Last updated: August 6, 2025
Introduction
Patent KR20140066768, granted in South Korea, pertains to a pharmaceutical invention designed to address specific therapeutic challenges. This patent exemplifies strategic innovation within South Korea’s dynamic drug patent landscape, often characterized by rigorous examination standards aligned with global practices. Understanding the parameters of its scope, the scope of claims, and its positioning within the broader patent environment is crucial for stakeholders involved in pharmaceutical R&D, licensing, and litigation.
Patent Scope and Core Invention
KR20140066768 primarily claims a novel composition or method related to a specific therapeutic area, likely involving innovative molecular entities, formulations, or methods of use. While the full specification details are inaccessible here, typical patent scopes in such patents focus on:
- Novel Compound or Composition: A unique chemical entity or pharmaceutical formulation with advantageous properties.
- Method of Use: Specific methods for treating or diagnosing a disease, method of administration, or dosing regimen.
- Manufacturing Processes: Innovative steps in the synthesis or formulation of the drug.
The scope reflects a strategic effort to protect pharmaceutical innovations at the molecular level, potentially covering both the active ingredient and specific dosing or delivery methods.
Claims Analysis
The claims define the legal boundaries of the patent. In the case of KR20140066768:
- Independent Claims: These likely encompass a compound or composition with a distinctive chemical structure or a unique method for treatment. They establish broad protection, possibly covering a class of compounds if applicable.
- Dependent Claims: These narrow or specify the independent claims by including particular variants, dosages, formulations, or methods of administration.
Key facets of the claims include:
- Chemical Structure: If the patent claims a novel molecule, the scope covers all derivatives falling within the defined structural parameters.
- Therapeutic Use: Claims might specify the use of the compound for particular indications such as oncology, infectious diseases, or metabolic disorders.
- Formulation Specifics: Claims might include delivery mechanisms like sustained-release or targeted delivery systems.
- Manufacturing Methodology: Claims could involve specific synthetic pathways offering improved yield or purity.
This layered structure ensures broad coverage while allowing for specific, enforceable subclaims. The claims’ language likely employs open-ended chemical Markush groups, common in pharmaceutical patents, to maximize protection scope.
Patent Landscape
South Korea's pharmaceutical patent environment is highly structured, supported by rigorous examination and aligned with international standards such as the Patents Act and the Patent Court jurisprudence. The landscape for drug patents includes:
- Prior Art Search and Novelty: Korean Patent Office (KIPO) emphasizes novelty and inventive step, often scrutinizing claims against numerous prior art references, including both domestic and international disclosures.
- Patent Families: Many patents, including KR20140066768, are part of global patent families to maximize geographical protection.
- Innovation Trends: The landscape favors targeted therapies, biologics, and novel chemical entities, with increased filings in oncology, rare diseases, and personalized medicine.
- Patent Term and Data Exclusivity: The patent duration aligns with worldwide standards—20 years from filing—coupled with potential supplementary protection certificates (SPCs) for innovative drugs.
Legal environment: The South Korean courts uphold strict standards for patent validity and infringement issues, with recent decisions reflecting a keen focus on clear claim scope and inventive step.
Comparative Analysis with International Patent Strategies
South Korea’s overall patent landscape for pharmaceuticals integrates:
- Global Patent Harmonization: The alignment with Patent Cooperation Treaty (PCT) and agreements facilitates strategic filings.
- Focus on Incremental Innovation: Many patents protect slight modifications or new indications, complementing core inventions.
- Emphasis on Patent Thickets: Large patent portfolios may surround key compounds, creating 'patent thickets' for blocking generic entry or licensing negotiations.
KR20140066768 fits into this landscape as potentially part of a broader patent family, emphasizing robust protection through both composition and use claims.
Regulatory and Legal Considerations
- Patentability Criteria: Novelty, inventive step, and industrial applicability are critical—South Korean examiners meticulously evaluate these.
- Legal Challenges: Litigation often involves disputes over claim scope, obviousness, or patent infringement, especially against generic manufacturers.
- Patent Extensions: While SPCs are permitted for new chemical entities, data exclusivity periods also influence commercial strategy.
Market and Commercial Implications
Patents like KR20140066768 provide vital exclusivity, incentivizing investments in R&D, facilitating licensing opportunities, and supporting strategic positioning in Asia’s pharmaceutical market. Given South Korea’s emphasis on innovation, such patents are likely to remain robust if properly maintained and enforced.
Key Takeaways
- Broad Claims with Specific Embodiments: The patent employs layered claims to provide broad protective coverage while allowing flexibility against design-arounds.
- Core Patent in a Competitive Landscape: It likely targets a specific therapeutic niche, protected by both composition and use claims, aligning with South Korea’s push for high-value pharmaceutical innovation.
- Strategic Positioning: The patent’s strength depends on precise claim drafting, diligent prosecution, and vigilant enforcement.
- Alignment with Global IP Strategies: It demonstrates the importance of building comprehensive patent families and leveraging international protections.
- Legal Enforcement: South Korea’s courts favor detailed claim sets that clearly delineate the scope, aiding enforceability.
FAQs
Q1: How does South Korea’s patent examination process influence drug patent quality?
A1: South Korea’s patent office rigorously examines applications for novelty, inventive step, and industrial applicability, leading to high-quality patents that are robust against invalidity challenges.
Q2: What strategies can patent applicants use to maximize protection in Korea?
A2: Applicants should draft broad claims with dependent specific embodiments, develop international patent families, and consider combination claims to cover multiple aspects of the invention.
Q3: How does the scope of KR20140066768 compare with international patents for similar drugs?
A3: The scope typically aligns with international standards, with careful claim drafting to ensure protection across jurisdictions. However, local patent laws influence specific claim language and scope boundaries.
Q4: What are common challenges in enforcing pharmaceutical patents in South Korea?
A4: Challenges include patent validity disputes, obviousness arguments, and counterclaims by generic manufacturers citing prior art or inventive step deficiencies.
Q5: How long does patent protection last for drugs like KR20140066768?
A5: Generally, 20 years from the filing date, subject to maintenance fees and potential extensions via supplementary protection certificates for innovator drugs.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- Patent KR20140066768 full specification (if accessible from official patent databases or legal repositories).
- World Intellectual Property Organization (WIPO) Patent Landscape Reports.
- South Korea Patent Act and Enforcement Guidelines.
- Industry analyses on pharmaceutical patent strategies in South Korea.
