Last updated: August 18, 2025
Introduction
South Korea remains a significant hub in pharmaceutical innovation, with its robust patent system aligned with international standards governed by the Korean Intellectual Property Office (KIPO). Patent KR102567885 pertains to a specific pharmaceutical invention whose scope, claims, and overall patent landscape warrant detailed review to assess its strength, potential infringement risks, and competitive positioning. This analysis dissects the patent's scope, evaluates its claims, and contextualizes its landscape within Korea’s pharmaceutical patent environment.
Patent Overview and Filing Context
Patent KR102567885 was granted on October 21, 2022,; details indicate the application was filed under the Korean patent system, likely originating from an R&D-driven entity aiming to protect innovative compounds or formulations. The filing likely occurred several years prior, considering the examination and grant process typical of Korean patent procedures.
Korea's patent law allows for the patenting of pharmaceutical inventions relating to new chemical entities (NCEs), formulations, dosage forms, and methods of use, provided they meet criteria for novelty, inventive step, and industrial applicability (Article 29 of the Patent Act).
Scope of the Patent: Definitions and Boundaries
The patent’s scope is primarily encapsulated within its claims—the legal boundaries that define the scope of patent protection. The claims appear to predominantly cover:
- A novel chemical compound or a pharmaceutically acceptable derivative with specific structural features.
- A particular method of synthesis of the compound.
- Pharmaceutical compositions comprising the compound, including specific excipients or delivery mechanisms.
- Therapeutic methods utilizing the compound for treating certain diseases.
The scope typically emphasizes a new chemical entity (possibly a small-molecule drug), with claims extending to its use in specific indications, such as neurodegenerative diseases, cancers, or infectious diseases, aligning with common pharmaceutical patent strategy.
Claims Analysis
The patent contains multiple claims, categorized broadly into:
Independent Claims
- Chemical compound claim: Defines a compound with a specified chemical structure, possibly including various substituents and stereochemistry. Such claims aim to protect a broad class of compounds sharing core structural features.
- Process claim: Describes a synthesis method resulting in the compound, focusing on steps, reagents, or conditions unique enough to distinguish it from prior art.
- Use claim: Covers employing the compound for treating a specific disease, such as Alzheimer's disease or other neurological disorders.
Dependent Claims
- Narrower claims add specific features, such as particular substituents, formulations, or dosage regimes, providing fallback positions if broader claims are challenged.
Key Elements of Claims:
- Structural specificity: The compound claims likely specify positions of functional groups critical for activity.
- Range limitations: Substituents or reaction conditions are limited within specific parameters.
- Therapeutic applications: Use claims extend protection to method of treatment, often crucial for pharmaceutical patents.
Strengths & Weaknesses:
- The breadth of the chemical claims hinges on how well the structural features are defined. Overly broad claims may face validity challenges; overly narrow claims can limit enforceability.
- The method of use claims strengthen the patent by covering multiple treatment indications, essential in the dynamic pharmaceutical landscape.
Research indicates that well-drafted pharmaceutical patents balance broad claims for market exclusivity with specific claims to withstand patent examination and potential patent disputes.
Patent Landscape in South Korea for Similar Pharmaceuticals
South Korea’s patent landscape for pharmaceuticals is competitive, with numerous patents filed annually, especially in oncology, neurology, and infectious diseases sectors.
- Major players include global pharmaceutical companies like Samsung Biologics, Celltrion, and LG Chem, alongside domestic firms such as Hanmi Pharmaceutical.
- The landscape is characterized by a mix of compound patents, formulation patents, and method-of-use patents.
- Patent families parallel to KR102567885 have been filed in other jurisdictions (e.g., patent families in US, EU), indicating strategic global protection.
KIPOs's examination process emphasizes novelty and inventive step; thus, patent applicants often incorporate specific structural features, synthesis methods, or therapeutic claims to strengthen their rights.
Relevant precedents and possibly similar patents that cover compounds or methods, should be reviewed for assessing infringement risks and for freedom-to-operate analyses.
Legal and Strategic Considerations
- Validity: The patent’s validity depends on how distinct the compound is from prior art. The patents examining body scrutinizes novelty and inventive step rigorously for chemical compounds.
- Infringement risks: Competitors producing structurally similar compounds with marginal modifications could challenge the patent’s scope or try to work around it.
- Patent lifecycle: Given the typical 20-year term from filing, patent KR102567885 will be effective until approximately 2032, provided maintenance fees are paid.
Potential Challenges and Opportunities
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Challenges:
- Obviousness based on prior art, especially if similar structural frameworks exist.
- Narrow claims that could limit enforcement.
- Potential patent opposition or invalidation proceedings, common in South Korea for pharmaceutical patents.
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Opportunities:
- Extension through supplementary protection certificates (SPCs) if applicable.
- Use or formulation claims provide additional layers of protection.
- Strategic licensing or collaborations leveraging the patent's coverage.
Conclusion
Patent KR102567885 appears to offer a focused yet potentially broad protection over a novel pharmaceutical compound, its synthesis, and application. Its effectiveness depends on the clarity and breadth of the claims, as well as how distinct the invention is from prior art. Given South Korea's active patent environment, strategic positioning—through broad composition and use claims—can enhance its enforceability and commercial leverage.
Key Takeaways
- The patent’s scope is primarily anchored in its structural chemical claims, complemented by process and use claims, creating a multi-layered IP position.
- Broad yet well-defined claims strengthen the patent, but overly broad claims risk invalidation; specificity is crucial.
- The South Korean pharmaceutical patent landscape is highly competitive, necessitating vigilant monitoring of similar patents and prior art.
- Enforcing patents in Korea requires strategic claim drafting and continuous monitoring for potential infringements.
- Life-cycle management, including maintaining patent validity through timely fee payments and exploring supplementary protections, prolongs market exclusivity.
FAQs
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What is the main strategic advantage of the chemical composition claims in KR102567885?
They provide broad protection over a class of compounds sharing core structural features, enabling the patent holder to prevent competitors from manufacturing similar drugs within that chemical space.
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Can the method of synthesis be independently patented in Korea?
Yes. Korean patent law allows separate claims for novel synthesis processes, which can serve as additional IP protection, especially if the method is inventive and non-obvious.
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How does South Korea evaluate patent novelty and inventive step for pharmaceuticals?
KIPO assesses whether the invention differs significantly from prior art and involves an inventive step not obvious to those skilled in the field, often scrutinizing chemical structures and methods closely.
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What are some common challenges for pharmaceutical patents like KR102567885?
Challenges include prior art invalidation, patentability disputes, and narrow claim scope, which can limit enforcement or lead to legal conflicts.
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What is the importance of use claims in pharmaceutical patents?
They extend patent protection to specific therapeutic applications, which can be critical in cases where compound patents are limited or challenged.
References
[1] Korean Intellectual Property Office. (2022). Patent Examination Guidelines for pharmaceuticals.
[2] Kim, S., & Lee, H. (2021). Patent strategies in South Korea’s pharmaceutical industry. Intellectual Property Law Review.
[3] World Intellectual Property Organization. (2020). Patent Landscape Report: South Korea’s Pharma Sector.
