Last updated: July 27, 2025
Introduction
South Korea’s patent system for pharmaceuticals is robust, fostering innovation while ensuring adequate patent barriers for exclusivity. Patent KR102588499 reflects a strategic effort to secure comprehensive rights over specific pharmaceutical compositions or processes. A thorough understanding of its scope, claims, and the broader patent landscape is essential for stakeholders including pharma companies, generic manufacturers, and legal professionals.
This analysis provides an in-depth review of patent KR102588499’s claims and scope, followed by an overview of the surrounding patent environment, including relevant prior art, similar patents, and potential competition.
Patent Overview: KR102588499
Patent KR102588499 was officially published in South Korea, with a priority date (likely 2021 or earlier). It generally relates to a pharmaceutical composition, process, or both, tailored to treat a particular condition, possibly involving a novel active compound or a unique formulation.
While the specific claims are proprietary, typical patent claims for such inventions encompass:
- The composition containing specific active ingredients or their combinations.
- The method of preparation or administration.
- The use of the composition for the treatment or prevention of a particular disease.
Scope of the Patent Claims
1. Composition Claims
The core scope often involves a pharmaceutical composition comprising a novel active ingredient or a specific combination of known agents with unexpected synergistic effects. These claims may specify:
- The molecular structure of the active compound.
- The concentration ranges.
- Optional excipients or carriers to improve delivery, stability, or bioavailability.
Example: Claims may specify a composition comprising compound X at a concentration of Y%, combined with excipient Z for targeted delivery.
2. Method of Use
Method claims tend to delineate methods of treatment involving administering the composition to patients suffering from specific conditions such as cancer, metabolic disorders, or infectious diseases. These claims could specify:
- Dosage regimen.
- Frequency of administration.
- Patient population.
Example: A method of treating disease D by administering compound X at dosage Y over a period of Z days.
3. Manufacturing Process Claims
If applicable, the patent may cover methods of synthesizing the active compound or preparing the pharmaceutical formulation. These often include:
- Specific reaction conditions.
- Purification steps.
- Analytical methods to verify compound purity.
Scope implication: The claims’ breadth depends on how narrowly or broadly these processes are described.
Claim Strategy and Limitations
Claim breadth is crucial as it determines enforceability:
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Broad claims covering the compound or composition can secure extensive protection but are often challenged for patentability based on prior art.
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Narrower process or use claims might be easier to defend but offer limited exclusivity.
Typical claims in South Korean pharma patents include both:
- Independent claims covering core inventions.
- Dependent claims elaborating specific embodiments or refinements.
Potential claim limitations:
- Priority and novelty requirements in South Korea may restrict claims if similar inventions existed prior to the filing date.
- Use of prior art references to narrow claims or argue invalidity.
Patent Landscape Surrounding KR102588499
1. Prior Art and Similar Patents in South Korea
South Korea boasts a rich patent environment for pharmaceuticals, with numerous patents filed annually. Key observations include:
- Existence of patents covering similar compounds or formulations.
- Active filing by major Korean companies like Hanmi, LG, and SK Bioscience.
- The presence of international patent applications under PCT that claim priority in Korea covering similar inventions.
For example, patents such as KR1023100000 series and WO patents (via PCT) may contain overlapping or interfering claims.
2. Global Patent Environment
Given the global nature of pharmaceutical development, KR102588499's scope may intersect with patents filed in:
- United States (USPTO).
- Europe (EPO).
- China (CNIPA).
- Japan (JPO).
Patent families often include claims that cover:
- Similar compounds with slight structural variations.
- Different formulations or delivery systems.
- Methods of production or treatment.
3. Patent Examination and Litigation Trends
Korean patent office (KIPO) is known for rigorous examination. Patents with broad claims are often challenged via:
- Invalidation proceedings based on existing prior art.
- Patent opposition or nullity suits.
- Patent amendments narrowing scope during prosecution.
Historically, successful enforcement remains challenging if prior art closely overlaps, but strategic claim drafting can mitigate risks.
Analysis of Patent Validity and Enforceability
Given the competitive landscape, the enforceability of KR102588499 hinges on:
- The novelty and inventive step of the claimed composition or method.
- Clear demarcation from prior art—both domestic and international.
- Robust patent prosecution strategy ensuring broad yet defensible claims.
In recent cases, Korean courts have upheld pharmaceutical patents with well-structured claims demonstrating unexpected advantages over prior art.
Potential Challenges and Opportunities
- Challenges: Risk of invalidation due to prior art disclosures or obviousness arguments; potential for patent workarounds using alternative compounds or methods.
- Opportunities: If claims are sufficiently narrow yet economically valuable, enforcement may secure exclusivity and market advantages.
Strategic patent portfolio management, including combination of composition, process, and use claims, strengthens enforceability.
Conclusion
Patent KR102588499 exemplifies Korean patent protection for innovative pharmaceuticals. Its scope likely includes composition, method of use, and manufacturing claims, crafted to cover a specific therapeutic invention. The patent landscape shows active competition, demanding precise claim drafting aligned with prior art to maximize enforceability.
For industry stakeholders, understanding KR102588499's scope aids in delineating freedom-to-operate and strategizing patent filing or litigation. Vigilant monitoring of similar patents and prior art remains essential for safeguarding market position.
Key Takeaways
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South Korean patent KR102588499 likely claims a novel pharmaceutical composition and its therapeutic application, with scope defined by the specific active ingredients, formulation, and method of use.
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The patent's strength depends on claim clarity, demonstrating inventiveness over prior art, and strategic narrowing to avoid foreseeable invalidation.
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The patent landscape in Korea is dynamic, characterized by numerous patents in the pharmaceutical sector; effective patent drafting and prosecution are vital.
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Enforcement success requires balancing broad claims with defensibility against invalidity challenges, especially given active patent filings by competitors.
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Continuous monitoring of existing patents, both domestically and globally, is crucial to prevent infringement issues and to leverage patent rights fully.
FAQs
1. How does KR102588499 compare to international patents covering similar drugs?
While specific claim details are proprietary, Korean patents often mirror international filings through PCT applications. Comparing claims involves analyzing structural similarities, therapeutic indications, and formulations across jurisdictions.
2. Can subsequent filings in Korea override prior art challenges to KR102588499?
Yes, through patent amendments or new filings with inventive step adjustments, applicants can strengthen or extend patent protection, provided they meet novelty and inventive step criteria.
3. Are there known legal challenges against KR102588499?
As of now, no publicly known court invalidation has been reported; however, patent challenges are common in the pharmaceutical field, requiring ongoing vigilance.
4. What strategies can competitors adopt to design around KR102588499?
Developing alternative compounds, changing delivery methods, or utilizing different therapeutic pathways can circumvent specific claims, provided they do not infringe existing patents.
5. How does the patent process in Korea influence pharmaceutical innovation?
The Korean patent system encourages innovation by offering strong exclusivity rights, provided inventors comply with strict examination standards and craft comprehensive claims.
References
[1] Korean Intellectual Property Office (KIPO). Patent Publication No. KR102588499, 2023.
[2] WIPO Patent Cooperation Treaty (PCT) applications related to pharmaceutical compositions.
[3] Korean patent landscape reports (2022).
