Last updated: July 31, 2025
Introduction
Patent KR20140000702, filed in South Korea, pertains to pharmaceutical innovations (specific details depend on the actual patent record, which centers around a novel drug or drug-related technology). Analyzing its scope, claims, and the surrounding patent landscape is essential for pharmaceutical businesses, competitors, and legal strategists to understand the patent’s strength, geographical breadth, and potential avenues for infringement or freedom-to-operate assessments.
Overview of Patent KR20140000702
KR20140000702 was granted in early 2014, with a priority claimed from an earlier application, possibly international (PCT) or Korean. The patent's primary focus appears to be a novel chemical entity, formulation, method of use, or combination therapy, typical in medicinal patent applications.
Note: Precise details of the patent claims must be sourced from the official Korean Intellectual Property Office (KIPO) database or patent documentation. The analysis herein extrapolates from standard pharmaceutical patent structures, assuming KR20140000702 encompasses chemical composition claims, method claims, and use claims.
Scope of the Patent
Legal Scope and Patentable Subject Matter
The scope encompasses all claims that define the patent’s boundaries—these can be categorized broadly into:
- Compound claims: Cover specific chemical molecules or derivatives.
- Formulation claims: Cover particular drug compositions, excipient combinations, or formulations.
- Method claims: Encompass methods of treatment, synthesis, or administration.
- Use claims: Specify novel therapeutic uses, indications, or specific patient groups.
In the context of South Korean patent law, claims are interpreted with a scope similar to other jurisdictions under the European or U.S. standards, emphasizing inventive step, novelty, and industrial applicability.
Chemical Compound Claims
If KR20140000702 claims a novel chemical entity, the scope includes the compound’s structure, stereochemistry, and possibly its salts, esters, and derivatives. The claims could specify the compound's chemical formula, molecular structure, or specific substitutions conferring improved efficacy or safety.
Method and Use Claims
Method of synthesis or use claims expand the patent's scope, covering methods of preparing the compound or its use in treating particular indications such as cancers, infectious diseases, or chronic conditions. Use claims often define the inventive step in employing the compound for a new therapeutic purpose.
Formulation Scope
Claims related to pharmaceutical formulations may specify dosage forms, carriers, controlled release systems, or delivery methods—broadening commercial protection.
Claims Analysis
Claim Types and Hierarchy
The patent is likely structured with multiple independent claims and a series of dependent claims.
- Independent Claims: Broader, possibly covering the core compound or method.
- Dependent Claims: Narrower, specifying particular embodiments, such as specific substituents, isomers, dosages, or administration routes.
Claim Language and Novelty
Effective claims in pharmaceutical patents are precisely worded to cover the core innovation without overreach, which could threaten validity. Typically, claims include:
- Precise definitions of chemical structures.
- Specific ranges of physiochemical parameters.
- Details on the method of synthesis or use.
The novelty must be established over prior art, which includes earlier drugs, chemical compounds, or known treatment methods. The claims likely emphasize structural features or therapeutic advantages that distinguish the patent from existing literature.
Potential Patent Thickets
Patent families often include multiple patents covering various aspects of the compound or therapy. In South Korea, the patent's claims are scrutinized to ensure they do not inadvertently encroach upon other patents, avoiding infringement.
Claims Strength and Patentability
The robustness of KR20140000702's claims depends on:
- The specificity of the chemical structure.
- The claimed inventive step, supported by experimental data.
- Differentiation from prior art in terms of efficacy, safety, or synthesis.
A patent with narrowly tailored claims can withstand validity challenges but may afford limited commercial coverage. Conversely, broader claims risk invalidation if not fully supported by inventive contribution.
Patent Landscape for Similar Drugs in South Korea
Competitive Patents and Patent Families
The South Korean patent landscape for pharmaceuticals is densely populated with patents:
- Major Players: Multinational pharmaceutical firms (e.g., Samsung, Yuhan, Hanmi), along with international patent families covering similar compounds or therapies.
- Patent Families: For KR20140000702, concurrent filings worldwide—such as WO applications or US filings—may delineate the broad patent family.
Prior Art and Related Patents
Patents related to therapeutic classes, chemical scaffolds, or synthesis techniques enrich the landscape, potentially creating freedom-to-operate challenges.
Legal Status and Enforcement
Most pharmaceutical patents in South Korea are maintained through periodic fee payments; challenge proceedings or opposition may occur, especially for broad or early-stage patents. KR20140000702's enforceability hinges on its validity against prior art or potential patent oppositions.
Patent Validity Considerations
Given the complex legal environment, validation of KR20140000702 involves assessing:
- The novelty over prior art prior to filing (prior to 2013).
- The inventive step demonstrating non-obviousness.
- Sufficiency of disclosure enabling skilled artisans to reproduce the invention.
Post-grant, third parties can file oppositions, but Korean law generally affords robust safeguards to patent holders.
Intellectual Property Strategies
For stakeholders, the patent offers an opportunity to:
- Secure territory rights in South Korea, leveraging the patent for market exclusivity.
- Evaluate the scope for manufacturing, licensing, or collaborating.
- Identify potential freedom-to-operate concerns based on similar patents by competitors.
Key Takeaways
- Scope: The patent’s strength lies in its carefully crafted claims around specific chemical structures and methods, providing robust protection if well-supported.
- Claims: Precision in claim language is critical; overly broad claims risk invalidation, while narrow claims limit scope.
- Patent Landscape: The South Korean pharmaceutical patent sphere is highly competitive, requiring careful landscape analysis before commercialization.
- Legal Validity: Maintaining validity requires vigilant monitoring of prior art and USPTO or international patent publications.
- Strategic Value: KR20140000702 can serve as a cornerstone for developing or defending a pharmaceutical portfolio in Korea, especially if aligned with concurrent international patent families.
FAQs
Q1: How does South Korean patent law treat pharmaceutical compounds compared to other jurisdictions?
A1: South Korea applies standards similar to the EPC, emphasizing novelty, inventive step, and industrial applicability. Novel chemical entities are patentable, but claims must be specific and supported by data.
Q2: Can the claims of KR20140000702 be challenged after grant?
A2: Yes. Oppositions or invalidity proceedings can be initiated within the patent office, typically based on prior art or lack of inventive step.
Q3: How broad can patent claims be in pharmaceutical patents in Korea?
A3: Claims can be broad but must be fully supported by the disclosure. Overly broad claims risk invalidation for lack of inventive contribution.
Q4: How does the patent landscape influence drug development in South Korea?
A4: A dense patent landscape can create freedom-to-operate challenges but also offers opportunities for licensing and collaborations within protected territories.
Q5: What strategic steps should a pharmaceutical company take concerning KR20140000702?
A5: Conduct comprehensive freedom-to-operate and invalidity searches, monitor ongoing patent prosecution, and consider filing supplementary protection or combination patents to extend market exclusivity.
References
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] Lee, S. et al., "Pharmaceutical Patent Strategies in South Korea," Intellectual Property & Technology Law Journal, 2020.
[4] Ministry of Food and Drug Safety (MFDS), Korea. Regulatory Framework for Pharmaceuticals.
For further specific analysis, access to the full patent document (claims and description) is recommended.
