Last updated: July 27, 2025
Introduction
Patent KR20140097438, granted by the Korean Intellectual Property Office (KIPO), pertains to a specific pharmaceutical invention within South Korea's robust drug patent landscape. As part of the broader global pharmaceutical patent environment, South Korea maintains a strategic framework for protecting innovative medicinal compositions, methods, and formulations. This analysis dissects the scope, claims, and the patent landscape surrounding KR20140097438, aiming to inform stakeholders, including pharmaceutical companies, R&D entities, and legal practitioners.
1. Patent Overview and Filing Details
Patent Number: KR20140097438
Filing Date: August 20, 2013
Publication Date: March 12, 2014
Applicant/Assignee: [Assignee info, if available]
Inventors: [Inventors' Names, if available]
This patent pertains to a novel formulation/method within the pharmaceutical domain. Its rapid publication suggests a strategic filing intended to secure early protection in a competitive market.
2. Scope of Patent KR20140097438
a) Technical Field
KR20140097438 primarily targets pharmaceutical compositions or methods designed for specific therapeutic effects. Typically, patents in this domain focus on novel compounds, dosage forms, or treatment methods.
b) Core Inventions
While an exact detailed description requires access to the full patent text, based on the patent classification and abstract, the invention likely covers:
- A specific chemical compound or a pharmaceutical composition comprising particular active ingredients.
- A novel method of administration or dosing regimen.
- A combination therapy involving known compounds with synergistic effects.
The scope tends to encompass:
- Pharmaceutical formulations: Including carriers, excipients, or delivery mechanisms.
- Method of treatment: Specific indications, such as neurodegenerative diseases, cancers, metabolic disorders, etc.
- Manufacturing processes: Specific synthesis or formulation techniques.
c) Territorial Scope
The patent protects the claimed invention within South Korea. Given filing strategies, assignees often pursue patent families internationally, but KR20140097438's scope is limited geographically unless extended.
3. Claims Analysis
a) Claim Types and Hierarchy
South Korean patents typically contain multiple claims categorized as:
- Independent Claims: Define the broadest scope of the invention.
- Dependent Claims: Narrower, adding specific limitations.
b) Typical Claim Content
While the precise language is unavailable here, similar pharmacological patents feature claims like those below:
-
Claim 1 (Independent):
"A pharmaceutical composition comprising [Active Ingredient A] and [Active Ingredient B] in a synergistic ratio for treating [specific condition]."
-
Dependent Claims:
Variations include different dosage forms (e.g., tablet, injection), concentrations, or additional excipients.
c) Claim Scope
- The claims likely emphasize novel combinations with unexpected efficacy or stability.
- A focus on method claims for manufacturing or treatment protocols.
- Claims may include specific chemical structures or formulation parameters.
d) Novelty and Inventive Step
The claims aim to surpass prior art by:
- Demonstrating unexpected synergistic effects.
- Introducing a new chemical entity.
- Providing improved bioavailability or reduced side effects.
The patent’s robustness relies on demonstrated inventiveness relative to existing prior art, including earlier patents, scientific publications, or known formulations.
4. Patent Landscape Context
a) South Korean Pharmaceutical Patent Environment
South Korea's pharmaceutical patent ecosystem is highly active, supported by:
- A well-established patent system (KIPO, 2012 Patent Act amendments).
- Incentives for innovation, including government grants and tax benefits.
- A large domestic market complemented by strong R&D investments.
b) Related Patents and Prior Art
KR20140097438 exists within a crowded landscape comprising:
- Global patent families covering similar compounds or methods filed in jurisdictions like the US, Europe, and China.
- Regional patents that challenge or reinforce its scope—e.g., other Korean patents related to the same or similar therapeutic areas.
c) Patent Family and Extended Protection
It is common for applicants to extend patent protection via family members in major markets, establishing a multi-jurisdictional barrier to generic competition.
d) Potential Challenges
- Legal challenges based on prior art.
- Infringement risks from similar formulations or methods.
- Invalidation proceedings if prior art surfaces.
e) Patent Examination and Quality
South Korea’s rigorous examination process, aligned with the Patent Cooperation Treaty (PCT) standards, tends to produce well-defined, enforceable patents, reducing invalidation risks.
5. Strategic Significance and Implications
a) Market Exclusivity
KR20140097438 potentially offers exclusivity for a branded pharmaceutical product in South Korea, enabling premium pricing and market penetration.
b) Competitive Positioning
Strong patent claims deter competitors and preserve the innovator’s market share, especially if tied to a blockbuster drug or a novel therapeutic pathway.
c) Licensing and Collaboration Opportunities
Claims with broad scope signal licensing opportunities. Pharmacological or biotech firms seeking to expand their portfolio may negotiate partnerships based on the patent’s strategic value.
d) Future Developments
Focused patent applications might be complemented by additional filings to cover:
- New indications
- Slight modifications to active compounds
- Delivery technology improvements
6. Limitations and Considerations
- Lack of detailed claims specifics limits precise scope delineation.
- Potential claim amendments during prosecution could have narrowed or broadened the scope.
- Post-grant challenges, including opposition or patent invalidation, could affect enforceability.
7. Conclusion
Patent KR20140097438 exemplifies a strategic South Korean pharmaceutical patent designed to secure exclusive rights over a novel drug formulation or method. Its scope likely encompasses specific active compounds, combinations, or treatment modalities, supported by claims that emphasize inventive steps over prior art. In the highly competitive pharmaceutical landscape of South Korea, such patents are fundamental to securing market exclusivity and fostering innovation.
Key Takeaways
- Patent KR20140097438's scope is primarily centered on a specific pharmaceutical composition or method, with claims likely covering broad therapeutic applications and specific formulations.
- The patent landscape in South Korea favors innovation, with strategic patent filings often extending into multiple jurisdictions to maintain global protection.
- Robust claims and thorough prosecution history are crucial for defending the patent against challenges and ensuring commercial advantage.
- Stakeholders should monitor related patent families and market entries to manage infringement and licensing opportunities effectively.
- Continued innovation through additional patents can secure sustained competitive positioning in the evolving Korean pharmaceutical sector.
5. FAQs
Q1: How does South Korea’s patent system impact pharmaceutical patent enforcement?
A1: South Korea enforces stringent patent examination standards, resulting in high-quality patents that are well-defended in court. The system supports early patent grants, but patents can still face invalidation if prior art is uncovered.
Q2: Can KR20140097438's claims be challenged post-grant?
A2: Yes. Stakeholders can initiate invalidation proceedings based on prior art disclosures, or third-party observations can lead to re-examination.
Q3: Does South Korea allow patent term extensions for pharmaceuticals?
A3: Yes. While the standard patent term is 20 years, extensions can be granted to compensate for regulatory approval delays, subject to specific conditions.
Q4: What is the importance of the scope of claims in pharmaceutical patents?
A4: The scope determines the breadth of protection; broad claims cover more variants, but may face higher invalidation risk, whereas narrow claims offer limited protection but are easier to defend.
Q5: How does the patent landscape influence drug pricing in South Korea?
A5: Strong patent protection reduces generic competition, enabling higher drug prices during patent exclusivity, ultimately impacting healthcare costs and access.
References
[1] Korean Intellectual Property Office (KIPO). Patent Examination Guidelines. 2012.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Report – Pharmaceuticals. 2021.
[3] Kim, H., et al. "Patent Strategies in South Korea's Pharmaceutical Industry." Journal of IP and Law, 2020.
