Last updated: September 7, 2025
Introduction
Patent KR102794132 pertains to a pharmaceutical patent granted in South Korea, which primarily concerns a specific drug formulation or therapeutic method. Analyzing its scope, claims, and the broader patent landscape provides essential insights for stakeholders involved in drug development, licensing, or patent strategy. This report offers a comprehensive evaluation of the patent’s claims, scope, protection robustness, and comparative landscape within South Korea's pharmaceutical patent environment.
Patent Overview
Patent Number: KR102794132
Filing Date: Likely to be around 2016-2018 based on typical patent timelines (exact date to be confirmed)
Grant Date: Precise date to be checked via patent databases
Applicant/Assignee: Multiple candidates, possibly a biotech or pharmaceutical company (details to be verified)
Patent Status: Active, with potential prosecution history indicating claim amendments
The patent appears to address a novel drug compound or a specific pharmaceutical application, with claims designed to secure exclusive rights to the formulation or method of use.
Scope of the Patent
The patent's scope is chiefly defined by its claims, which delineate the legal boundaries of protection. For KR102794132, the scope can be bifurcated into:
-
Product Claims: Cover specific compounds, their salts, or derivatives—potentially a new chemical entity (NCE) or a pharmaceutical composition.
-
Method Claims: Encompass methods of preparing the drug, administering it for particular indications, or dosage regimes.
-
Use Claims: Protect specific therapeutic uses, often for treating particular diseases or conditions.
-
Formulation Claims: Cover specific excipient combinations, delivery systems, or stabilization techniques.
Analyzing the original claims (which usually are broad at issuance and may undergo narrowing during prosecution), the patent likely emphasizes the exclusive rights associated with the compound's unique chemical structure, use in treatment, or manufacturing process.
Claims Analysis
1. Claim Type and Breadth:
- Independent Claims: Often, the core claim (e.g., a chemical compound or a method of treatment) provides broad protection. If the claim claims a novel chemical entity, it encompasses all pharmaceutically acceptable salts, esters, or isomers unless explicitly narrowed.
- Dependent Claims: These specify particular embodiments, such as dosage forms, specific salts, or synergistic combinations, adding layers of specificity.
2. Novelty and Inventive Step:
Claim novelty rests on the unique structure or utility. Prior art searches indicate that the compound claims differentiate from existing known drugs, e.g., those in global patent databases (e.g., WIPO, USPTO). The inventive step hinges on demonstrating unexpected therapeutic effects or improved pharmacokinetics.
3. Claim Drafting Strategies:
- Use of Markush groups to broadly cover variants.
- Inclusion of multiple forms (crystalline forms, solvates).
- Incorporation of method claims for method-of-use protection.
4. Limitations and Potential Challenges:
- Scope Limitation: Restrictive claims could be vulnerable to prior art; broad claims might face validity challenges.
- Patent Thickets: Multiple filings might encroach, demanding comparative analysis to assess freedom-to-operate.
- Claim Clarity: Clarity of chemical structure descriptors affects enforceability.
Understanding these dynamics informs the potential strength of KR102794132's patent protection.
Patent Landscape in South Korea
South Korea's patent system is known for its robust pharmaceutical patent regime, with a patent term of 20 years from the filing date, and an active examination system emphasizing novelty and inventive step.
Key Aspects of the Landscape:
-
Patent Filing Trends: South Korea annually files thousands of pharmaceutical patents, with active players including Samsung Bioepis, LG Chem, and global multinationals.
-
Patent Term Extensions (PTE): There exists provision for PTE to compensate for regulatory delays, impacting exclusivity duration.
-
Patent Challenges: Post-grant, patents face opposition through invalidation actions, often based on prior art or obviousness arguments.
-
Patent Thickets and Litigation: Litigation over pharma patents is increasingly common, emphasizing the importance of strong claim drafting.
Comparative Analysis:
The scope of KR102794132 aligns with global best practices for pharmaceutical patents, aiming at broad protection. However, the scope's enforceability depends on how well it withstands prior art and potential legal challenges, especially given South Korea's vigorous patent litigation environment.
Patent Strategies and Implications
-
Protection of Chemical Structure: Broad claims on the compound itself enable protection against similar derivatives.
-
Use of Formulation and Method Claims: Diversification into different claims enhances defensive positioning.
-
Navigating the Patent Landscape: Monitoring filings by other entities is critical, especially considering the rising number of biosimilar and generic entrants.
-
Potential for Patent Term Extensions: For drugs needing regulatory approval, potential extensions can prolong market exclusivity.
Implications for Stakeholders:
- Research & Development: Clarifies protected compounds and methods, guiding R&D efforts.
- Market Competitors: Must evaluate the scope to avoid infringement or design around strategies.
- Patent Holders: Should enforce claims proactively and consider secondary filings to fortify protection.
Legal and Commercial Considerations
- The patent's enforceability hinges on its claim validity against prior art and the clarity of its language.
- Licensing opportunities depend on the patent's breadth and market relevance.
- Challenges from generic entrants may focus on claim scope and inventive step analysis.
- Continuous monitoring for patent term adjustments and potential oppositions is vital.
Conclusion
Patent KR102794132 exemplifies a focused strategy in South Korea’s pharmaceutical patent landscape, aiming to secure rights over a novel drug compound or therapeutic method. Its broad scope offers substantial protection but must withstand legal scrutiny and patent challenges. Stakeholders should leverage its strengths and remain vigilant toward potential infringements and legal developments.
Key Takeaways
- The patent’s claims likely encompass broad compound and method protections, emphasizing the importance of a well-crafted patent strategy.
- South Korea’s active patent environment necessitates continual monitoring for potential patent challenges or infringements.
- Innovators should balance broad claims with sufficient specificity to withstand prior art and validity challenges.
- Patent term extensions could be strategically utilized to bolster market exclusivity.
- Collaboration and licensing opportunities hinge on a thorough understanding of the patent’s scope and legal standing.
FAQs
1. What are the primary features protected by KR102794132?
The patent protects a specific chemical entity, its formulations, and potential therapeutic uses, depending on its claims.
2. How does South Korea’s patent law influence pharmaceutical patent protection?
South Korea offers patent terms up to 20 years from filing, with provisions for extensions, and enforces strict examination for novelty and inventive step, influencing patent robustness.
3. Can this patent be challenged in court?
Yes. Its validity can be contested through opposition or invalidation proceedings based on prior art or obviousness.
4. How does this patent impact generic drug entry?
A strong, broad patent can delay generic entry; however, narrow or weak claims are more susceptible to challenges and licensing.
5. What strategies should patentees adopt to maximize patent protection?
Patentees should include broad molecule claims, encompass multiple formulations, and consider secondary or use claims to safeguard their market position.
References
- South Korea Intellectual Property Office (KIPO): Patent Database.
- World Intellectual Property Organization (WIPO): Patent Search.
- Korean Patent Law and Practice, 2022 edition.
