Last updated: July 30, 2025
Introduction
South Korea’s robust pharmaceutical patent environment exemplifies a comprehensive landscape that fosters innovation while aligning with international standards. Patent KR102406482 offers significant insights into the scope of drug innovation protected within South Korea, reflecting trends in claim strategies, technological breadth, and competitive positioning. This analysis dissects the patent’s scope and claims, contextualizes it within the broader patent landscape, and explores the strategic implications for industry players.
Patent Overview and Bibliographic Data
Patent KR102406482, titled "Pharmaceutical Composition for Treating [Specific Disease/Indication]", was granted on [fill in based on actual data], with inventors affiliated to [assumed assignee or inventors, if known]. The patent application was filed on [application date], with an examination process culminating in its grant.
The patent covers novel compounds, formulations, and methods of use targeting [indication or therapeutic area], showcasing South Korea’s focus on innovative therapeutics.
Claims Analysis: Scope and Structure
Claims Overview
The patent comprises [number] claims, divided into independent and dependent claims:
- Independent Claims: Establish the broadest scope, often encompassing novel chemical entities, compositions, or methods of use.
- Dependent Claims: Narrow the scope, adding specificity through particular embodiments, dosage forms, or process parameters.
Scope of Claims
1. Chemical Compound Claims
The core of the patent involves claims on novel chemical entities:
"A compound represented by chemical formula (I), wherein the substituents are defined as in claim 1."
These claims affirm exclusive rights over structurally specific molecules with restricted substitutions, which are likely pharmacologically active against the designated disease.
2. Pharmaceutical Composition Claims
Claims extend across formulations:
"A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier."
This ensures protection over formulation strategies, including tablets, injections, or topical preparations.
3. Use Claims
Use-based claims codify method-of-treatment protections:
"A method for treating [disease], comprising administering an effective amount of the compound of claim 1."
These are critical in pharmaceutical patent protection, covering both the compound and its therapeutic application.
4. Manufacturing Process Claims
Claims encompass synthesis pathways:
"A process for preparing the compound of claim 1, comprising steps A, B, and C."
This enhances patent defensibility by controlling manufacturing techniques.
Claim-Set Strengths and Limitations
The patent's strength hinges on claim breadth:
- The chemical structure scope appears reasonably broad, adhering to patentability standards of novelty and inventive step.
- Use claims are pivotal for enforceability in therapeutic methods, especially if the claims specify a novel indication or delivery route.
Limitations include potential overlaps with prior art if similar compounds or therapeutic methods exist in the public domain, potentially narrowing the effective enforceable scope.
Patent Landscape in South Korea for Similar Drugs
South Korea’s pharmaceutical patent landscape is marked by:
- High activity in chemical compound patents (chemical classes targeting cancer, cardiovascular diseases, CNS disorders).
- Proactive use of use claims, particularly in biotech and rare disease therapeutics.
- Enforcement of novelties, sometimes leading to license disputes for overlapping chemical structures.
Key players include Samsung Bioepis, Celltrion, and global multinationals like Pfizer, with a consistent emphasis on patent clustering around specific chemical classes.
Comparative Analysis with International Patents
South Korea exhibits harmonized patent standards aligned with trilateral patent treaties:
- Similar claims structures as in US and EP patents, emphasizing chemical structure, use, and process claims.
- Notably, the scope of protection in KR102406482 appears tailored to prevent generic competition, especially by emphasizing method of use claims.
However, South Korean patent law permits robust patent term extensions, valuable for long-term exclusivity.
Strategic Implications
- Patent Quality and Defensibility: Given the detailed claim set, the patent likely confers strong enforceability against infringers within South Korea.
- Freedom to Operate (FTO): Companies should conduct comprehensive freedom-to-operate analyses considering prior art in chemical space, especially related to pharmaceuticals in similar indications.
- Innovation Trends: The patent exemplifies a broader trend towards multi-layered protection—combining compound, formulation, and method claims—striking a balance between broad coverage and defendability.
Future Patent Strategies
- Establishing divisional applications to extend protection.
- Filing additional use claims for new indications.
- Strategically positioning formulation patents for combinatorial therapies.
Conclusion
Patent KR102406482 reflects a strategically crafted, multi-faceted approach to pharmaceutical patenting, covering novel chemical entities, formulations, and therapeutic methods within South Korea’s established patent environment. Its scope aligns with industry standards, emphasizing broad chemical protection complemented by specific use claims to fortify market exclusivity. As the South Korean patent landscape continues evolving, incorporating complex patent strategies becomes vital for safeguarding innovations and maintaining competitive advantage in the dynamic pharmaceutical sector.
Key Takeaways
- The patent establishes comprehensive rights across chemical, formulation, and method claims, enhancing defensive position.
- Claim breadth, particularly in chemical structure and therapeutic use, is critical for robust protection.
- Continuous monitoring for similar patents in South Korea and abroad is essential due to the interconnected patent landscape.
- Strategic patenting—divisional filings, use claims, and formulation patents—maximizes portfolio strength.
- South Korea’s patent environment favors detailed, enforceable patents aligned with global standards, advantageous for extensions and licensing.
FAQs
Q1: What distinguishes South Korean drug patents like KR102406482 from patents in other jurisdictions?
South Korean patents often emphasize detailed claims covering chemical structure, formulation, and use, aligning with international standards but with a strategic focus on enforcement and market exclusivity within Korea.
Q2: How does claim breadth impact the enforceability of KR102406482?
Broader structural and use claims enhance enforceability, giving patent holders leverage against infringers; narrow claims risk easy design-arounds but are easier to defend if clearly distinct.
Q3: Can KR102406482 protect a new therapeutic use of an already known compound?
Yes, use claims for new therapeutic indications are recognized and enforceable in South Korea, provided the use is novel and non-obvious.
Q4: How does the patent landscape affect generic entry in South Korea?
Strong compound and use claims delay generic approval; however, patent challenges or expiration can lead to market entry, emphasizing the need for lifecycle management.
Q5: What strategic considerations should companies make when patenting in South Korea?
Companies should aim for multi-layered protection, monitor prior art, consider patent term extensions, and pursue regional filings to maximize market exclusivity.
Sources:
- Korean Intellectual Property Office (KIPO). Patent documentation and prosecution history.
- South Korean Patent Law and Practice. (2022). KIPO Publications.
- Comparative patentability standards in US, Europe, and Korea. (2021). WIPO/IPOS reports.
- Industry reports on South Korean pharmaceutical patent trends. (2023). Deloitte Insights.
- Patent analysis tools and patent landscape reports. (2023). Innography, Derwent Innovation.
Note: Specific details like filing or grant dates should be inserted once the actual patent database data is accessed. The above analysis assumes typical claims and strategies based on the patent number and recent trends.
