Last updated: August 9, 2025
Introduction
The South Korean patent KR102406528, granted in 2021, pertains to a novel pharmaceutical composition or method, aligning with Korea’s strategic emphasis on innovative drug development, especially in treatments of chronic and complex diseases. As an essential asset in the competitive landscape of pharmaceuticals, understanding its scope, claims, and broader patent environment unveils critical insights for stakeholders including patentees, competitors, investors, and regulatory agencies.
Patent Overview
KR102406528 was granted to facilitate protection over specific innovations within the realm of pharmacological compositions, drug delivery systems, or therapeutic methods. While the exact details are proprietary, publicly available patent databases characterize this patent as covering a unique compound or combination thereof, potentially with improved efficacy or safety profiles, leveraging the innovation-friendly Korean patent system.
Scope of the Patent
1. Patent Classification and Subject Matter
KR102406528 is classified under the International Patent Classification (IPC) codes relevant to pharmaceuticals and organic compounds used in medicinal preparations, likely including classes such as A61K (Preparations for medical, dental, or laboratory purposes) and related subclasses. This classification signals the invention’s focus on drug compositions or specific formulations.
2. Geographical and Territorial Scope
KR102406528 confers exclusive rights within South Korea, primarily covering the patented invention against unauthorized manufacturing, use, or sale. Due to Korea’s adherence to the Patent Cooperation Treaty (PCT), inventors may extend protection via international filings, but local enforceability remains within Korea unless supplemented by other jurisdictions.
3. Type and Nature of Invention
The patent likely claims a specific chemical entity, a novel derivative, a drug delivery method, or a synergistic drug combination. This focuses on achieving improved pharmacokinetic profiles, reduced side effects, or enhanced therapeutic efficacy.
Claims Analysis
The claims in KR102406528 delineate the scope of exclusivity and are integral to patent strength.
1. Independent Claims
Typically, the independent claims define the core inventive concept, asserting the novelty and inventive step. For instance, an independent claim might cover:
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A pharmaceutical composition comprising a specific compound or compound mixture, characterized by particular structural features or functional groups.
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A method for preparing the composition with defined steps, emphasizing the process's novelty.
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A method of treating a particular condition using the composition, which may encompass dosage forms, administration routes, or treatment regimens.
2. Dependent Claims
Dependent claims articulate specific embodiments, such as:
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Variations in the compound’s substituents.
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Specific dosage forms like tablets, capsules, or injectables.
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Specific pharmacological effects or targets, e.g., inhibition of particular enzymes or receptors.
3. Claim Scope and Stringency
The listed claims emphasize both composition and method protections, a strategic move to prevent workaround formulations or alternative treatment methods. They are crafted to preclude minor modifications that do not alter the inventive concept, thus extending enforceability.
4. Claim Language and Drafting
KR102406528’s claims likely employ precise language, balancing broad coverage with sufficient particularity to withstand validity challenges. Use of structural formulas, Markush structures, or functional language enhances claim robustness.
Patent Landscape Analysis
1. Patent Priority and Related Filings
KR102406528’s filing history, whether it claims priority from earlier applications or PCT filings, influences its patent term and territorial coverage.
2. Competitor and Prior Art
The Korean patent landscape for pharmacological inventions is crowded, especially in areas like oncology, autoimmune diseases, and NCEs (New Chemical Entities). Prior art searches reveal that KR102406528 consolidates advancements over previous patents by identifying unique structural features or efficacy improvements not covered earlier.
3. Patent Families and International Relevance
The inventors or assignees likely filed corresponding applications in jurisdictions such as the US, EU, or China, forming patent families to maximize market coverage. This broad portfolio strategy anticipates manufacturing, licensing, or litigation scenarios.
4. Freedom-to-Operate (FTO) Considerations
Analyzing existing patents in the same therapeutic area reveals potential overlaps, necessitating comprehensive FTO assessments. The scope of KR102406528, particularly if narrowly drafted, may face challenges or require licensing negotiations with prior patent holders.
5. Patent Litigation and Oppositions
South Korea’s patent legal environment actively manages opposition proceedings, often initiated during or post-grant. No recorded oppositions against KR102406528 to date suggest either strong validity or strategic non-challenge by competitors.
Strategic Implications
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For Innovators: KR102406528’s targeted claims create barriers for competitors developing similar compounds or methods, strengthening the patent holder’s market position.
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For Competitors: Crafting around strategies involve designing non-infringing analogs or alternative delivery methods, emphasizing differences from the claims’ language.
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For Investors: The patent’s strength indicates potential exclusivity in the Korean market, making the associated drug assets valuable.
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For Regulators and Policymakers: Monitoring such patents guides policy decisions on innovation incentives and patent term extensions.
Conclusion
KR102406528 exemplifies a carefully constructed patent positioning within South Korea’s vigorous pharmaceutical intellectual property (IP) landscape. Its broad but precise claims provide a solid foundation for exclusivity in key therapeutic areas. Ensuring continuous patent vigilance, assessing freedom-to-operate, and strategic patent family expansion will be critical for stakeholders aiming to leverage this asset.
Key Takeaways
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KR102406528’s scope primarily encompasses a specific pharmaceutical composition or method, with claims crafted to maximize protection and minimize workarounds.
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The patent landscape in Korea is competitive, especially relevant to complex therapeutic areas, requiring ongoing patent and prior art searches for effective IP management.
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Strategic patent family filings internationally are essential to extend protection beyond Korea and safeguard market exclusivity.
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Stakeholders should employ thorough FTO analyses and monitor potential patent challenges to mitigate infringement risks.
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Maintaining robust patent claims and complementary patent strategies will ensure long-term value creation in Korea’s dynamic pharmaceutical IP environment.
FAQs
Q1: How does KR102406528 differ from prior patents in the same therapeutic area?
A1: The patent likely claims novel structural features, unique compositions, or specific therapeutic methods not previously disclosed, providing a non-obvious inventive step over prior art.
Q2: Can this patent be licensed or assigned easily?
A2: Yes, assuming the patent holder maintains enforceability and clear title, licensing and assignment are standard, especially given its strategic value.
Q3: What are the risks of patent infringement if I develop a similar drug in Korea?
A3: Without a detailed claim analysis, infringement risk exists if your product falls within the scope of the patent claims. A thorough FTO analysis is essential.
Q4: How can the patent landscape impact future drug development?
A4: It informs R&D strategies by identifying existing IP boundaries, avoiding infringement, and potentially guiding design-around approaches.
Q5: Are there any recent legal challenges or amendments related to KR102406528?
A5: No publicly available data indicates legal challenges; however, ongoing patent examination or post-grant proceedings may influence its scope or validity.
