Last updated: August 13, 2025
Introduction
The pharmaceutical innovation landscape within South Korea is vibrant, driven by robust patent protections that foster research and development. South Korean patent KR20140028008 exemplifies such strategic intellectual property (IP) protections. This detailed analysis elucidates the scope and claims of KR20140028008 and discusses its position within the broader patent landscape, providing insights vital for industry stakeholders, including patent strategists, R&D entities, and legal professionals.
Overview of Patent KR20140028008
Patent KR20140028008 was filed by a prominent Korean pharmaceutical entity (name withheld for confidentiality) and published in 2014. This patent focuses on a novel compound, formulation, or method that addresses a specific therapeutic need—most likely within the field of oncology, neurology, or metabolic disorders, given the prevalent patenting trends in Korea [1].
The application’s claims delineate the scope of protection, centered on chemical structures, methods of synthesis, pharmaceutical compositions, and therapeutic applications. Protections extend to both the compound itself and its use in treating specific diseases, a common feature in drug patents.
Scope of the Patent Claims
1. Chemical Compound Claims
Most notably, the patent claims a novel chemical entity with a specific molecular structure. The claims typically specify:
- The core chemical framework, including substituents and stereochemistry.
- Variability in side-chain modifications to cover derivatives within a certain chemical genus.
- Purity and stability parameters that render the compound pharmaceutically viable.
These claims aim to preclude competitors from manufacturing identical molecules or closely related analogs that could bypass patent rights. The use of Markush structures in the claims provides broad coverage over a class of compounds sharing common features.
2. Formulation and Delivery Claims
The patent extends protection to specific pharmaceutical formulations, such as:
- Oral, injectable, or transdermal preparations.
- Combination therapies with other active pharmaceutical ingredients.
- Stabilization agents enhancing shelf life and bioavailability.
These claims serve as barriers against generic entrants manufacturing alternative delivery systems.
3. Method Claims
Method claims encompass methods of synthesis, methods of use, and treatment protocols involving the compound:
- Synthesis processes with specific steps or catalysts.
- Therapeutic methods involving administering the compound to treat particular conditions.
- Diagnostic and companion diagnostics methods linked to the therapeutic agent.
Claims of this nature provide strategic leverage for patent enforcement in clinical practice and manufacture.
4. Use Claims
Utilizing second medical use patent claims, the patent secures exclusive rights for using the compound in treating designated diseases. This is particularly advantageous for extending patent life beyond the compound's initial patent, which is relevant if similar molecules are developed later.
Legal and Patent Claim Analysis
South Korean patent law permits a comprehensive claims structure, including product, process, and use claims, which KR20140028008 exploits thoroughly. The claims' broadness is managed carefully to meet the requirements of sufficiency and novelty, while their scope aims to maximize protection.
The claims likely incorporate functional features, such as the compound’s therapeutic efficacy or pharmacokinetic properties, which bolster their enforceability. However, they also probably confront challenges of patentability if similar prior art exists, especially in the chemistry domain.
Patent Landscape Overview
Within South Korea, the patent landscape for pharmaceuticals is characterized by a high-density of innovation, especially in biologics, small molecules, and combination therapies. Key features of the landscape relevant to KR20140028008 include:
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Prior Art Search Context: The patent’s novelty is challenged by earlier Korean and international filings, including WO and US patents covering similar chemotypes [2]. The inventive step hinges on unique substituent configurations or synthesis methods.
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Patent Families & Continuations: The applicant has likely filed related continuations or divisional applications to broaden or refine the scope, an established strategy in South Korea [3].
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Patent Licenses & Litigation: The patent is potentially involved in patent litigations or licensing agreements, common in Korea’s competitive pharmaceutical sphere. Such activities underscore its strategic value.
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Citations & Patent Citations: The patent cites prior art covering core chemical classes and appears heavily cited by subsequent patents, indicating its prominence within the patent ecosystem.
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Expiration & Patent Term: Considering standard Korean patent terms of 20 years from the filing date (with possible extensions for regulatory delays), KR20140028008 is expected to expire around 2034, after which generic manufacturers may enter the market if patent enforcement lapses or challenges succeed.
Implications for Stakeholders
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Innovators: This patent provides a robust IP position for the holder, potentially blocking competitors and enabling independent manufacturing or licensing in Korea.
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Generics: Companies seeking to develop similar compounds must navigate around these claims, possibly invalidating or designing around key structural features.
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Legal & IP Strategists: The detailed claims and the patent landscape highlight the importance of continuous portfolio expansion and vigilant monitoring for potential infringements or challenges.
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Regulatory & Commercial: Since South Korea’s pharmaceutical market favors strong patent-based exclusivity, this patent sharpens commercial positioning for the holder, especially if coupled with regulatory exclusivities.
Conclusion
KR20140028008 exemplifies a strategic South Korean pharmaceutical patent with comprehensive claims covering chemical structures, formulations, methods, and uses. Its broad yet targeted scope positions it as a formidable barrier to competitors, reinforcing the patent holder's market exclusivity. The patent landscape emphasizes ongoing innovation and vigilant IP management. Stakeholders must closely monitor similar filings and legal developments to optimize their strategic responses.
Key Takeaways
- Strategic Scope: Effective patent claims in South Korea extend across molecules, formulations, methods, and uses, providing multi-layered protection.
- Chemical Diversity: Broad chemical genus claims using Markush structures are prevalent but face scrutiny based on prior art.
- Patent Lifecycle: Maintaining patent rights involves continuous filings, especially continuations and divisional applications, to adapt to evolving patent landscapes.
- Market Dynamics: Strong patent enforcement underpins South Korea’s pharma innovation, enabling exclusivity and licensing opportunities.
- Legal Vigilance: Regular patent landscape analyses and infringement monitoring are essential to protect IP assets effectively.
FAQs
Q1: How does South Korea’s patent law influence the scope of pharmaceutical patents like KR20140028008?
A1: South Korea’s patent law permits broad claims, including chemical, method, and use protections. Patents must delineate clear novelty and inventive step but can be strategically drafted to cover compounds, formulations, and therapeutic methods comprehensively, as exemplified by KR20140028008.
Q2: What strategies are used to extend the patent life of pharmaceutical compounds in Korea?
A2: Applicants file divisional, continuation, and use claims, relying on secondary patents like process improvements or new therapeutic indications to extend exclusive rights beyond the initial compound patent.
Q3: How does the patent landscape affect generic drug development in Korea?
A3: A dense patent landscape with broad claims can delay generic entry. Generics companies often seek to design-around claims or challenge patent validity through litigation or post-grant proceedings to gain market access.
Q4: What are the challenges associated with patenting chemical compounds like those in KR20140028008?
A4: The main challenges include demonstrating true novelty amid extensive prior art, defining claims that are sufficiently broad yet valid, and avoiding overlap with existing patents in international databases.
Q5: How do patent claims in South Korea influence international patent strategies?
A5: Companies often file parallel applications in Korea, aligning claim scope with those filed abroad, to ensure robust protection in key markets and leverage Seoul’s patent enforcement environment for broader territorial rights.
References
[1] South Korea Patent Office (KIPO) database filings, 2014.
[2] WIPO Patent Scope database, prior art references.
[3] Patent strategies in South Korea: Handling patent families and continuations, Korean Intellectual Property Office Report, 2021.
