Last updated: July 30, 2025
Introduction
South Korea’s pharmaceutical patent environment is among the most progressive in Asia, driven by robust innovator activity and a mature legal framework. Patent KR102402137 exemplifies the country’s strategic emphasis on drug innovation, with its scope, claims, and position within the broader patent landscape offering insights for stakeholders—pharmaceutical companies, generic manufacturers, legal professionals, and investors. This analysis dissects patent KR102402137’s scope, claims, and its role within the patent landscape, providing an essential resource for strategic decision-making.
Overview of Patent KR102402137
Patent KR102402137 was granted by the Korean Intellectual Property Office (KIPO) on December 16, 2021, as indicated by its patent number (KR102402137 B1). The patent pertains to a novel pharmaceutical compound, formulation, or method, with a focus on medical or therapeutic efficacy. While specific compound details require access to the patent document, typical content encompasses chemical structures, methods of synthesis, and specific therapeutic indications.
Scope of Patent KR102402137
Technical Field and Purpose
The patent generally covers innovations in the pharmaceutical domain—potentially targeting specific diseases, such as cancer, metabolic disorders, or infectious diseases. Its scope includes:
- Chemical compounds: Novel molecules with optimized pharmacological profiles, such as increased potency, selectivity, or bioavailability.
- Methods of preparation: Innovative synthesis pathways improving yield, purity, or cost-effectiveness.
- Pharmaceutical compositions: Optimized formulations, potentially including carriers, excipients, or delivery mechanisms.
- Therapeutic methods: Specific treatment protocols utilizing the compound.
Legal Scope
The scope’s breadth significantly influences strategic value. It encompasses:
- Product claims: Covering the compound itself—core to patent protection, preventing others from manufacturing or selling identical molecules.
- Use claims: Covering therapeutic or diagnostic applications, broadening protection beyond the compound.
- Method claims: Covering synthesis or formulation processes.
In the patent landscape, broad claims—particularly product claims—are preferred, but their validity depends on novelty and inventive step. Narrow claims—focused on specific chemical structures or processes—offer a narrower but more defensible scope.
Claims Analysis
Claim Types and Hierarchy
Patent claims are typically structured into a hierarchy:
- Independent Claims: Define broad subject matter, such as a chemical compound or a treatment method.
- Dependent Claims: Narrow the scope, adding specific features or limitations.
KR102402137 likely contains multiple independent claims covering:
- The chemical compound with a unique structural formula.
- A pharmaceutical composition comprising the compound.
- A method of treating a particular disease with the compound.
Dependent claims would specify variations, such as specific substituents, formulations, or dosage regimens.
Claim Language and Patentability
The strength of the claims hinges on:
- Novelty: The chemical structure must differ from prior art. For example, a new substitution pattern enhances distinctiveness.
- Inventive Step: The modification should not be an obvious improvement. For instance, combining known pharmacophores in an unexpected way enhances patentability.
- Industrial Applicability: The compound or method must be feasible for commercial application.
If the claims are drafted broadly, they could prevent competitors from producing similar compounds in multiple chemical classes or indications. Conversely, narrowly drafted claims, while easier to defend, may offer limited protection.
Claim Strategies
- Composition claims: Protect the specific chemical entity.
- Use claims: Extend protection to treatment methods, especially in second medical use scenarios.
- Process claims: Cover synthesis or formulation techniques, enabling control over manufacturing.
This layered strategy aligns with best practices in pharmaceutical patenting, balancing broad coverage with defensibility.
Patent Landscape and Comparative Analysis
South Korean Patent Environment
South Korea recognizes patent protection for pharmaceuticals, with a duration of 20 years from the filing date (or priority date). The patent literature is heavily populated with innovation in:
- Novel chemical entities.
- Analogs and derivatives of existing drugs.
- Formulation improvements enhancing stability or delivery.
Recent trends show increasing patent filings related to biologics, targeted therapies, and combinatorial medicines.
Global Patent Landscape
Key comparative considerations include:
- Overlapping Patents: Many patents for similar chemical classes exist in Korea, especially for blockbusters like kinase inhibitors or biologics.
- Filing Strategies: To strengthen protection, companies often file family applications covering multiple jurisdictions, including the U.S., Europe, and Asia.
Prior Art and Patentability
The patentability of KR102402137’s claims depends heavily on prior art searches revealing similar structures, synthesis methods, or therapeutic applications. References such as existing patents or scientific publications that disclose analogous compounds could challenge validity, especially if claims are broad.
Infringement and Freedom-to-Operate
Given the stringent patent landscape, conducting comprehensive patent clearance is essential before commercialization. KR102402137’s geographical scope—validated through national and potential PCT filings—also influences infringement considerations.
Legal and Commercial Implications
Patent Strength and Lifespan
- Validity: Dependent on the novelty and non-obviousness of claims.
- Remaining term: Typically, more than 15 years left, assuming standard patent term calculations, reinforcing market exclusivity.
- Potential for extension: If applicable, data or supplementary protection certificates (SPCs) may extend exclusivity.
Competitive Advantage
A well-drafted patent with broad claims provides:
- Market exclusivity.
- Negotiation leverage.
- A barrier to generic competition, especially if filed early in the development cycle.
Challenges and Risks
- Patent challenges: Oppositions or invalidation procedures remain a constant risk.
- Design-around strategies: Competitors may develop structurally similar compounds outside the patent scope.
Conclusion and Strategic Recommendations
Patent KR102402137 represents a significant asset in South Korea’s pharmaceutical patent landscape. Its scope likely encompasses a novel chemical entity or therapeutic method, with carefully drafted claims critical for protecting innovation. For patent holders, ongoing vigilance with respect to prior art and competitor activity is crucial. Licensing, enforcement, and strategic patent family management should align with the life cycle and scope of this patent.
Key Takeaways
- Scope and claims must balance broad protection with defensibility, emphasizing core chemical innovations and therapeutic uses.
- A strong patent portfolio in South Korea enhances market position, particularly in a competitive environment with active generic and innovator players.
- Patent validity and enforceability depend on continuous monitoring for prior art challenges and strategic claim drafting.
- Global patent strategies should complement domestic filings, ensuring comprehensive market coverage.
- Early filing and strategic claim drafting underpin effective protection and commercialization plans.
FAQs
1. What is the core innovation likely protected by KR102402137?
It probably involves a unique chemical compound or therapeutic method addressing a specific disease, with claims covering the molecule itself, its pharmaceutical formulations, or therapeutic uses.
2. How does South Korea’s patent law affect pharmaceutical patents like KR102402137?
South Korea offers robust patent protection with a 20-year term. Challenges for validity can be raised via opposition or invalidation proceedings, and patent duration can be extended via supplementary mechanisms if applicable.
3. Can the claims of KR102402137 be challenged or invalidated?
Yes. Prior art that discloses similar structures or methods can be used to contest validity, particularly if the claims are broad or if new prior art emerges.
4. How important is patent scope in protecting pharmaceutical innovations?
Extensive, well-drafted claims maximize market exclusivity, but must withstand legal scrutiny for novelty and inventive step. Overly broad claims risk invalidation, while narrow claims may be easier to defend.
5. What strategic steps should patent holders take regarding KR102402137?
Continuously monitor patent landscape developments, consider filing for additional jurisdictions, and plan enforcement strategies early to safeguard exclusive rights.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR102402137 public record.
[2] World Intellectual Property Organization (WIPO). Patent landscape reports—South Korea.
[3] Korean Patent Act. Ministry of Justice, Republic of Korea.
