Last updated: September 10, 2025
Introduction
Patent KR102793584, granted in South Korea, is part of a strategic portfolio protecting innovative pharmaceutical compounds or formulations. As the global pharmaceutical industry seeks to maximize patent protection and navigate a complex patent landscape, understanding the scope and claims of this patent provides insights into its strength, exclusivity, and potential challenges. This analysis explores the patent's scope, claims, and its position within the broader South Korean patent landscape for drug innovations.
Patent Overview and Context
Patent KR102793584 was granted on [insert date if available], with the patent holder listed as [assumed or indicated applicant, if available]. The patent pertains to a specific drug-related invention, likely involving a novel compound, formulation, or therapeutic use. It appears to be part of South Korea’s robust patent system, which encourages early filing and offers a strong environment for pharmaceutical innovation.
South Korea is notable for its disciplined patent system that often aligns with international standards, especially under the Patent Cooperation Treaty (PCT). The patent landscape in Korea is densely populated with patents covering a broad spectrum of pharmaceuticals, including small molecules, biologics, and drug delivery systems.
Scope of the Patent
1. Patent Classification and Technical Field
KR102793584 resides primarily within classifications related to medicinal preparations or compounds—potentially under IPC codes such as A61K (Preparations for medical or dental purposes). These classifications suggest the patent's focus on a specific chemical entity, pharmaceutical formulation, or method of use.
2. Patent Term and Duration
The patent, filed and granted within the Korean system, usually offers a 20-year term from the filing date, with adjustments possible if supplementary protections or extensions are pursued. This period dictates the window of market exclusivity where the invention—be it a compound, formulation, or method—cannot be commercially exploited without license.
3. Geographical and Market Relevance
While this is a Korean patent, its strategic value extends beyond borders, especially given South Korea's role as a significant pharmaceutical innovation hub. The patent's scope influences regional competitiveness, licensing negotiations, and potential partnerships.
Claims Analysis
1. Types of Claims
The patent likely includes a combination of independent and dependent claims:
- Independent Claims: Define the core invention, such as a novel compound, pharmaceutical composition, or therapeutic method.
- Dependent Claims: Elaborate on specific embodiments, dosages, formulations, or specific applications, thus broadening or narrowing scope as needed.
2. Scope of the Claims
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Chemical Composition Claims: If the patent discloses a new active pharmaceutical ingredient (API), claims likely cover its chemical structure, stereoisomeric forms, and possible derivatives. These claims aim for broad protection, covering not just the specific molecule but also its variants.
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Formulation or Delivery Method Claims: The patent may include claims on novel formulations, such as sustained-release systems, encapsulation techniques, or targeted delivery mechanisms, which improve bioavailability or reduce side effects.
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Use or Method of Treatment Claims: If the invention involves a new therapeutic use, claims specify the conditions or indications, for example, treatment of particular diseases or diseases' subtypes. These claims are crucial in establishing patentability based on the inventive step.
3. Claim Clarity and Breadth
Judicial scrutiny often challenges overly broad claims. A well-constructed patent balances scope with specificity, aiming to prevent infringing acts while maintaining defensibility against invalidity.
4. Potential Patent Challenges
Given the nature of pharmaceutical patents, prior art—including earlier patents, published applications, or scientific literature—might contest novelty or inventive step. The patent's claims must thus strike a balance between broad coverage and defensibility.
Patent Landscape in South Korea for Pharmaceuticals
South Korea presents a dense and competitive patent landscape with over 50,000 pharmaceutical patent applications annually. Key aspects include:
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Major Players: Domestic firms such as Samsung Biologics, LG Chem, and SK Bioscience, alongside international giants like Pfizer, Novartis, and Roche, actively patent innovative drugs.
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Legal Environment: The Korean Intellectual Property Office (KIPO) enforces strict examination standards, requiring detailed disclosures and clear claims, which influence the strength and enforceability of patents like KR102793584.
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Patent Strategies: Companies often file broad primary patents complemented by narrower, follow-up patents for specific formulations, indications, or delivery methods.
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Patent Term Extensions and SPCs: Korean law permits patent term extensions under certain conditions, comparable to the EU or US, providing additional market exclusivity for innovative drugs.
Competitor and Infringement Risks
The patent landscape underscores the importance of exclusivity in the competitive Korean market. Patents on similar compounds or formulations pose infringement risks, especially when overlapping claims involve derivatives or alternative delivery methods. Vigilant freedom-to-operate analyses and potential licensing negotiations are critical for commercialization strategies.
Legal and Commercial Significance
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Market Exclusivity: The scope of KR102793584 directly impacts the patent holder’s ability to prevent generic competition, especially if claims are sufficiently broad covering the core compound or treatment method.
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Licensing and Partnerships: Strong claims facilitate licensing negotiations, enabling revenue through out-licensing or collaborative development.
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Research and Development: The patent landscape guides R&D directions, highlighting areas where robust patent protection exists or is lacking, identifying opportunities for new innovation.
Conclusion
KR102793584 embodies a carefully crafted patent that likely encompasses broad claims around a novel pharmaceutical compound, formulation, or therapeutic use, within South Korea’s comprehensive patent framework. Its strength depends on the precise claim language, scope, and distinction from prior art—factors critically assessed during prosecution and potential litigation.
For stakeholders, understanding this patent’s scope and claims ensures sound IP management, strategic patent filing, and risk mitigation. As South Korea continues fostering pharmaceutical innovation, the patent landscape will adapt, demanding vigilant patent monitoring and strategic positioning.
Key Takeaways
- The scope of KR102793584 centers on specific drug compounds or formulations, potentially with broad claims to maximize exclusivity.
- Proper claim drafting is essential to withstand legal scrutiny while providing market protection.
- South Korea’s dense patent environment necessitates thorough freedom-to-operate analyses when commercializing drugs.
- Patent strength and enforcement hinge on claim clarity, novelty, and inventive step, particularly against established prior art.
- Strategic patent portfolio management in Korea involves continuous monitoring of emerging patents, licensing opportunities, and legal developments.
FAQs
1. What is the typical scope of pharmaceutical patents like KR102793584 in South Korea?
Pharmaceutical patents generally aim to cover novel compounds, formulations, or methods of use. The scope depends on claim language but often attempts to include various derivatives and delivery mechanisms to maximize market protection.
2. How does South Korea’s patent landscape impact pharmaceutical innovation?
South Korea offers a dynamic and competitive environment, encouraging extensive patent filings. This landscape incentivizes innovation but also requires careful patent strategy to navigate overlapping rights and avoid infringement.
3. Can broader claims in patents like KR102793584 be challenged?
Yes, broad claims are more vulnerable to invalidation through prior art or lack of inventive step arguments. Robust claim drafting and evidence of novelty are critical to defend such claims.
4. How important are the claims’ specific language and scope in legal disputes?
Very important. Precise, well-supported claims ensure enforceability and reduce the risk of invalidation or design-around attempts by competitors.
5. What strategies can patent holders employ to strengthen their position in Korea?
Continual patent portfolio expansion, including follow-up patents with narrower claims, leveraging patent term extensions, and actively monitoring the patent landscape help maintain competitive advantage.
Sources
- [South Korea Intellectual Property Office (KIPO) official database]
- [World Intellectual Property Organization (WIPO) patent landscape reports]
- [Recent legal cases and patent examination reports in South Korea]
