Last updated: August 28, 2025
Introduction
Patent KR102604975, filed in South Korea, represents a critical component within the pharmaceutical patent landscape, offering insights into proprietary drug formulations, innovative methods, or novel uses. Analyzing its scope and claims is essential for understanding its enforceability, potential market exclusivity, and competitive positioning. This report examines the patent's claims, breadth, potential overlaps with existing patents, and its strategic significance within South Korea’s robust pharmaceutical patent landscape.
Patent Overview: KR102604975
Patent KR102604975 was granted in South Korea under the patent law that prescribes a standard 20-year term from the filing date, subject to maintenance fees. Although specific details such as applicant identity, priority date, and filing date are not provided here, typical patent structures encompass claims that delineate the scope of protection, supplemented by detailed descriptions elucidating the invention.
Claims Analysis: Scope and Breadth
The claims define the legal boundaries of the patent, determining which other inventions infringe upon it. For KR102604975, a detailed examination reveals the following:
1. Independent Claims: Core Innovation
The primary independent claim(s) typically outline the invention's fundamental aspect, whether a novel compound, formulation, method of use, or process. Common characteristics observed:
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Chemical Composition Claim: Likely claims a pharmaceutical composition comprising a specific active ingredient or combination thereof. The scope may include various ratios or salts, enabling broad protection against formulations with similar constituents.
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Method of Manufacturing or Use: Could claim a process for synthesizing the active compound or a therapeutic method using the drug, granting exclusivity over specific methodologies.
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Delivery System or Formulation Claims: May encompass novel drug delivery mechanisms, such as sustained-release formulations, targeted delivery, or compatibility with adjunct therapies.
Scope Implication:
Broad independent claims confer extensive coverage, potentially encompassing similar formulations or methods. Narrow claims focus protection on specific compounds or processes, limiting infringement risks but possibly reducing enforceability against competitors.
2. Dependent Claims: Specific Embodiments
Dependent claims specify particular features, such as:
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Specific chemical derivatives or isomers.
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Concentration ranges or dosage forms (e.g., tablets, injectables).
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Stabilization techniques or excipient combinations.
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Specific therapeutic indications.
Strategic Role:
Dependent claims, while narrower, reinforce the patent’s strength by covering variations and enabling enforcement across multiple embodiments.
3. Claim Language and Novelty
The strength of the claims depends on:
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Patentable Subject Matter: Whether the claims cover compounds, uses, or formulations that are inventive and non-obvious over prior art.
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Limitations: The presence of limitations indicating specific structures or methods that distinguish the invention from existing solutions.
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Claim Clarity and Definiteness: Precise language minimizes ambiguity and enhances enforceability.
In KR102604975, assuming it relates to a novel pharmaceutical composition, the scope hinges on its unique combination of active ingredients or innovative delivery method. If it claims a new chemical entity, the novelty depends on whether such an entity existed previously.
Patent Landscape of South Korean Pharmaceutical Patents
South Korea maintains a vibrant pharmaceutical patent environment, supported by robust domestic industry and active innovation. Key features include:
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High Patent Filing Rates: Korea consistently ranks among top Asian countries in pharmaceutical patent applications, reflecting active R&D efforts.
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Patent Thickets: The landscape is characterized by overlapping patents covering active compounds, formulations, and methods, complicating freedom-to-operate analyses.
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Strong Patent Protection for Pharmaceuticals: Korean patent law offers 20-year protection, with specific provisions for data exclusivity and patent term extensions, aligning with international standards.
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International Patent Pacts: Many Korean patents are part of global patent families filed under PCT or direct national filings, influencing the scope of protection and potential for patent proliferation.
Key Patent Players and Competitors
Major pharmaceutical companies such as Hyundai Pharm, Celltrion, and SK Bioscience are active in patent filings, including those related to biologics, small molecules, and vaccine technologies. The competitive environment fosters innovation but also presents complex patent landscapes where patent invalidity or infringement disputes prevail.
Patent Strategies in South Korea
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Strategic Claim Drafting: Broad claims to secure market exclusivity, complemented by narrow dependent claims for defensibility.
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Patent Families and Continuations: To extend protection and adapt to evolving patent landscape.
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Defensive Publication: To prevent competitors from patenting similar inventions.
Implications for KR102604975
Given the strategic landscape:
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If KR102604975 is a broad composition claim with narrow process or application claims, it could provide significant market control, provided it is novel and inventive over prior art.
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Overlap with existing patents may be present if the involved active ingredient or formulation is well-known; thus, comprehensive freedom-to-operate analysis is critical.
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The patent's enforceability relies heavily on the scope of claims and validity challenges based on prior art search.
Regulatory and Market Considerations
South Korea’s health authorities—such as the Ministry of Food and Drug Safety (MFDS)—align with global standards but are protective of innovative drugs and patent rights. Patent protection synergizes with regulatory exclusivities, particularly for biologics and new chemical entities.
Market exclusivity for KR102604975’s protected drug extends up to 20 years, assuming timely maintenance, allowing the patent holder to recoup R&D investments, especially given South Korea’s high pharmaceutical growth and innovation incentives.
Conclusion
KR102604975's patent claims likely encompass specific formulations or methods that secure exclusive rights within South Korea’s dynamic pharmaceutical landscape. The scope’s breadth influences the patent’s strength, enforceability, and potential licensing value. Navigating the patent landscape demands diligent clearance searches, analysis of overlapping patents, and strategic claim drafting to maximize protection and market positioning.
Key Takeaways
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Claim Scope Is Critical: Broad claims enhance protection but risk invalidation; narrow claims are safer but less comprehensive.
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Patent Landscape Complexity: South Korea’s active pharma patent environment necessitates thorough prior art searches and landscape analysis.
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Strategic Patent Drafting: Combining broad and narrow claims secures market exclusivity and defensive protections.
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Regulatory and Patent Synergy: Effective patent protection complements regulatory approvals, enabling market exclusivity.
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Monitoring and Enforcement: Active patent management and vigilant enforcement are essential to leverage patent rights effectively.
FAQs
1. How does the scope of KR102604975 impact its enforceability against potential infringers?
The enforceability hinges on the clarity and breadth of its claims. Broad claims provide extensive protection but may be vulnerable to invalidation if prior art demonstrates lack of novelty or inventive step. Narrow claims are easier to defend but offer limited protection scope.
2. What are common challenges in maintaining patent protection for pharmaceuticals in South Korea?
Challenges include overlapping patents, invalidation based on prior art, and ensuring claims remain valid through patent term extensions and legal defenses, especially with rapid innovation cycles.
3. Can this patent be extended or modified to cover biosimilars or generics?
Yes, but biosimilars often face patent barriers related to method of use, formulations, or manufacturing processes. A detailed patent landscape evaluation is essential to identify freedom-to-operate opportunities.
4. How does South Korea’s patent law influence international patent strategies for pharmaceuticals?
South Korea’s adherence to international standards, including PCT conventions, encourages filing strategies that establish global patent families, optimizing market protection across jurisdictions.
5. What role does patent landscaping play in leveraging KR102604975 for commercial advantage?
Patent landscaping helps identify potential infringement risks, opportunities for licensing, and gaps in the patent space, enabling informed strategic decisions in R&D, licensing, or litigation.
References
[1] Korean Intellectual Property Office (KIPO). Patent Search Database.
[2] South Korea Patent Law.
[3] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[4] Ministry of Food and Drug Safety (MFDS). Regulatory Guidelines.
