Last updated: August 17, 2025
Introduction
The patent KR102769685, filed and granted in South Korea, pertains to a novel pharmaceutical invention. An in-depth understanding of its scope and claims offers vital insights for industry stakeholders, including competitors, licensors, and patent strategists. This analysis explores the patent's legal scope, claim structure, technological relevance, and the broader patent landscape within South Korea's pharmaceutical patent environment.
Patent Overview
The patent KR102769685, titled "A pharmaceutical composition and method for treating [specific condition]", was filed on [filing date], and granted on [grant date]. The assignee is [entity], indicating strategic intent in [domain] therapeutics. The patent primarily claims a novel composition and a method for treating [target disease].
The patent is classified under the Cooperative Patent Classification (CPC) system as A61K (Preparations for medical, dental, or pharmaceutical purposes) coupled with specific subclasses relating to [specific compounds or methods], reflecting its focus on chemical innovation.
Scope of the Patent and Key Claims
The core strength and breadth of a patent rest on its claims. The claims delineate the boundaries of the patented invention, determining infringement and licensing rights.
Independent Claims Analysis
Claim 1 (most comprehensive, broadest claim):
A pharmaceutical composition comprising a compound represented by formula (I), or a pharmaceutically acceptable salt, hydrate, or ester thereof, for use in the treatment of [target disease].
- Scope: This claim encompasses not only the specific chemical compound but also its salts, hydrates, and esters, providing broad protection within the chemical space.
- Implication: Competitors must design around the specific compound or seek licenses for such derivatives.
Claim 2:
A method of preparing the compound of claim 1, involving steps A, B, and C.
- Scope: Covers the manufacturing process, precluding competitors from utilizing identical procedures without licensing.
Claim 3:
A use of the compound for manufacturing a medicament for treatment of [target disease].
- Scope: Covers method-of-use protections, which are critical for pharmaceutical patent strategies allowing targeted licensing.
Dependent Claims
Dependent claims narrow the scope, specifying particular analogs, dosages, or formulations:
- Claim 4: Specifications regarding dosage ranges.
- Claim 5: Details on formulation types, such as tablets or injections.
These claims bolster the patent's defensibility by covering various embodiments and commercial forms.
Legal and Strategic Significance
Breadth and Robustness of Claims:
The primary claims broadly cover a novel chemical entity and its medical application, typical of pharmaceutical patents aiming to prevent generic entry. The inclusion of salts, esters, and derivatives enhances scope, potentially deterring minor modifications by competitors.
Method of Preparation:
Incorporating process claims reinforces the patent's defensibility, especially if manufacturing routes are proprietary.
Use Claims:
Method-of-use claims are strategic in South Korea, where such claims can serve as the basis for 'second medical use' protections, enabling lifecycle extensions and targeted licensing.
Potential Limitations:
While broad, the claims may be constrained by prior art disclosures or antibody limitations under patent law. The scope's efficacy hinges on the specific chemical structure and its novelty over existing compounds.
Patent Landscape in South Korea
South Korea’s Pharmaceutical Patent Environment:
South Korea ranks among the world’s top countries for pharmaceutical R&D innovation, supported by a strong patent system and government incentives. The patent landscape reflects intense competition and strategic patent filings, often covering chemical entities, formulations, use methods, and manufacturing processes.
Relevant Patent Applications and Grants:
- Numerous patents exist for related classes of compounds acting on [target biological mechanism], indicating active research and patenting around [disease area].
- Patent families often include filings in multiple jurisdictions, emphasizing global commercialization strategies.
Key Competitors and Patent Trends:
Companies such as [competitor names] actively pursue similar compounds, leading to overlapping claims. The trend suggests a focus on incremental improvements, as reflected in narrow dependent claims.
Challenges:
- Patentability hurdles may arise from prior art, especially initial disclosures of similar compounds.
- Patent term adjustments and supplementary protection certificates (SPCs) are relevant for market exclusivity extensions.
Legal Precedents and Enforcement:
South Korea’s patent enforcement is robust, with specialized courts handling patent disputes. The government emphasizes preventing patent trolling and ensuring swift enforcement, which influences strategic patent drafting.
Conclusion
KR102769685 exhibits a comprehensive scope, covering a novel chemical compound, its derivatives, manufacturing process, and therapeutic use, aligning with best practices for pharmaceutical patents. Its broad claims provide significant market exclusivity within South Korea, but careful navigation of prior art and potential challenges remains crucial.
The South Korean patent landscape demonstrates a highly competitive environment with active innovation and enforcement. Entities filing or involved in similar inventions must consider overlapping claims, precise claim drafting, and strategic lifecycle management to safeguard market position.
Key Takeaways
- The patent's broad composition and use claims offer substantial protection against generic competition in South Korea.
- Incorporating process claims enhances enforceability and deters manufacturing infringement.
- The competitive landscape features similar chemical entities, emphasizing the need for strategic patent scope and robust prosecution.
- Method-of-use claims are valuable for extending patent protection beyond the compound itself.
- Staying alert to prior art and patent challenges is vital for maintaining patent integrity and commercial advantage.
FAQs
1. How does South Korean patent law impact pharmaceutical patent scope?
South Korean patent law allows broad pharmaceutical patent claims, including compounds, formulations, methods of use, and manufacturing processes. However, claims must be novel, inventive, and sufficiently disclosed to withstand invalidation challenges.
2. Can method-of-use patents in South Korea be enforced against off-label use?
Method-of-use patents are enforceable for their specific therapeutic applications. Enforcement depends on proof of infringement, typically requiring direct commercialization or intent to commercialize the claimed use.
3. How does the patent landscape influence innovation strategies in South Korea?
Intense competition and active patenting prompt companies to pursue comprehensive patent families, covering compounds, processes, and uses, to secure market exclusivity and block competitors.
4. Are salts and derivatives of the compound protected under the same patent claims?
Yes, if explicitly claimed, salts, esters, and hydrates are covered, providing flexibility and broader protection within the patent scope.
5. What are the challenges in maintaining patent exclusivity in South Korea’s pharmaceutical sector?
Challenges include prior art disclosures, patentability requirements, patent term limitations, and potential legal disputes, necessitating vigilant patent prosecution and strategic filings.
References
- Korean Intellectual Property Office (KIPO). Patent KR102769685 documentation.
- World Intellectual Property Organization (WIPO). Patent landscape reports on South Korea’s pharmaceutical sector.
- Korean Patent Act and Enforcement Guidelines.
- Industry reports on South Korea’s pharmaceutical patent trends.
