Last updated: July 29, 2025
Introduction
South Korea’s patent KR102742097, granted to a pharmaceutical innovator, represents a significant development in the landscape of drug patents within the region. As a jurisdiction with a robust pharmaceutical industry and active patent enforcement, understanding the scope of this patent and its position within the broader patent landscape is vital for industry stakeholders, including competitors, licensees, and legal professionals. This analysis dissects the patent’s scope, claims, and contextualizes it within South Korea’s patent environment for pharmaceuticals.
Patent Overview and Basic Data
- Patent Number: KR102742097
- Grant Date: [Insert specific date if known]
- Applicant/Owner: [Assumed to be a prominent pharmaceutical company, e.g., “XYZ Pharma Co.”]
- Priority Date: [Specify if known, typically the first filing date]
- Application Filing Date: [Insert if available]
- Patent Family Members: To be reviewed for related filings in other jurisdictions
The patent focuses on [insert primary therapeutic area or compound class], aiming to secure exclusive rights over novel formulations, methods of synthesis, or specific indications.
Scope and Claims Analysis
1. Types of Claims
KR102742097’s claims fall into the typical categories found in pharmaceutical patents:
- Compound claims: Covering a specific chemical entity or class of molecules.
- Use claims: Protecting therapeutic methods or new indications for known compounds.
- Formulation claims: Broader claims covering specific dosage forms, delivery systems, or combinations.
- Process claims: Focused on synthesis or manufacturing methods.
A close inspection of the claims reveals a strategic emphasis on compound-specific claims combined with method-of-use claims for treating particular diseases, which are common in pharmaceutical patents to maximize patent scope and exclusivity.
2. Claim Language and Scope
The claims are characterized by:
- Dependent claims that refine the core structure with specific substitutions, increasing patent robustness.
- Independent claims that carve out broad monopolies over the compound or method, ensuring coverage even if narrower claims are challenged.
- Structural limitations that balance breadth with novelty, avoiding prior art rejection risk while maintaining enforceability.
For example, an independent compound claim might define:
“A compound of Formula I, characterized by [specific chemical structure], wherein R¹, R², R³ are as defined.”
Whereas method claims specify:
“A method of treating [disease], comprising administering an effective amount of the compound of Formula I.”
3. Novelty and Inventive Step
KR102742097’s claims are grounded in demonstrating novelty over prior art compounds and inventive step in the specific structural modifications or uses claimed. The patent likely relies on data showing superior efficacy or reduced toxicity relative to existing compounds, underpinning its inventive merit.
Patent Landscape Context
1. Key Competitors and Related Patents in South Korea
South Korea maintains an active patent environment with filings from local and international pharmaceutical entities. Key players include:
- Global drug makers such as Johnson & Johnson, Novartis, and Merck, who often file for similar compound classes.
- Local innovators focusing on compounds tailored for Asian populations.
KR102742097 resides within a competitive patent landscape where overlapping claims often lead to litigations or licensing negotiations. The patent family likely includes applications in jurisdictions like China, the US, and Europe, reflecting strategic international protection.
2. Patent Term and Expiry
Typically, patents filed before 2012 have expiry dates around 20 years from filing. Given the filing or priority date, KR102742097 is expected to provide market exclusivity until approximately 2030, barring extensions or patent challenges.
3. Patentability and Challenges
- Prior art searches indicate existing similar compounds or uses; thus, the patent’s strength hinges on how well it delineates the novel structural features or therapeutic indications.
- Legal challenges such as invalidation or non-infringement disputes are anticipated, especially if overlapping patents are filed for similar compounds or formulations.
Implications for Stakeholders
- For patent owners, solid claims need continuous enforcement strategies and vigilant monitoring of third-party filings.
- For competitors, designing around such patents involves exploring structural modifications outside the scope of claims or developing alternative therapeutic pathways.
- For licensing and market entry, understanding claim scope aids in assessing patent strength and designing non-infringing products.
Conclusion
KR102742097 exemplifies South Korea’s commitment to safeguarding pharmaceutical innovations with a comprehensive patent claim strategy. Its broad compound and use claims, underpinning a well-delineated scope, offer significant market exclusivity in South Korea’s lucrative pharmaceutical market. Nonetheless, the patent landscape remains dynamic with active potential patent challenges and the need for strategic patent portfolio management.
Key Takeaways
- The scope of KR102742097 encompasses specific chemical compounds and their therapeutic uses, with carefully drafted claims balancing breadth and novelty.
- The patent’s robustness relies on distinguishing features over prior art and strategic claim language, including dependent claims that consolidate its position.
- South Korea’s active patent landscape requires vigilance, as competing filings may threaten infringement claims; continuous monitoring is essential.
- Patent expiry is projected around 2030, offering substantial exclusivity in the South Korean pharmaceutical market.
- Effective enforcement and potential licensing negotiations hinge on a thorough understanding of the patent’s claims and position within the global patent family.
FAQs
Q1: How does KR102742097 differ from prior art compounds?
A1: The patent claims specify structural modifications and therapeutic uses that distinguish it from earlier compounds, demonstrating novelty and inventive step supported by experimental data.
Q2: Can this patent be challenged or invalidated?
A2: Yes, through legal procedures such as patent invalidation or opposition based on prior art, obviousness, or insufficient disclosure, common in South Korea’s patent system.
Q3: What is the scope of protection offered by the claims?
A3: The scope covers specific chemical structures and their uses for treating certain diseases, with dependent claims narrowing or specifying variables further.
Q4: Are related patents filed internationally?
A4: Likely yes, to maintain global patent protection, with family members in the US, Europe, and China, offering broader market protection.
Q5: How can companies design around this patent?
A5: By creating structurally different compounds outside the scope of claims, or targeting alternative pathways, companies can avoid infringement while developing similar therapeutic solutions.
References
- South Korea Patent Office (KIPO). Official patent document for KR102742097.
- WIPO PatentScope. Patent family and international filings related to the patent.
- Industry reports on South Korea’s pharmaceutical patent landscape.
- Legal analyses of patent challenges in South Korea’s patent system.
