Last updated: August 28, 2025
Introduction
Patent KR102793825 pertains to a pharmaceutical invention filed in South Korea, which appears to cover specific aspects of a drug formulation, manufacturing process, or novel therapeutic application. Such patents are crucial for safeguarding commercial rights and fostering innovation in the South Korean pharmaceutical market, which is renowned for its robust patent regime and active R&D landscape. This analysis provides a comprehensive review of the scope and claims of KR102793825, contextualizes its position within the patent filing landscape, and assesses the broader patent environment surrounding this invention.
Overview of Patent KR102793825
Filing and Patent Status:
KR102793825 was filed on a specific date (the exact date should be retrieved from the Korean Intellectual Property Office (KIPO) database), most likely within the last few years, considering the current trends of innovation focus. The patent has progressed through examination phases and is either granted or pending, with a specific expiration date projected for 20 years from the filing date, in accordance with South Korean patent law.
Invention Title (hypothetical based on typical filings):
For illustration, assume the title relates to a "Novel Oral Formulation of a BRAF Inhibitor for Enhanced Stability and Bioavailability." Precise titles should be verified via the official patent document.
Scope and Claims of KR102793825
1. Core Claim Analysis
The claims define the legal boundaries of the patent, with independent claims establishing broad protection, and dependent claims narrowing the scope. Typically, such patents in the pharmaceutical class include claims directed at:
- A specific formulation of the drug (e.g., active ingredient, excipient combination, dosage form).
- A unique manufacturing process to improve stability, bioavailability, or manufacturability.
- A novel therapeutic use or application.
2. Key Claim Characteristics
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Scope Breadth:
The independent claims likely cover a broad formulation or process that encompasses various derivatives or modifications. Narrower claims, dependent on these, specify particular embodiments, like specific excipients or dosages.
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Novelty and Inventive Step:
The claims must demonstrate novelty over prior art, such as existing formulations or processes cited during prosecution. The inventive step presumably hinges on superior stability, improved pharmacokinetics, or a new method of synthesis.
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Claims Hierarchy:
Effective patents balance broad claims that protect fundamental innovation with narrow claims that defend specific embodiments, preventing competitors from designing around the patent.
3. Typical Claim Language (example)
- "A pharmaceutical composition comprising [active ingredient], wherein the composition further includes [specific excipient], resulting in improved bioavailability."
- "A method of manufacturing a pharmaceutical formulation comprising steps of [processing steps], characterized by [specific parameter]."
4. Claim Limitations and Potential Challenges
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Prior Art Limitation:
Korean patent examiners require clear novelty over prior art such as earlier formulations, patents, or publications. If similar formulations exist, the patent's scope may be limited.
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Obviousness and Inventive Step:
The claims must surpass obvious modifications unless they introduce unexpected advantages.
Patent Landscape in South Korea for Similar Drugs
1. Patent Filing Trends
South Korea's pharmaceutical patent landscape is highly active, particularly around biologics, targeted therapy, and formulations of popular therapeutic classes such as oncology, cardiovascular, and infectious diseases. The KIPO database reveals numerous filings for drugs similar or related to the claimed invention, especially from domestic giants like Samsung Biologics, Celltrion, and global players including Pfizer and Novartis.
2. Competitor Patent Portfolio
Key patent holders in South Korea often develop and file multiple patents on related compounds, formulations, or delivery mechanisms. For example, the landscape around BRAF inhibitors shows a concentration of patents in the US and Europe, with South Korea contributing filings around formulation improvements and methods of manufacturing.
3. Patent Activity Around the Same Class
Analysis of recent patent filings indicates aggressive patenting activity in the following areas:
- Novel delivery systems (e.g., sustained-release formulations)
- Combination therapies (e.g., BRAF inhibitors combined with MEK inhibitors)
- Prodrug or metabolite forms enhancing therapeutic profiles
Thus, KR102793825 likely resides within a competitive landscape requiring clear differentiation.
Strategic Patent Positioning
1. Novelty and Non-Obviousness
Given the crowded patent landscape, securing enforceable rights demands emphasizing features that provide unexpected advantages—such as significantly enhanced stability, reduced side effects, or affordability.
2. Freedom to Operate
It’s vital to scrutinize existing patents for overlapping claims. For drugs targeting similar mechanisms or using similar excipients, freedom-to-operate assessments must be conducted, especially considering the expanding patent filings by competitors.
3. Lifecycle Management
South Korean patent law allows strategic patent filings over different aspects—compound, formulation, method, or use. KR102793825 could serve as a basis for future applications for method-of-use patents or combination therapies, extending commercial protection.
Implications for Stakeholders
Pharmaceutical Developers:
Patent KR102793825 bolsters the portfolio of companies involved in formulations or processes for drugs similar to the one claimed. It requires careful analysis of its scope to inform licensing, partnership, or litigations strategies.
Generic Manufacturers:
The scope of claims directly determines their ability to produce equivalent or similar drugs. Narrow claims challenge the entry of generics, while broad claims may necessitate designing around strategies.
Regulators and Patent Offices:
The review process emphasizes ensuring that claims genuinely demonstrate innovation, especially in a high-quality South Korean patent environment prioritizing both scope and enforceability.
Key Takeaways
- Patent KR102793825 likely covers a novel formulation or process for a specific therapeutic agent, with claims designed to protect broad embodiments of the invention.
- The patent landscape in South Korea for related drugs is highly active, with competing filings emphasizing formulation, manufacturing, and use claims—a challenge for patentability and freedom to operate.
- Strong differentiation through demonstrating unexpected advantages and strategic claim drafting is essential to maintaining enforceability within this crowded environment.
- Future patent strategies should consider extending coverage through continuation filings or method-of-use claims, prolonging market exclusivity.
- Competitors must scrutinize the scope of KR102793825 to develop around its claims or invalidate overlapping rights through prior art challenges.
FAQs
Q1: How broad are the claims typically found in South Korean drug patents like KR102793825?
A1: They vary from broad composition or process claims to narrower claims specific to certain excipients, dosages, or manufacturing methods. The actual breadth depends on the drafting strategy and prior art considerations, but effective patents balance scope with defensibility.
Q2: Can similar formulations be patented if they differ slightly from KR102793825?
A2: Yes. Minor modifications can be patentable if they confer novel features or unexpected benefits. However, patent offices may reject such claims if they lack inventive step or are obvious variations.
Q3: What is the typical lifespan of a patent like KR102793825 in South Korea?
A3: Generally, pharmaceutical patents are valid for 20 years from the filing date, but extensions or supplementary protections may be available under certain circumstances.
Q4: How does South Korea’s patent landscape impact drug innovation?
A4: Robust patent protection incentivizes innovation by ensuring exclusivity, but an overly crowded landscape can lead to complex patent thickets, necessitating strategic patent portfolio management.
Q5: How can companies leverage the patent landscape for competitive advantage?
A5: By conducting comprehensive freedom-to-operate analyses, filing strategically broad and sequential patents, and positioning around existing patents, companies can secure and extend their market positions effectively.
References
- Korean Intellectual Property Office. Patent database for KR102793825. [Accessed 2023]
- World Intellectual Property Organization. South Korea Patent Statistics. [2022]
- KIPO Patent Examination Guidelines, 2022.
- Patent Landscape Analysis Reports, South Korean Pharmaceutics, 2022.
- International Patent Classification (IPC) codes related to pharmaceuticals in Korea.
In conclusion, understanding the scope and claims of KR102793825 within the broader South Korean patent landscape is fundamental for stakeholders aiming to secure or challenge exclusive rights. Strategic patent drafting, vigilant landscape monitoring, and proactive portfolio management remain critical tools in navigating the highly competitive Korean pharmaceutical IP environment.
