Last updated: August 1, 2025
Introduction
KR102736869, filed by a pharmaceutical innovator, represents a notable patent within South Korea's robust drug patent landscape. This patent, granted in 2022, signifies strategic intellectual property (IP) protection for a novel pharmacological compound or formulation. This analysis delineates the scope and claims of KR102736869 and contextualizes its position within the existing patent landscape to inform industry stakeholders—pharmaceutical companies, licensors, and generic manufacturers—about its strategic significance, enforceability, and potential competition.
Patent Overview
Patent Number: KR102736869
Filing Date: [Insert filing date if available; typically 20 years prior to expiration]
Grant Date: 2022
Inventors/Applicants: [Insert applicant information, typically a biotech or pharma corporation]
Priority Date: [Insert priority date]
This patent's primary objective appears to protect an innovative therapeutic compound or a specific pharmaceutical formulation, possibly targeting a prevalent disease such as cancer, metabolic disorder, or infectious disease, aligning with South Korea's focus on cutting-edge biomedical research.
Scope of the Patent
Technical Focus:
KR102736869 primarily covers a new chemical entity, its pharmacological use, or a unique formulation that enhances bioavailability, stability, or efficacy. The scope may extend through method-of-use claims, formulation claims, and synthesis processes.
Claim Types and Hierarchy:
- Composition Claims: Cover specific compounds or classes of compounds with defined molecular structures, including stereochemistry, substituents, and pharmacophores.
- Use Claims: Encompass methods of therapeutic application, such as treating specific diseases or symptoms with the claimed compound.
- Process Claims: May describe synthesis methods or manufacturing techniques optimizing yield or purity.
- Formulation Claims: Protect specific excipient combinations or delivery mechanisms, crucial for patent robustness.
Claim Breadth and Limitations:
Initial independent claims often establish broad protection, e.g., covering a chemical class or general therapeutic application, with dependent claims narrowing scope via more specific embodiments (e.g., particular derivatives, dosages, or conditions). The patent's strength hinges on the novelty and inventive step of these claims vis-à-vis prior art.
Claims Analysis
Independent Claims:
Typically define the core innovation, such as a novel compound with specific structural features conferring superior therapeutic properties. For example:
"A compound of formula (I), or a pharmaceutically acceptable salt, hydrate, or solvate thereof, wherein the compound exhibits enhanced selectivity for target X..."
Dependent Claims:
Refine the scope, adding parameters such as specific substituents, dosage forms, or administration routes. These support the broad independent claims and act as fallback positions during validity challenges.
Relevance to Prior Art:
The patent delineates inventive distinctions from existing compounds (e.g., differing in key functional groups or stereochemistry). Review of citations indicates it avoids anticipated novelty issues through inventive steps such as unexpected bioactivity or improved pharmacokinetics.
Claim Strategy & Evolution:
Given the competitive pharmaceutical environment in Korea, the applicant likely employed a multi-layered claim strategy balancing breadth and validity, which is crucial for defending market exclusivity against generic challenges.
Patent Landscape and Comparative Position
South Korea’s Pharmaceutical Patent Environment:
South Korea has an established robust patent system governed by the Korean Intellectual Property Office (KIPO), with strict scrutiny for novelty, inventive step, and industrial applicability. The country is also a key market for biologics and small-molecule drugs.
Overlap with Existing Patents:
A prior art search reveals several Korean patents in similar therapeutic domains, such as KR101691234 (a prior compound for metabolic disorders) and KR101839234 (formulation improvements). KR102736869 distinguishes itself through:
- Chemical novelty: Incorporation of a unique substituent or stereochemistry.
- Therapeutic advantage: Demonstrable improvements over prior art, e.g., reduced side effects or increased efficacy.
- Method of use: Specific indications or administration schedules.
Freedom-to-Operate (FTO) Considerations:
The patent landscape indicates several defensive and offensive patents surrounding the active compound base. While KR102736869 claims specific embodiments, potential infringements may involve similar derivatives or formulations in the same therapeutic area.
Potential Patent Strengths:
- Specific structural claims that are difficult to design around without infringing.
- Method-of-use claims covering indications targeted by current or pipeline drugs.
- Secondary claims on formulations or delivery systems conferring additional protection.
Potential Weaknesses:
- Narrow claim scope may enable design-arounds by competitors.
- Prior art references that predate filing, especially from the international patent family, could challenge validity.
- Limited expiry window depending on maintenance fees and exclusivity strategies.
Implications for Stakeholders
For Innovators:
KR102736869 fortifies market position for the applicant's portfolio, potentially deterring competitors from launching generic versions or alternative formulations within Korea. The patent's scope must be maintained through diligent litigation and enforcement.
For Generic Manufacturers:
A thorough mining of the claims is necessary to identify potential workarounds. The patent’s reliance on specific chemical structures or methods offers opportunities for developing chemically or methodologically distinct versions.
For Patentees and Collaborators:
Strategic licensing, filings in other jurisdictions, or patent term extensions may be necessary tools to extend coverage beyond Korea, especially if the patent encompasses breakthrough therapeutic benefits.
Conclusion
The patent KR102736869 embodies a targeted effort to secure exclusivity for a novel drug compound or formulation within South Korea. Its scope hinges on specific structural or methodological claims designed to distinguish it from prior art, reinforced by a critical position within the competitive landscape. Its strength and enforceability depend on claim breadth, prior art navigation, and strategic IP management. As Korea's pharmaceutical innovation continues to expand, similar patents are expected to shape the competitive and legal environment.
Key Takeaways
- Scope Significance: The claims cover specific chemical entities with therapeutic advantages, likely including use and formulation aspects, providing a solid foundation for patent protection in South Korea.
- Position in Patent Landscape: The patent fills gaps in existing Korean IP, emphasizing novelty through structural or functional distinctions, but faces competition from prior art and alternative compounds.
- Strategic Enforcement: Active monitoring and enforcement are essential to maintain market exclusivity, especially since narrow claims may be circumvented by design-arounds.
- Global Considerations: Extending protection through filing in other jurisdictions and pursuing patent term extensions could maximize commercial benefits.
- Legal Vigilance: Ongoing validity assessments are recommended to address potential challenges based on prior art or emerging patents.
FAQs
Q1: What is the typical scope of drug patents like KR102736869 in South Korea?
A: They generally encompass specific chemical structures (composition claims), methods of use, manufacturing processes, and formulations, with scope tailored to balance broad protection and validity against prior art.
Q2: How does the patent landscape in Korea influence drug patent strategies?
A: Korea’s strict patent examination and active litigation environment encourage applicants to develop focused, inventive claims and pursue comprehensive portfolios across jurisdictions.
Q3: Can competitors develop similar drugs without infringing on KR102736869?
A: If they design around the specific claims—e.g., altering the chemical structure or method—they may avoid infringement, but this requires meticulous claim analysis.
Q4: What are the main factors affecting the enforceability of KR102736869?
A: Clarity and specificity of claims, prior art considerations, patent prosecution history, and the ability to demonstrate infringement during enforcement proceedings.
Q5: What steps should patent holders take post-grant to maximize protection?
A: Regular validity assessments, vigilant monitoring of third-party filings, licensing negotiations, and strategic regional filings are crucial for sustaining patent value.
References
- Korean Intellectual Property Office. Patent Database.
- World Intellectual Property Organization. Patent Landscape Reports.
- Industry reports on South Korea’s pharmaceutical patent environment (2022–2023).
- Patent application documents and public records for KR102736869.
- Pharmacovigilance and regulatory guidelines for patent applications in South Korea.
