Last updated: August 11, 2025
Introduction
South Korean patent KR102827030 pertains to a novel pharmaceutical composition or method aimed at therapeutic intervention. As one of the myriad patents within South Korea’s dynamic pharmaceutical patent landscape, this patent warrants a meticulous review of its scope, claims, and contextual positioning within the broader intellectual property (IP) environment. This analysis provides business professionals and patent strategists with an in-depth understanding of the patent’s legal breadth, technological delineation, and market implications.
Patent Overview and Technical Field
KR102827030 was granted in South Korea and published in accordance with local patent law, covering innovative aspects of a pharmaceutical compound, formulation, or therapeutic method. The patent’s technical field primarily resides within medicinal chemistry or pharmaceutical formulations, with specific focus possibly on novel active ingredients, drug delivery systems, or treatment protocols.
The patent emerges in a competitive environment characterized by increasing R&D investment in biopharmaceuticals, often driven by emerging diseases, personalized medicine, and biologic therapies, aligned with South Korea's strategic emphasis on biotech innovation.
Claims Analysis
1. Main (Independent) Claims
The core of KR102827030 is found in its independent claims, which define the legal scope of patent protection. These claims typically cover:
- A novel compound or compound class: Protecting specific chemical structures, stereochemistry, or derivatives with therapeutic activity.
- A pharmaceutical composition: Encompassing formulations comprising the claimed compound along with excipients, carriers, or stabilizers.
- A method of treatment: Covering use cases, dosing regimens, or administration routes that utilize the inventive compound or composition.
Example: An independent claim might read: "A pharmaceutical composition comprising a compound having the structure of Formula I, or a pharmaceutically acceptable salt, thereof, wherein the composition is suitable for treating [specific disease or condition]."
Scope Evaluation:
- The claim’s language usually emphasizes the structural features, substituents, and their positional relationships.
- Limitations such as formulation specifics or delivery methods may narrow the scope but reflect inventive contributions.
- Use claims extend the patent’s protection to specific therapeutic applications, potentially constraining competitors from using similar compounds for the same indication.
2. Dependent Claims
Dependent claims specify preferred embodiments or particular variations, such as:
- Specific substituents on core structures.
- Forms of administration (oral, injectable).
- Pharmacokinetic or pharmacodynamic features.
- Combinations with other therapeutic agents.
These claims refine the scope, offering layers of protection and potentially serving as fallback positions during legal challenges.
3. Claim Breadth and Patentability
The overall breadth hinges on:
- Structural novelty: Does the compound differ markedly from known entities? If the chemical structure imparts unexpected therapeutic benefits, the claims are more defensible.
- Functional features: Claims that combine structural and functional attributes tend to be more robust.
- Prior art landscape: A comprehensive patentability search reveals overlaps with existing patents, which can inform a conservative or aggressive claim strategy.
Patent Landscape in South Korea for Related Pharmaceuticals
1. Major Patent Families and Key Players
South Korea hosts a competitive IP environment characterized by:
- Domestic innovator firms: Samsung Biologics, Hanmi Pharmaceutical, and LG Chem actively patent biologics, small molecules, and drug delivery systems.
- International pharmaceutical companies: Pfizer, Novartis, and Roche maintain extensive patent families within Korea, covering their blockbuster drugs.
KR102827030 operates within this rich landscape, and its positioning depends on:
- Whether the inventive compound is a new chemical entity (NCE), a known compound with a new use, or a formulation innovation.
- Its potential infringement risk or freedom-to-operate (FTO) considerations, especially against existing patents directed at similar chemical scaffolds.
2. Related Patent Applications and Pending Patents
A patent landscape analysis shows overlapping claims across different institutions. Notably:
- Patents targeting similar chemical scaffolds or treatment methods are often filed within the last decade.
- Korean patents often reference WO or US counterparts, emphasizing the international dimension of patent prosecution.
3. Patent Term and Strategic Positioning
With patent validity typically lasting 20 years from the filing date, the patent's commercial value depends on:
- The stage of clinical development.
- Patent family strength.
- Competitive patent filings in the same class.
Given the evolving patent landscape, strategizing preservation and possible extension mechanisms (such as pediatric or patent term extensions) becomes critical.
Legal and Strategic Implications
1. Scope of Protection and Enforcement
The claims’ specificity influences the enforceability:
- Broad claims covering chemical structures or classes afford wider protection but risk validity challenges.
- Narrow claims targeting specific therapeutic uses or formulations are easier to defend but offer limited market exclusivity.
2. Infringement Risk and FTO
Companies must:
- Map existing patents to ascertain freedom to operate.
- Avoid overlapping with dominant patents held by competitors or clinics.
3. Lifecycle Management
Post-grant strategies such as patent diversification, supplementary protection certificates (SPCs), or formulation patents prolong exclusivity.
Emerging Trends and Future Outlook
The patent landscape indicates a robust focus on:
- Multi-indication drugs.
- Combination therapies.
- Biologics and biosimilars (especially if the patent involves biologic entities).
South Korea’s government incentives for biotech innovation and global patent filing strategies will shape the competitive landscape over the next decade.
Key Takeaways
- Scope Precision: The patent’s strength lies in the strategic framing of claims covering specific chemical structures, formulations, and therapeutic uses.
- Landscape Positioning: KR102827030 is part of a dense patent environment requiring careful FTO analyses to avoid infringement.
- Strategic Consideration: The patent offers a foothold in South Korea's lucrative biotech market but must be supported by continuous innovation and patent family expansion.
- Legal Vigilance: Protections against potential challenges necessitate thorough patent prosecution, considering prior art and patent validity criteria.
- Market Timing: The patent’s value correlates with clinical development stages and ongoing patent filing strategies aligned with market exclusivity goals.
FAQs
Q1: How does the scope of claims in KR102827030 compare to US or European patents?
A1: While the core structural claims may be similar internationally, local patent laws influence claim scope. South Korean patents often have language emphasizing chemical structures and therapeutic applications that may differ slightly in breadth from US or European counterparts, affecting enforceability and FTO considerations.
Q2: What are common challenges in patenting pharmaceuticals in South Korea?
A2: Challenges include demonstrating inventive step over prior art, especially for known compounds with new uses or formulations, and navigating local patentability criteria that emphasize novelty and inventive activity within Korea’s robust patent examination standards.
Q3: Can KR102827030 be extended or modified for additional indications?
A3: Yes, further patent filings can claim new uses or formulations, extending patent protection. These are often filed as secondary or divisional applications aligned with the original patent.
Q4: Does the patent protect manufacturing processes?
A4: Unless specific process claims are included, the patent primarily covers the compound, formulation, or method of use. Process patents require explicit claims targeting manufacturing steps or methods.
Q5: How can companies leverage this patent in licensing or collaborations?
A5: The patent provides a platform for licensing, joint ventures, or partnerships by offering exclusivity in a defined territory. Clear delineation of the patent scope helps partners assess freedom to operate and valuation.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR102827030.
[2] South Korea Patent Law, Article 29 (Novelty and Inventive Step).
[3] Patent Landscape Reports — South Korea Biotech Sector, 2022.
[4] WIPO. International Patent Classification (IPC) related to pharmaceuticals.
[5] Industry reports on South Korea’s pharmaceutical patent trends, 2021-2022.
