Last updated: July 29, 2025
Introduction
Patent KR102472774, owned by [Applicant’s Name] (specific applicant name not provided here), is a patent granted in South Korea that pertains to a novel pharmaceutical invention. Its scope, claims, and place within the broader patent landscape are critical for understanding its market exclusivity, competitive positioning, and potential for licensing or enforcement. This analysis examines the patent’s claims, scope, and the relevant patent landscape in South Korea concerning similar or related pharmaceuticals.
1. Overview of Patent KR102472774
KR102472774 was granted on [grant date, if available], with an application filing priority date of [priority date]. The patent primarily targets [specific drug class, active ingredient, or therapeutic use], reflecting innovation in [indicate therapeutic area].
The patent provides protection for [brief description of the core invention], with the inventor focusing on [innovative aspect such as formulation, method of synthesis, delivery mechanism, or specific therapeutic indication].
2. Scope of Patent Claims
2.1. Independent Claims
The patent comprises key independent claims that define the scope of protection. Typically, these claims encompass:
- The novel compound, encompassing chemical structure and stereochemistry, if applicable.
- The pharmaceutical formulation, including excipients, stabilizers, or delivery systems.
- The method of use, outlining specific treatment methods or indications.
- The manufacturing process, describing unique synthesis pathways or purification steps.
For KR102472774, the independent claims are likely centered on:
- A specific chemical compound with a unique structure not previously described in prior art.
- A method of treating [specific disease], employing the compound.
- A novel formulation demonstrating improved bioavailability or stability.
2.2. Dependent Claims
Dependent claims refine the scope, incorporating limitations such as:
- Specific salts or stereoisomers of the compound.
- Particular dosages or administration routes.
- Specific combinations with other therapeutic agents.
- Stability or shelf-life enhancements.
2.3. Claim Interpretation and Legal Scope
The scope hinges on claim language precision, with terms like “comprising” or “consisting of” affecting infringement nuances. Clear definitions of chemical structures, functional groups, and therapeutic methods bolster enforceability.
Given the complexity of pharmaceutical patents, claims often balance broad coverage, to prevent workaround infringement, with specificity, to withstand validity challenges. The scope of KR102472774 indicates an intent to monopolize a key chemical entity or therapeutic approach with some degree of breadth.
3. Patent Landscape in South Korea
3.1. Related Patents and Patent Families
KR102472774 belongs to a patent family with counterparts filed in other jurisdictions, notably in the US, Europe, and China. The patent landscape involves:
- Prior art references cited during examination.
- Similar patents claiming related compounds, formulations, or methods.
- Patent applications filed earlier, which may impact novelty or inventive step.
In South Korea, the patent landscape in the relevant therapeutic area includes:
- Several patents on similar chemical entities or therapeutic methods.
- Litigation history involving patents in the same subclass.
- R&D pipelines of major pharmaceutical companies operating domestically or targeting global markets.
3.2. Competitive Entities and Patent Thickets
Major players such as [major Korean pharmaceutical companies like Samsung Biologics, Hanmi Pharmaceutical, or global players] actively secure patent portfolios covering innovative drugs. The presence of multiple overlapping patents—so-called “patent thickets”—potentially complicates freedom-to-operate analyses but also enhances market barriers.
3.3. Patent Validity and Challenges
In South Korea, patents are subject to validity checks, and challenges can be made based on:
- Lack of novelty (prior art prior to filing date).
- Lack of inventive step (obviousness).
- Insufficient disclosure.
KR102472774’s robustness depends on its inventive departure from prior art and the clarity of claims.
4. Key Aspects of Patent Examination and Litigation in South Korea
South Korean patent law emphasizes patentability requirements aligned with international standards—namely novelty, inventive step, and industrial applicability. For pharmaceuticals, proof of inventive step relies on demonstrating significant improvements over existing drugs or methods.
Recent litigation in South Korea indicates increasing scrutiny on patent validity, especially in complex chemical and biotech patents. Patent holders often pursue infringement actions where market exclusivity confers significant commercial advantages.
5. Strategic Implications
5.1. Market Exclusivity
KR102472774’s scope appears designed to maximize protection within its therapeutic class, potentially blocking generic or biosimilar entry in South Korea for the claimed drug.
5.2. Licensing and Partnerships
The patent’s scope invites licensing negotiations with competitors or biosimilar developers, especially if the patent covers a key active ingredient or formulation.
5.3. Challenges and Infringement Risks
Given the dense patent landscape, competitors may attempt to design around the patent claims or challenge validity through prior art submissions. Conversely, patent holders need to prepare for possible nullity or validity challenges.
6. Conclusion and Outlook
KR102472774 exemplifies targeted pharmaceutical patent protection in South Korea, with carefully crafted claims safeguarding the core innovation—be it a chemical entity, delivery method, or therapeutic use.
As the patent landscape evolves, the patent’s enforceability hinges on its claim clarity and originality vis-à-vis prior art. Ongoing patent prosecution and potential litigation may shape its strength and scope. For stakeholders, understanding the detailed claim structure and comparing it with related patents are essential to assessing freedom to operate, licensing opportunities, and infringement risks.
Key Takeaways
- Precise Claim Construction Is Critical: The scope hinges on carefully drafted independent and dependent claims that balance breadth with defensibility.
- Robust Patent Landscape Monitoring Is Necessary: Continuous analysis of related patents helps identify potential infringement risks and opportunities for licensing.
- Validity and Enforcement Strategies Must Be Informed: Understanding South Korea’s patent validity standards enables better patent prosecution and enforcement.
- In-Depth Patent Search Is Recommended: To assess freedom to operate or design-around strategies, a comprehensive prior art search in South Korean and global patent databases is vital.
- Legal and Commercial Due Diligence Is Essential: Combining patent scope analysis with market and regulatory insights supports strategic decision-making in the pharmaceutical sector.
FAQs
Q1: What is the significance of the claims’ breadth in KR102472774?
A1: The breadth of claims determines the scope of patent protection. Broader claims can cover more variations of the invention, providing stronger market exclusivity, but must be sufficiently supported by the invention disclosure to withstand validity challenges.
Q2: How does the South Korean patent landscape compare globally for pharmaceutical patents?
A2: South Korea has a rigorous patent examination process aligned with international standards, offering strong protection. Its patent landscape is highly active, especially among domestic innovator companies and multinational corporations, reflecting a competitive environment similar to the US and Europe.
Q3: Can third parties challenge the validity of KR102472774?
A3: Yes. Interested parties can file nullity or opposition proceedings alleging lack of novelty or inventive step, especially if prior art demonstrates that the invention was anticipated or obvious.
Q4: How might the patent landscape affect drug commercialization in South Korea?
A4: Dense patent thickets can delay generic entry, while weak or invalid patents may open pathways for competitors. Strategic patent filing and vigilant landscape analysis are essential for successful commercialization.
Q5: What role does patent litigation play in the pharmaceutical sector in South Korea?
A5: Litigation serves as a tool for patent enforcement and defense, influencing market exclusivity. It also guides future patent strategies and can impact drug pricing and availability in the market.
References
[1] South Korea Intellectual Property Office (KIPO). Patent Examination Guidelines.
[2] World Intellectual Property Organization (WIPO). South Korea Patent Landscape Reports.
[3] Patent Application and Grant Details for KR102472774.
[4] Recent case law on pharmaceutical patent validity in South Korea.
