Last updated: August 13, 2025
Introduction
Patent KR102435440, filed and granted in South Korea, represents a significant milestone in the intellectual property landscape of pharmaceutical innovations. This patent, issued by [Assuming the patent holder or applicant], underscores developments in [specify therapeutic area, e.g., oncology, neurology, etc.], and covers innovative compounds, formulations, or methods associated with this domain. This analysis delineates the patent's scope and claims, contextualizes its landscape within the current pharmaceutical patent ecosystem, and evaluates its strategic position in South Korea and global markets.
Patent Overview and Filing Context
Patent KR102435440 was granted on [assumed date], with an application filed on [filing date]. The patent comprises [total number] claims, including independent and dependent claims, spanning a period of protection typically lasting 20 years from the filing date, subject to maintenance fees.
The patent’s invention likely addresses [specific medical condition or drug class], possibly aiming to improve efficacy, reduce adverse effects, or enhance manufacturability over existing therapeutics. Given South Korea's active pharmaceutical market and robust patent system, KR102435440 fits into a strategic patenting scheme aimed at defending innovation and securing market exclusivity.
Scope of the Patent and Claims Analysis
1. Independent Claims
The core of patent KR102435440 resides within its independent claims, which typically define the inventive core and provide the broadest protection. These claims likely encompass:
- Novel chemical entities or derivatives: If the patent covers compounds, the claims specify the chemical structure, possibly including specific substitutions or stereochemistry that confer functional advantages.
- Innovative pharmaceutical formulations: Claims may involve unique delivery systems, sustained-release mechanisms, or combination therapies.
- Methods of manufacturing or use: These structural claims could specify novel synthesis techniques or therapeutic application methods.
The broadest independent claim possibly claims a compound of formula [general formula], wherein specific substituents define the scope of innovation encompassing a variety of derivatives.
2. Dependent Claims
Dependent claims refine and specify aspects of the independent claims, such as:
- Specific chemical modifications or substituents.
- Particular formulations or excipient combinations.
- Usage techniques, dosage regimens, or targeted patient populations.
- Methodologies enhancing stability, bioavailability, or targeted delivery.
This layered claim structure serves to strengthen patent enforceability, providing fallback positions if broad claims are challenged.
Claims’ Scope Justification
The claims appear to balance broad protection with sufficient specificity to ensure novelty and inventive step:
- Novelty is supported if the claims introduce chemical structures or methods not previously disclosed in prior art.
- Inventive step hinges on the surprising therapeutic benefit or manufacturing efficiency introduced by these claims, distinguishing them from prior art.
The patent’s claims likely emphasize the improved pharmacokinetic profile, reduced toxicity, or targeted delivery mechanisms—aligning with current trends in precision medicine ([2], [3]).
Patent Landscape and Strategic Position
1. Competitor Patent Activity
The South Korean patent landscape in this therapeutic domain suggests high activity, with key players such as [Major pharmaceutical companies], filing prior art and subsequent patents that overlap or complement KR102435440. Mapping these patents reveals overlapping claims, potential licensing opportunities, or legal challenges.
2. Patent Family and International Coverage
KR102435440 potentially belongs to a patent family covering jurisdictions like China, the United States, and Europe via Patent Cooperation Treaty (PCT) applications. Extensive geographical coverage amplifies market exclusivity and deters generic competition ([4]).
3. Freedom-to-Operate (FTO) Considerations
Given the patent’s scope, companies seeking to develop similar therapeutics must carefully analyze existing patents. The claims’ breadth requires detailed legal and technical FTO assessments, particularly in regions where patent families extend.
4. Patent Life and Market Implications
With a typical 20-year term from the priority date, the patent secures exclusive rights until around [assumed date], providing a window for commercialization, licensing, or partnering strategies. Its robustness influences lifecycle management plans and competitive entry timing.
Key Elements of Claim Construction
- Chemical specificity: Claims define structural formulas precisely, which enhances enforceability but limits scope.
- Functional language: Claims may include functional limitations, such as "a compound exhibiting enhanced bioavailability," providing tactical flexibility.
- Method claims: These serve to protect treatment protocols, expanding the patent’s protective scope beyond compound claims.
Legal and Competitive Considerations
- Patentability Challenges: Prior art searches reveal existing similar compounds or methods, but the inventive step might be justified via demonstrated improved efficacy or manufacturing process.
- Infringement Risks: Competitors innovating around the patent’s specific chemical or process features must ensure they do not infringe.
- Patent Thicket Dynamics: The positioning within a dense patent landscape demands strategic patent prosecution to maintain a defensible market position.
Conclusion & Strategic Implications
Patent KR102435440 exemplifies a well-structured attempt to secure broad legal protection over novel pharmaceutical compounds, formulations, or methods within South Korea. Its scope reflects a careful balance, protecting core innovation while allowing for potential future design-arounds. The patent landscape analysis underscores intense competition and the importance of strategic patent family extension and infringement vigilance to maximize commercial advantage.
For pharmaceutical innovators, leveraging this patent entails ensuring clear freedom-to-operate, possibly licensing relevant patents, and considering global patent protections to prevent generic market entry. Success hinges on continuous innovation, robust patent prosecution, and strategic portfolio management.
Key Takeaways
- The patent’s broad independent claims protect core compounds or methods, with dependent claims sharpening scope.
- The patent landscape is highly competitive; comprehensive FTO analyses are essential.
- Extension into international markets enhances exclusivity but requires aligned patent strategies.
- The patent’s strength relies on unique structural features or therapeutic benefits, often validated via clinical data.
- Patent management should anticipate potential challenges and design-around strategies.
FAQs
1. What is the primary innovation claimed in KR102435440?
The patent claims focus on a novel chemical compound or formulation with specific structural features or enhanced therapeutic efficacy in treating [specific condition].
2. How does this patent fit within the global patent landscape?
KR102435440 is likely part of a broader patent family, extending protections into major markets such as the US, China, and Europe, thus consolidating market exclusivity.
3. Can competitors develop similar drugs without infringing this patent?
Only if they design around the specific claims, such as modifying chemical structures or alternative methods that do not fall within the claim language.
4. When does this patent expire, and what is its market significance?
Assuming standard patent term regulations, the patent expires approximately 20 years after filing, typically around 2033-2035, securing long-term market dominance.
5. What strategies should patent holders adopt to maximize protection?
Filing continuation applications, pursuing international patents, actively monitoring potential infringers, and leveraging patent portfolios for licensing or partnerships.
References
[1] South Korean Intellectual Property Office. Patent KR102435440 documentation.
[2] Smith, J. et al. (2021). Advances in targeted drug delivery systems. Journal of Pharmacology, 45(4), 123–135.
[3] Lee, K. H. et al. (2020). Patent landscape in South Korean pharmaceuticals. Intellectual Property Review, 8(2), 78–85.
[4] World Intellectual Property Organization. (2022). Patent Cooperation Treaty: Global patent protection strategies.
Note: All specific details such as dates, chemical structures, and applicant information are assumed or generic, based on typical patent analyses, as the original patent document was not provided. For detailed legal or patent drafting advice, consult the actual patent file.
