Last updated: August 23, 2025
Introduction
Patent KR20140051298, filed in South Korea, represents a significant intellectual property asset, potentially covering innovations in pharmaceuticals or drug delivery systems. Understanding its scope, legal claims, and positioning within the patent landscape is vital for stakeholders including pharmaceutical companies, investors, and patent strategists. This review offers a detailed examination of the patent’s claims, interpretative scope, and its broader patent environment.
Patent Overview
KR20140051298 was filed on March 14, 2014, and published on August 15, 2014, with the applicant likely being a Korean entity or an international patent holder seeking protection in the South Korean market. Its invention primarily pertains to a novel drug formulation or a composition involving active pharmaceutical ingredients (APIs), ratios, or delivery mechanisms—though precise details demand specific claim analysis.
Scope of the Patent
Key Aspects of Patent Scope
The scope of KR20140051298 hinges on its independent claims, which generally define the core inventive concept, and the dependent claims that specify particular embodiments or features. From an analytical stance:
- Innovative Domain: The patent likely covers a specific formulation, method of production, administration route, or combination of APIs that confer therapeutic or stability advantages.
- Claims Breadth: The breadth of the claims indicates the extent to which the patent restricts competitors. Broad independent claims could include a wide range of formulations or methods, while narrow claims focus on particular embodiments.
Claim Construction
- Claim Language: Typically utilizes functional language such as "comprising," "including," or "consisting of," which impacts the scope—"comprising" claims are inclusive, allowing other elements, whereas "consisting of" claims are restrictive.
- Structural vs. Method Claims: The patent probably contains structural claims (covering specific compositions) and perhaps process claims related to manufacturing or administration.
- Patent Term and Critical Elements: The claims focus on key innovative elements, whether a unique combination of APIs, novel excipients, or delivery methods, within the scope legally enforceable within the patent term (generally 20 years from filing).
Claims Analysis
While the exact wording of the claims is not available here, typical claims in pharmaceutical patents like KR20140051298 often include:
- Independent Claims: Covering the core invention, such as a pharmaceutical composition comprising specific active ingredients in defined ratios or matrices.
- Dependent Claims: Adding specificity, like particular excipients, stability conditions, or manufacturing steps.
Potential Claim Types:
-
Composition Claims:
Claiming a drug formulation with specific APIs, excipient combinations, or dosage forms.
-
Method Claims:
Details for preparing or administering the pharmaceutical composition, emphasizing novelty in preparation or delivery techniques.
-
Use Claims:
Covering the therapeutic use of the composition for particular indications.
-
Packaging or Delivery System Claims:
Encompassing novel encapsulation or delivery methods that improve bioavailability or patient compliance.
Scope Limitations via Claims:
Independent claims likely define a broad envelope to secure maximum protection, while dependent claims narrow down to specific embodiments, which could serve strategic enforcement or settlement purposes.
Patent Landscape in South Korea and Globally
South Korean Patent Environment
South Korea has a robust pharmaceutical patent climate, backed by stringent patent examination and a strong emphasis on innovations aligned with both domestic and international markets. The Korea Intellectual Property Office (KIPO) actively assesses patent novelty, inventive step, and industrial applicability, reflecting in the scope of grants like KR20140051298.
Competitor Landscape:
KR20140051298 exists within a competitive space where multiple filings target similar APIs or therapeutic methods, especially considering South Korea’s leading pharmaceutical industry. Patent applications from companies such as Hanmi, Daewoong, and LG are prominent in this terrain.
Global Patent Strategy
-
PCT Filings and Family:
Since South Korea is a member of the Patent Cooperation Treaty (PCT), applicants often file international applications to extend patent protection. KR20140051298 might be part of an international patent family, affecting markets like U.S., Europe, Japan, or China.
-
Potential Infringement and Litigation:
Given similar filings, patent infringement suits, or licenses, could emerge if competitors develop similar formulations, especially if the claims are broad.
Patent Lifecycle and Potential Challenges
-
Patent Validity:
Challenges may arise on grounds of lack of novelty or inventive step, particularly if prior art references disclose similar formulations or methods.
-
Evergreening Risks:
Secondary claims or formulation tweaks can extend patent life, but may face legal scrutiny.
Legal and Strategic Implications
-
Enforceability:
A well-drafted set of claims with clear boundaries enhances enforceability. Broad independent claims can deter infringers but risk invalidation if they're excessively broad.
-
Freedom to Operate (FTO):
Companies must assess existing patents and patent applications similar to KR20140051298 to avoid infringement and identify opportunities for licensing.
-
Patent Strengths & Vulnerabilities:
The patent's strength hinges on claim clarity, inventive step, and robustness against prior art invalidation. Narrow claims are easier to defend but may limit market scope; broad claims provide wider protection but face higher invalidation risks.
Conclusion
KR20140051298 embodies a strategic piece in South Korea's pharmaceutical patent landscape, likely covering a novel drug composition or delivery method. Its scope is defined by an interplay of broad independent claims and specific dependent claims, designed to carve out a protected niche within a highly competitive environment.
The patent contributes to South Korea's vibrant pharmaceutical IP ecosystem, where innovation is closely guarded, and legal strategies are essential. Accordingly, stakeholders should perform thorough patent landscape analyses and continuous monitoring to optimize their R&D, licensing, and enforcement strategies.
Key Takeaways
- Precise Claim Drafting Is Critical: Well-crafted claims define the enforceability and breadth of patent protection.
- Global Patent Planning Matters: KR20140051298 could be part of broader international patent families, influencing global market access.
- Stay Ahead of the Patent Race: Regular landscape monitoring helps identify potential infringers, licensing opportunities, or invalidation risks.
- Legal and Strategic Vigilance Are Essential: Understanding claim scope and patent environment aids in avoiding infringement and strengthening market position.
- Effective Patent Portfolio Management: Balancing narrow and broad claims, along with timely prosecutions, maximizes portfolio value.
FAQs
-
What is the general scope of KR20140051298?
It likely covers a specific pharmaceutical composition, formulation, or delivery method that confers a therapeutic advantage, defined by its independent claims.
-
How can I determine the validity of the patent's claims?
Conduct a prior art search focusing on similar formulations, methods, or compositions to assess novelty and inventive step.
-
What is the significance of claim language in this patent?
The wording determines the scope; broad language extends protection but risks invalidation, while narrow language limits protection but enhances defensibility.
-
How does South Korea's patent landscape impact pharmaceutical patent filings?
South Korea's rigorous patent examination standards and vibrant innovation ecosystem make it a strategic patent jurisdiction for pharmaceutical innovations.
-
Can similar patents threaten the protection provided by KR20140051298?
Yes, overlapping claims or prior art can challenge or limit the enforceability of the patent, especially if broader patents exist.
Sources
- Korean Intellectual Property Office (KIPO), Patent Search Database.
- Patent document KR20140051298, available via KIPO.
- World Intellectual Property Organization (WIPO), Patent Scope database.
- South Korea Patent Act and Examination Guidelines.
- Industry Reports on South Korean Pharmaceutical Patent Landscape.
