Last updated: August 13, 2025
Introduction
Patent KR20140082857 represents a significant intellectual property asset within South Korea’s pharmaceutical patent landscape. This patent, filed and granted under South Korean jurisdiction, pertains to a novel drug or formulation, with the scope and claims foundational to understanding its enforceability, competitive positioning, and potential for licensing and commercialization. This analysis delineates the patent’s scope, examines its claims, and contextualizes its position within the global and domestic patent landscape.
Patent Overview and Filing Context
KR20140082857 was filed to protect a specific pharmaceutical invention—details of which are standardly disclosed in the patent’s specification—likely involving a novel compound, formulation, or method of use. South Korea’s stringent patent examination procedures, as outlined by the Korean Intellectual Property Office (KIPO), ensure that granted patents exhibit novelty, inventive step, and industrial applicability [1].
The patent’s filing date, publication date, and grant status are essential for establishing its priority window, during which it holds exclusive rights within South Korea. The typical lifespan of a South Korean patent is 20 years from the filing date, provided maintenance fees are paid.
Scope and Claims Analysis
Claims Structure
KR20140082857 contains multiple claims, including independent and dependent claims. The scope of protection hinges primarily on the independent claims, which define the core inventive features of the drug or formulation.
Likely Claim Features (Based on Patent Norms)
While the specific language of KR20140082857 claims is not provided here, typical pharmaceutical patents generally encompass:
- Compound claims: Covering a novel chemical entity with specific structural features.
- Formulation claims: Protecting specific compositions, including excipients, stabilizers, or delivery vehicles.
- Method of use claims: Pertaining to therapeutic applications or treatment regimes.
- Manufacturing claims: Detailing specific synthesis or formulation processes.
The claims likely specify key structural elements or process steps that distinguish the invention from prior art. For example, a drug patent in the therapeutic area may claim:
- A chemical compound with a specified molecular structure.
- A pharmaceutical composition comprising specific dosage forms.
- A method of administering the compound to treat a particular disease.
Claim Scope and Patent Protection
The scope’s breadth influences both enforceability and market control. Narrow claims specific to a particular compound or formulation afford strong protection against direct competitors. Conversely, broader claims covering classes of compounds or methods aim to prevent a wider range of infringing products but are more vulnerable to validity challenges during patent examination or litigation.
The claims should demonstrate inventive step over prior art—particularly, prior patents, scientific literature, or known formulations. In South Korea, patent examiners rigorously assess novelty and inventive step, often referencing extensive prior art databases and scientific disclosures.
Potential Patent Challenges
Common challenges to pharmaceutical patent claims include:
- Lack of novelty: If similar compounds or formulations are known.
- Obviousness: If the claimed invention would be obvious to a person skilled in the art.
- Insufficient disclosure: If the patent fails to enable the claimed invention effectively.
Given the competitive nature of drug patenting in Korea, patent owners must ensure their claims are specific enough to withstand such challenges, balanced against the need to secure meaningful scope.
Patent Landscape in South Korea
Domestic Patent Environment
South Korea maintains a robust patent ecosystem driven by a thriving pharmaceutical industry, like Samsung Biologics and LG Chem, alongside foreign entities. The KIPO database reveals numerous filings for drugs, formulations, and biotech inventions, with strong government incentives to protect innovative therapeutics.
Key areas of focus include:
- Biotech and biologics: Increasing patent filings for monoclonal antibodies, gene therapies.
- Small molecules: Patents covering derivatives, formulations.
- Drug delivery systems: Extended protection for novel delivery methods.
South Korea’s patent opposition system, coupled with proactive licensing and litigation practices, fosters a dynamic landscape. Patent pools often emerge within therapeutic areas, with collaborations between domestic and international firms to secure comprehensive protection.
Global Perspective
South Korean patent filings often align with international patent strategies via Patent Cooperation Treaty (PCT) applications. This approach ensures broader global protection for innovations initially filed domestically.
In the context of KR20140082857, potential patent families might exist in jurisdictions like China, the US, Europe, or Japan, aiming for market access and patent enforcement.
Patent Life Cycle and Freedom-to-Operate (FTO) Considerations
Given the likely filing date around 2014, the patent could be nearing the 10-year mark, with remaining enforceability well over a decade, subject to maintenance. Companies evaluating commercialization must conduct FTO analyses ensuring no conflicting patents threaten their market introduction.
Implications for Industry Stakeholders
- Innovators: Those holding or aiming to license KR20140082857 can leverage its claims for market exclusivity.
- Generic manufacturers: Parallel importers or generics producers must analyze the scope to avoid infringement.
- Investors: Patent strength and breadth influence licensing strategies, valuation, and risk management.
Conclusion
KR20140082857 exemplifies focused pharmaceutical patenting within South Korea’s protected yet competitive landscape. Its scope, anchored in specific claims, determines its enforceability and competitive impact. The patent’s strategic positioning is reinforced by South Korea’s rigorous patent examination regime, active patenting in biopharma sectors, and integration into global patent strategies.
Key Takeaways
- The scope of KR20140082857's claims likely encompasses specific chemical entities or formulations, critical for defining protection boundaries.
- Broad, well-crafted claims enhance market exclusivity but face greater examination hurdles; narrower claims provide targeted protection.
- South Korea’s patent landscape favors early filing, strategic claim drafting, and international patent filing to maximize protection.
- Ongoing patent maintenance and vigilant FTO analysis are essential to sustain market position.
- Collaboration between legal, scientific, and business teams optimizes the patent’s commercial and legal value.
FAQs
1. How does South Korea’s patent examination process influence pharmaceutical patent scope?
KIPO’s rigorous examination emphasizes novelty and inventive step, encouraging patentees to craft claims that are specific enough to withstand scrutiny yet broad enough to deter infringement.
2. Can the claims of KR20140082857 be easily challenged or invalidated?
Yes. If prior art discloses similar compounds or formulations, or if claims are found to be obvious, the patent can be challenged during litigation or examination. Strategic claim drafting mitigates this risk.
3. How does the patent landscape in South Korea compare to other jurisdictions?
South Korea’s robust biotech and pharma patent environment reflects strong IP protection akin to Japan and the US, with specific procedural nuances such as swift litigation pathways and a focus on technical disclosures.
4. What is the importance of patent families related to KR20140082857 globally?
Patent families extend protection beyond South Korea, enabling market access and enforcement rights in key jurisdictions, essential for global commercialization of a drug.
5. What strategic considerations should companies have regarding patent KR20140082857?
Companies should analyze its claim scope in relation to competitors, monitor potential litigations, and consider patent expiry timelines to optimize licensing, enforcement, and R&D investments.
References
[1] Korean Intellectual Property Office (KIPO). “Patent Examination Guidelines,” 2021.
