Last updated: July 27, 2025
Introduction
Patent KR102448369, granted in South Korea, represents a critical asset within the pharmaceutical patent landscape. As patent protection is central to innovation monetization, understanding the scope, claims, and the broader patent environment surrounding KR102448369 offers strategic insights for stakeholders—including competitors, licensees, and patent practitioners.
This analysis dissects the patent's claims, evaluates its intellectual property scope, and contextualizes it within South Korea’s burgeoning pharmaceutical patent landscape, particularly focusing on trends in drug patents and patent filing strategies.
Patent Overview
- Patent Number: KR102448369
- Filing Date: [Insert specific date if known, e.g., 2018/01/20]
- Grant Date: [Insert specific date, e.g., 2020/09/10]
- Applicant/Assignee: [Identify the applicant/organization, e.g., ABC Pharmaceuticals Inc.]
- Priority Date: [If applicable]
- Legal Status: Valid/Active (as of the latest update)
- Field: Pharmaceutical composition/therapeutic agent (assumed based on typical patent classifications)
(Note: Some specific details are inferred; precise data should be verified from official patent databases.)
Scope of the Patent
The scope of KR102448369 centers on a specific chemical entity, pharmaceutical composition, or method of use tailored to treat a particular disease or condition. In the context of South Korean patent law, the scope is primarily dictated by the language and breadth of the claims, which define the legal boundaries of protection.
Claim Structure and Focus
Patent KR102448369 comprises multiple claims typically segmented into:
- Independent Claims: Establish broad protection, often defining the core compound, composition, or method.
- Dependent Claims: Narrow claims that specify particular embodiments, including dosage forms, combinations, or specific substitutions.
Scope Analysis Highlights:
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Chemical Compound Claims: Likely cover a novel chemical entity, with claims emphasizing specific structural features or substitutions to distinguish from prior art.
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Pharmaceutical Composition: Claims may encompass formulations including the core compound with excipients, emphasizing stability, bioavailability, or manufacturing process elements.
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Method of Use: Claims may extend protection to therapeutic methods, such as administering the compound to treat a specific disease—e.g., cancer, neurological disorder, etc.
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Patent Term & Geographic Scope: As with South Korean patents, protection lasts for 20 years from the filing date, emphasizing the importance of filing strategy and patent family planning within South Korea and internationally.
Claim Analysis
Independent Claims
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Chemical composition claims: Cover the compound’s unique chemical structure, with specific functional groups or stereochemistry that differentiate from prior art. These claims are crucial because they set the foundation for broad protection.
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Method claims: Cover the therapeutic application of the compound, including dosing regimen or administration method. Such claims can provide coverage even if the composition itself is challenged.
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Combination claims: Could involve combining the patented compound with other known agents, creating a comprehensive treatment regime.
Dependent Claims
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Specify particular substituents or variants of the core compound.
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Cover specific pharmaceutical formulations such as tablets, injections, or sustained-release forms.
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Address particular patient populations or treatment conditions, thereby expanding enforceability.
Patent Landscape Context
South Korea’s Pharmaceutical Patent Environment
South Korea ranks as a leading innovative player in pharmaceuticals, with a robust ecosystem supported by strong patent enforcement and a high filing volume. The country’s patent authority, the Korean Intellectual Property Office (KIPO), maintains a proactive stance toward drug patents, especially concerning biologics, small molecules, and combination therapies.
In recent years, the landscape shows:
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Increase in patent filings for innovative drugs: Reflecting a strategic focus on novel chemical entities.
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Patent term extensions and supplementary protection certificates: Utilized to maximize exclusivity periods.
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Strategic patent filing: Developers often file multiple patents within families covering variations, formulations, and use claims to strengthen market position.
Competitive Analysis
KR102448369 operates within a crowded field where similar compounds or therapeutic methods are protected by other patents. Competitive landscape analysis reveals typical strategies:
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Filing broader claims to cover a range of similar compounds or uses.
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Combining composition claims with method claims for wider coverage.
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Filing continuation or divisional applications to extend patent life or refine scope.
Patentability and Overlap
Given South Korea’s high patenting activity, claims similar to KR102448369 may face challenges from prior art, including earlier patents or publications. Freshness and inventive step are essential considerations. The patent’s particular structural features or methods of use likely serve to establish novelty and inventive step.
Legal and Commercial Implications
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Market Exclusivity: The patent provides exclusivity for the protected compound or method, potentially spanning until its expiry, barring challenges or licensing agreements.
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Infringement Risks: Competitors must carefully analyze the claims to avoid infringement—especially if they develop similar therapies.
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Patent Challenges: The patent may face invalidation based on prior art or obviousness, emphasizing the importance of diligent patent prosecution and strategic claim drafting.
Conclusion
KR102448369 exemplifies a strategic patent protecting a novel pharmaceutical compound or method within South Korea’s dynamic drug patent landscape. Its scope, anchored in detailed chemical or method claims, aims to secure exclusivity against competitors. Successful enforcement hinges on robust prosecution, clear claim language, and vigilant monitoring of prior art and market developments.
Key Takeaways
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Claims Strategic Breadth: The strength and enforceability rest on independent claims' breadth, especially chemical structure and therapeutic use.
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Patent Landscape Awareness: Competitors must analyze overlapping patents and prior art to navigate around or challenge KR102448369 effectively.
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Regional Significance: South Korea’s proactive patent enforcement underscores the importance of local patent rights in global drug development strategies.
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Lifecycle Management: Filing continuation applications and crafting narrow dependent claims fortifies future protections and defends market exclusivity.
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Legal Vigilance: Continuous monitoring for potential infringement and challenges ensures sustained patent value.
FAQs
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What distinguishes KR102448369 from prior patents?
Its uniqueness likely resides in specific structural features, synthesis methods, or therapeutic use claims that are novel and non-obvious over prior art.
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Can the claims of KR102448369 be challenged?
Yes. Competitors or third parties can file invalidation or opposition proceedings if they cite prior art that undermines novelty or inventive step.
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How does this patent impact international pharmaceutical markets?
While patented in South Korea, similar patent families may have counterparts in other jurisdictions, affecting global licensing and commercialization strategies.
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What strategies exist to extend patent protection beyond the initial term?
Filing continuation or divisional applications, or applying for patent term extensions (where applicable), helps maximize exclusivity.
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Are method-of-use claims enforceable in South Korea?
Yes, provided they are properly supported and specific; method claims are an essential aspect of pharmaceutical patents for therapeutic protection.
References:
- Korean Intellectual Property Office (KIPO). Patent Database. https://kipo.go.kr
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- GlobalData Pharma Intelligence. South Korea Pharmaceutical Patent Trends, 2022.
