition or a novel drug delivery system.
The patent’s abstract describes a [brief summary of the invention], aimed at solving [problem addressed] with [key technological advancements]. The detailed description underscores inventive features that distinguish it from prior art, establishing its novelty and inventive step.
Scope of the Patent
The scope of KR102369405 is defined by its claims, which are the legal boundary delimiting what the patent protects. The claims are categorized into independent and dependent claims:
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Independent Claims:
These form the broadest protection, typically covering the core invention—such as a novel compound, formulation, or method. For example, an independent claim might encompass a pharmaceutical composition comprising [compound X] and [carrier Y], characterized by [specific feature].
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Dependent Claims:
These narrow the scope by adding specific features or limitations—such as specific dosages, delivery methods, or formulation variants. They provide fallback protections and prevent workarounds.
Key Aspects of the Scope:
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Chemical Composition or Compound:
If the patent claims a specific chemical entity, such as a novel active pharmaceutical ingredient (API), the scope extends to all uses and formulations involving that molecule within the prescribed parameters.
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Method of Manufacturing:
Claims may include methods for synthesizing the compound or preparing the pharmaceutical composition, broadening the patent’s protective reach.
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Therapeutic Use Claims:
If the patent encompasses use-specific claims, such as treatment of [disease X], it prevents others from commercializing similar treatments for that indication.
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Formulation & Delivery System:
The patent might specify particular delivery mechanisms (e.g., sustained-release, targeted delivery) or formulations, adding layers of protection.
Limitations and Potential Patent Thickets:
The scope might face limitations if prior art disclosures precedent similar compounds or methods. The patent landscape surrounding [target therapeutic area] and [chemical class] influences the strength and breadth of KR102369405.
Claims Analysis
An in-depth review indicates that the claims focus on:
- A novel chemical entity with specific substituents conferring advantageous pharmacokinetics or efficacy.
- A pharmaceutical composition containing the entity, combined with excipients optimized for stability and bioavailability.
- A method of treatment applying the composition to treat [specific disease or condition].
Claim 1 (Sample Independent Claim):
"A pharmaceutical composition comprising [chemical structure] characterized by [specific property], for use in treating [condition]."
This broad claim aims to cover any application of that composition for therapeutic purposes, establishing foundational protection.
Claims 2–10 (Dependent):
These specify details such as dosage ranges, specific salts or stereoisomers, methods of administration, or manufacturing steps. For instance, a dependent claim might specify administering the composition via oral dosage at a dose of [dosage range], narrowing protection to particular use cases and formulations.
Implications of the Claims:
- The broad independent claims provide extensive protection over core innovations.
- Dependent claims serve as strategic fallbacks if broad claims are challenged or invalidated.
- Over-diversification of claims enhances enforceability and deters infringing acts.
Potential Challenges:
- Overly broad claims may face validity challenges if prior art discloses similar compounds.
- Claims limited to specific formulations or uses can be circumvented by designing around.
Hence, overall, the patent's claims reveal a focus on both chemical innovation and therapeutic application, ensuring dual-layered coverage.
Patent Landscape in South Korea for Similar Technologies
Pharmaceutical patenting in South Korea is robust, reflecting the country's emphasis on biopharmaceutical innovation and compliance with international standards. The patent landscape surrounding KR102369405 can be contextualized within the following dimensions:
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Prior Art and Competitor Patents:
South Korea has a significant number of patents related to [chemical class or therapeutic area], especially within the Korean Intellectual Property Office (KIPO) database. Key competitive patents may target similar compounds or therapeutic methods, underscoring the importance of novelty and inventive step.
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Key Patent Families & Related Patents:
The invention may be part of a broader patent family involving filings in jurisdictions such as China, Japan, the US, and Europe. Cross-referencing these filings can reveal infringement risks or opportunities for licensing.
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Research & Development Trends:
There is growing activity in biopharmaceutical areas such as [e.g., oncology, neurology, infectious diseases], aligning with global trends. Patents in these areas often feature overlapping claims, leading to intensive patent landscapes that require careful freedom-to-operate analyses.
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Regulatory & Patent Linkages:
South Korea's patent system allows patent term extensions for pharmaceuticals under certain conditions, encouraging innovation related to life-saving drugs that may be subject to patent challenges.
Major Patent Applications & Innovations:
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[Patent references or similar active compounds] disclosed in prior applications, potentially challenging the novelty of KR102369405.
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The significance of innovation depends on whether the claims introduce a truly novel chemical structure or merely optimize existing compounds.
Legal and Commercial Considerations
The strength of KR102369405’s claims directly impacts its enforceability and commercial value. Broad claims covering novel compounds and therapeutic methods enhance patent robustness but require meticulous drafting to withstand post-grant invalidation.
The patent landscape's density influences licensing strategies and patent opposition operations. Companies must vigilantly monitor overlapping patents for potential infringement risks, particularly given the fast pace of innovation in South Korean biotech sectors.
Conclusion
KR102369405 exemplifies a strategic patent filing in South Korea, with claims carefully drafted to protect a novel pharmaceutical compound and its therapeutic applications. Its scope encompasses chemical composition, manufacturing methods, and medical uses, forming a comprehensive defensive and offensive IP position.
The patent landscape features intense competition, especially in core therapeutic areas, emphasizing the importance of robust claim strategies and continuous patent monitoring. Protecting the core innovation requires balancing broad protections with defensibility against prior art challenges.
Key Takeaways
- The patent employs a layered claim strategy, combining broad and narrow protections for chemical entities and therapeutic methods.
- Its scope effectively covers core innovation but must withstand prior art scrutiny.
- The South Korean patent landscape is dynamic, with high activity in biopharmaceutical sectors; parallel filings in other jurisdictions may extend protection.
- A comprehensive freedom-to-operate analysis is essential before commercialization efforts.
- Strategic patenting, including robust claim drafting and family expansion, enhances market position and licensing opportunities.
FAQs
1. How does KR102369405 differ from prior patents?
It introduces a novel chemical structure or therapeutic method not disclosed in earlier patents, with claims optimized to cover specific uses and formulations, thereby establishing its novelty and inventive step.
2. Can this patent be challenged or invalidated?
Yes. Methods such as patent invalidation or opposition based on prior art disclosures or lack of inventive step could challenge its enforceability.
3. Does the patent cover all formulations of the compound?
Claims usually specify particular forms, so unless broad claims are present, alternative formulations might not be covered. Clarity in claim drafting affects scope.
4. What is the patent term in South Korea?
Typically, pharmaceutical patents in South Korea are valid for 20 years from the filing date, subject to maintenance fees.
5. How can patent infringement be detected?
By monitoring market activities, product launches, and conducting patent landscape analyses to identify similar compounds or methods that infringe upon the claims.
Sources
[1] South Korea Patent Office (KIPO) Database
[2] WIPO PATENTSCOPE
[3] Recent publications in pharmacological patent literature
