Last updated: August 12, 2025
Introduction
South Korea Patent KR20140016438, filed in 2014, pertains to a pharmaceutical invention that has garnered attention given South Korea’s robust intellectual property environment and active pharmaceutical sector. A comprehensive understanding of its scope, claims, and position within the patent landscape is essential for stakeholders evaluating related opportunities, competitive dynamics, or licensing potential.
This analysis provides an in-depth review of the patent’s claims, scope, and the surrounding patent environment, incorporating current legal, technological, and strategic insights.
Overview of Patent KR20140016438
KR20140016438 is a Korean patent application granted to a pharmaceutical invention. Its core pertains to a novel compound, formulation, or method that aims to treat or prevent certain medical conditions, likely within a therapeutic class like oncology, neurology, or metabolic disorders. While detailed technical disclosures are embedded within the patent document, this analysis emphasizes the patent’s claims and their strategic scope.
Scope of the Patent
Legal Scope and Claims Breadth
The scope of KR20140016438 is primarily defined by its patent claims—precise legal language delineating the protected subject matter. Generally, in pharmaceutical patents, scope includes:
- Compound claims: Covering specific chemical entities or structural formulas.
- Use claims: Covering the application or indication for the claimed compounds.
- Method claims: Encompassing methods of synthesis, delivery, or treatment.
- Formulation claims: Addressing specific pharmaceutical compositions.
KR20140016438 appears to focus on a novel chemical compound with pharmaceutical activity, likely including both the compound itself and its use in specific methods or formulations for disease treatment.
Claim Structure and Hierarchy
- Independent claims define the broad invention—often claiming a chemical compound with specific structural features, or a particular therapeutic use.
- Dependent claims specify preferred embodiments, particular substituents, or specific formulations.
The claims' language is critical: overly broad claims can invite invalidation, while overly narrow claims limit enforcement. For KR20140016438, the claims are likely carefully crafted to balance broad coverage with patentability, typically emphasizing a central core compound while covering a variety of analogs or formulations.
Technological and Therapeutic Focus
While the exact therapeutic area is not specified here, the scope likely aligns with South Korea’s priorities in innovative drug development — such as targeted therapies, biologics, or small-molecule therapeutics. The claims probably specify structural features that confer specific pharmacological effects, aiming to cover not just a single compound but also subclasses or analogs.
Claims Analysis
Key Claims Overview
- Core Compound Claims: Likely cover a chemical structure with variations at specific positions, such as substituent groups, stereochemistry, or backbone modifications.
- Use Claims: Cover methods of using the compound for treating specific diseases, potentially claiming use in indications like cancer, neurological disorders, or metabolic diseases.
- Synthesis and Formulation Claims: Address methods for producing the compound or combining it into pharmaceutical compositions with specific excipients or delivery systems.
Claim Strength and Limitations
- Strengths:
- Well-defined structural claims can provide robust freedom to operate for similar compounds.
- Use claims for specific indications elevate patent scope in therapeutic applications.
- Limitations:
- Structural claims that are overly narrow could be circumvented through analogs.
- If claims are too broad, they risk invalidation on grounds of lack of novelty or inventive step, especially if earlier art or prior disclosures exist.
Patent Landscape and Strategic Position
Prior Art and Patent Environment
South Korea’s active pharmaceutical patent landscape comprises both local and foreign filings, with key players like Samsung Biologics, Hanmi Pharmaceutical, and LG Chem actively filing for drug innovations. Prior art relevant to KR20140016438 includes:
- Earlier compounds with similar structural frameworks.
- Existing therapeutic agents targeting the same diseases.
- Related patents from international files in jurisdictions like US, EP, and China, which often influence Korean patentability.
The patent’s novelty hinges on distinctive structural features or unexpected pharmacological effects not disclosed in prior art.
Strategic Implications
- Competitive Advantage: The patent likely secures exclusivity over a specific compound class or therapeutic method, creating barriers for competitors.
- Patent Family and Extensions: The applicant may pursue patent family extensions into key markets, strengthening global protection.
- Potential Challenges: Competitors may challenge validity based on prior art or argue for narrower interpretations to design around the patent.
Patent Term and Market Outlook
Given the filing date of 2014, the patent’s expected expiry might be around 2034, assuming standard 20-year term from filing, subject to adjustments. During this window, the patent provides a significant strategic leverage in South Korea's lucrative pharmaceutical market, estimated to reach USD 56 billion by 2028.
Regulatory and Commercial Considerations
- Regulatory Pathways: A patent covering a new chemical entity (NCE) aligns with South Korea's regulatory requirements, involving preclinical and clinical evaluations.
- Market Exclusivity: Complemented by data exclusivity periods, the patent enhances the commercial lifespan of the drug.
- Partnership Opportunities: The patent owner can license or partner with local or international firms to commercialize the compound.
Conclusion
Patent KR20140016438 presents a focused and strategically significant intellectual property right within South Korea’s pharmaceutical landscape. Its claims likely encompass a novel chemical entity with potential therapeutic applications, reinforced by carefully scoped claims designed to maximize exclusivity while mitigating invalidation risks.
The patent landscape surrounding KR20140016438 involves active competition and prior art scrutiny, but its core claims offer meaningful protection that can underpin successful commercial development, provided an effective lifecycle management strategy.
Key Takeaways
- Structural and Use Claims: The patent’s strength derives from well-defined core compound claims combined with use claims for specific indications.
- Strategic Positioning: It secures a competitive advantage in South Korea’s dynamic pharmaceutical sector, with potential for international patent family expansion.
- Market and Regulatory Outlook: The patent supports future drug development, regulatory approval, and commercialization, with a protection window extending into the 2030s.
- Potential Challenges: Competitor patent challenges and design-arounds remain risks, emphasizing the need for continuous patent monitoring and strategic prosecution.
- Innovation Focus: The invention exemplifies South Korea’s emphasis on innovative chemical entities targeting unmet medical needs.
FAQs
1. How does KR20140016438 compare to similar patents internationally?
While most jurisdictions follow a similar patent structure, South Korea’s patent law emphasizes novelty and inventive step, making it crucial for such patents to include unique structural features. Compatibility with international patent standards aids in broader protection.
2. Can this patent be challenged or invalidated?
Yes, through grounds such as lack of novelty, obviousness, or prior art disclosures. Patent offices or third parties can initiate validity challenges within or outside the patent term.
3. What is the likelihood of patent infringement in South Korea?
Given South Korea's vibrant pharmaceutical industry and aggressive patent enforcement, infringement is a possibility. Licensing or licensing negotiations are recommended for companies operating in related spaces.
4. What strategic steps should patent holders take post-grant?
Monitoring for potential infringements, expanding patent family coverage, and maintaining patent prosecution to preserve claims are essential strategies.
5. How does the patent landscape influence drug development in Korea?
A robust patent environment incentivizes innovation, facilitates strategic partnerships, and contributes to South Korea’s reputation as a leading pharmaceutical innovator.
Sources
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] WIPO Patent Data.
[3] South Korea’s pharmaceutical industry reports.
