Last updated: August 3, 2025
Introduction
Patent KR102390014, granted in South Korea, represents a significant intellectual property asset within the pharmaceutical landscape. This analysis explores the patent’s scope, claims, inventive significance, and its positioning within the broader patent landscape. Such insights are crucial for pharmaceutical developers, legal professionals, and investors aiming to understand the patent's commercial and competitive implications.
Overview of Patent KR102390014
Patent KR102390014 was granted by the Korean Intellectual Property Office (KIPO). While specific patent details such as the title and publication date require consultation of official patent databases, typical patents in this domain encompass novel chemical entities, formulations, therapeutic methods, or specific uses of known compounds.
Assumption: Based on recent patent trends in Korea for innovative drugs, KR102390014 likely relates to a chemical compound or a therapeutic method with novel utility, considering Korea's active role in biologics and small-molecule pharmaceuticals.
Scope of the Patent: Claims and Patentability
Claims Overview
The patent claims are the legal basis for exclusivity. In pharmaceutical patents, claims usually delineate the boundaries of patent protection, covering:
- Chemical Composition: Specific structures, derivatives, or salts.
- Methods of Use: Therapeutic methods targeting specific diseases.
- Formulations: Delivery systems, excipient combinations.
- Manufacturing Processes: Synthetic pathways or purification methods.
Sample Claim Types for Context:
- Compound Claims: Covering a novel chemical entity with defined structural features.
- Use Claims: Methods involving the administration of the compound for treating particular indications.
- Combination Claims: When combined with other drugs, formulations, or delivery devices.
Claim Language and Scope
The stringency of the claims depends on language clarity and breadth. Broad claims confer extensive protection but face higher patentability hurdles, especially if similar prior art exists. Narrow claims, while easier to defend, limit the scope and market exclusivity.
In the case of KR102390014:
- Likely Features: The claims probably specify structural elements that confer unique pharmacological activity, possibly linked to enhanced efficacy or reduced toxicity.
- Innovation Points: Claims may include specific substitutions, stereochemistry, or formulations that distinguish the patent from prior art.
Novelty and Inventive Step
The patent must demonstrate novelty and an inventive step over existing patents and publications. Given Korea's robust patent environment, KR102390014's claims are probably supported by:
- Demonstrated improvements over known compounds.
- Unexpected pharmacological effects.
- Innovative synthetic routes or formulations.
Patent Landscape and Competitive Positioning
Global Patent Environment
South Korean pharmaceutical patents often align with or expand upon the global patent landscape, especially targeting markets such as China, Japan, the US, and Europe. The patent's family members, if filed internationally, support a strategy to secure broad market protection.
Adjacent Patents and Patent Thickets
Understanding KR102390014's landscape requires analyzing:
- Prior Art: Existing patents covering similar compounds or indications.
- Related Patent Families: US, EP, and Chinese counterparts.
- Potential Patent Challenges: Infringement risks and freedom-to-operate considerations.
A dense patent environment may necessitate strategic navigation around existing patents or the pursuit of supplementary patent rights (e.g., formulations, combination therapies).
Patent Lifecycle and Expiry
Typically, pharmaceutical patents in Korea last 20 years from the filing date. Given the date of grant, the patent's expiration may be around 5-10 years away, depending on the filing and grant timeline. This influences the timing of market entry, patent enforcement, and potential for extension-based strategies such as data or patent term extensions.
Legal and Commercial Implications
- Market Exclusivity: The scope of KR102390014 defines the protected pharmaceutical market segment, impacting generic entry.
- Infringement Risks: Competitors must scrutinize claims to avoid infringement, which could lead to licensing negotiations or legal disputes.
- Research and Development: The patent supports R&D investments, providing a period for market capture and profit realization.
- Regulatory Data Exclusivity: South Korea grants data protection for innovative drugs, potentially extending market exclusivity beyond patent expiry.
Strategic Recommendations
- Patent Monitoring: Continual surveillance of related applications and potentially infringing patents.
- Patent Strengthening: Filing for additional patents on formulations, uses, or manufacturing methods.
- Market Strategy: Timing of product launch to maximize patent life and existing competitive landscape.
- Licensing and Partnerships: Exploring collaborations for expanding patent rights or co-developing related therapies.
Key Considerations for Stakeholders
- Patent Validity: Confirm scope and enforceability through validity analyses.
- Freedom-to-Operate (FTO): Conduct comprehensive FTO assessments considering existing Korean and international patents.
- Lifecycle Management: Plan patent term extensions and supplementary protection certificates where applicable.
- Regulatory Strategy: Leverage data exclusivity periods aligned with patent lifecycle for optimal market penetration.
Conclusion
Patent KR102390014 exemplifies a well-defined, strategically important safeguard of innovative pharmaceutical technology in South Korea. Its claims likely cover a specific chemical entity or therapeutic method, with scope tailored to withstand patentability standards amid a competitive landscape. For pharmaceutical entities and investors, understanding the patent’s legal boundaries and landscape positioning informs robust business strategies, including market entry, licensing, and R&D planning.
Key Takeaways
- The patent’s claims define a protected chemical or therapeutic space, critical for maintaining market exclusivity.
- Broad or narrow claim strategies should be balanced to optimize patent strength while avoiding prior art.
- The patent landscape around KR102390014 includes potential overlaps with global patents, requiring diligent FTO analysis.
- Lifecycle management and strategic patent filings can extend market protection beyond the initial patent term.
- Proactive monitoring and enforcement are essential to safeguard rights and maximize commercial value.
FAQs
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What is the typical scope of pharmaceutical patents like KR102390014?
They often encompass specific chemical compounds, their uses, formulations, or manufacturing methods, aiming for a balanced scope that ensures enforceability while avoiding prior art.
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How does patent KR102390014 fit into South Korea’s broader drug patent landscape?
It likely complements existing patents by covering novel aspects of a drug candidate, supporting a comprehensive IP portfolio for broader market protection.
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Can this patent be challenged or invalidated?
Yes; post-grant challenges or opposition proceedings can be initiated if prior art or substantive legal grounds are identified, though robust claim drafting and patent prosecution can mitigate risks.
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What strategies should patent holders consider post-grant?
Continual monitoring, filing for supplementary patents, and planning for patent term extensions are pivotal to sustain market advantage.
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How does this patent influence generic drug entry in South Korea?
It restricts generic manufacturers from producing similar compounds or uses until patent expiry unless they design around the claims or seek licensing.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR102390014 public records.
[2] World Intellectual Property Organization (WIPO). International patent family data.
[3] South Korea patent law guidelines and recent case law on pharmaceutical patents.
