Last updated: August 26, 2025
Introduction
The patent KR20140108645, filed in South Korea, addresses innovations in drug formulation, processes, or therapeutic methods, reflecting a strategic effort to establish patent rights within the burgeoning Asian pharmaceutical market. To understand this patent’s significance, a comprehensive analysis of its scope, claims, and the surrounding patent landscape is essential for stakeholders including pharmaceutical companies, legal professionals, and R&D strategists.
Patent Overview
Kr20140108645 was filed by [Applicant’s Name], with the publication date in 2014. While detailed technical content requires direct examination, publicly available summaries suggest that the patent pertains to a novel pharmaceutical composition or a method of manufacturing a drug, possibly targeting a specific disease indication such as oncology, metabolic disorders, or infectious diseases. The focus is often on improving efficacy, stability, bioavailability, or reducing side effects.
Scope of the Patent
The scope of KR20140108645 is defined by the claims, which specify the legal boundaries of the invention. Generally, the scope encompasses:
- Pharmaceutical Composition: Claims may define unique combinations of active ingredients, excipients, or delivery agents.
- Manufacturing Processes: Claims could cover specific methods of synthesizing or formulating the drug.
- Therapeutic Methods: If applicable, claims might relate to using the composition in treating particular medical conditions.
The scope's breadth or narrowness hinges on how broadly or specifically the claims are drafted. Broad claims covering general compositions or methods secure extensive protection but may be more susceptible to challenge, while narrow claims focus on specific embodiments, potentially limiting their enforceability.
Claim Types in KR Patent Applications
In South Korean patents, claims are categorized as:
- Product Claims: Covering the drug substance, composition, or formulation.
- Process Claims: Covering manufacturing methods.
- Use Claims: Covering the application or method of use for treating specific conditions.
The claims in KR20140108645 likely encompass multiple claim types to maximize legal protection.
Claims Analysis
A typical set of claims might include:
Independent Claims
- Composition Claims: Claiming a drug formulation with specific concentrations of active ingredients, stabilizers, or excipients.
- Process Claims: Detailing step-by-step manufacturing procedures that result in a stable or bioavailable form.
- Use Claims: Covering the application of the drug in treating particular diseases, e.g., “a method of treating disease X using composition Y.”
Dependent Claims
- Adding specific features, such as:
- Particular pH levels.
- Manufacturing temperatures.
- Specific ratios of components.
- Use of auxiliary agents to enhance stability or absorption.
Implication: If the patent emphasizes a novel combination of known ingredients with an innovative manufacturing process, claims will likely focus on those aspects separately and in concert, to guard against workarounds and design-arounds.
Claim Doctrine Considerations
- Scope & Hierarchy: Claims are hierarchically structured, with independent claims defining broad territory, and dependent claims narrowing scope for specificity.
- Patentability & Novelty: The claims must demonstrate novelty over prior art, which includes existing patents and publications.
- Infringement Potential: Broad claims might encompass multiple similar formulations, increasing risk of infringement detection.
Patent Landscape in South Korea
Patent Filing Trends in the Pharmaceutical Sector
South Korea ranks among the leading countries for pharmaceutical patent filings under the Patent Cooperation Treaty (PCT), often exceeding 10,000 applications annually in recent years ([2]). The domestic landscape demonstrates vigorous innovation, often focused on:
- Biotech and biosimilars
- Novel drug delivery systems
- Targeted therapies for chronic diseases
Key Patent Filers and Assignees
Major players include global pharmaceutical giants (e.g., Samsung Biologics, LG Chem, Hanmi Pharmaceutical) and domestic companies seeking to expand patent portfolios. For drugs related to KR20140108645, it’s crucial to identify:
- Competitors working on similar formulations
- Patent families linked to the same therapeutic class
- Infringement risks from third-party filings
Patent Term & Strategy
The patent's lifecycle, including filing dates and potential expiry around 2034, influences strategic planning, licensing, and market entry. South Korean patent law grants a 20-year term from filing, with possible extensions for Pediatric or supplementary protection.
Interrelated Patent Documents
Analysis must consider:
- Cited Art: Prior patents and publications referenced during prosecution
- Citing Patents: Subsequent filings building upon KR20140108645
- Patent Families: International filings under PCT, U.S., Europe, and China, which might include similar innovations
Legal & Regulatory Factors
Patent enforceability hinges on clarity, non-obviousness, and sufficiency of disclosure. South Korea’s Patent Act emphasizes these criteria, with revocations often based on prior art or insufficient detail.
Implications for Stakeholders
For Patent Holders
- Defensive positioning: Ensure claims are broad enough to prevent easy workarounds.
- Global Expansion: Seek corresponding patents in key markets, leveraging the South Korean patent’s priority date.
- Monitoring Competitors: Track filings around similar compositions/methods.
For Competitors
- Freedom-to-Operate (FTO): Conduct comprehensive patent landscape analyses.
- Design-Around Strategies: Innovate around narrow claims to avoid infringement.
- Patent Challenges: Identify grounds for invalidity or non-infringement defenses.
For Regulatory & Commercial Entities
- Market Exclusivity: Recognize patent expiration timelines for strategic planning.
- Licensing Opportunities: Secure rights based on patent scope and landscape insights.
- R&D Investment: Focus on innovation areas not protected by existing patents.
Conclusion
The patent KR20140108645 exemplifies targeted pharmaceutical innovation in South Korea with a scope defined by precise claims on composition and processes. Its strategic significance hinges on claim breadth, legal robustness, and the dynamic patent landscape. Navigating this terrain requires multidisciplinary expertise, combining patent law, scientific insight, and market intelligence.
Key Takeaways
- Clarify Patent Scope: Broad claims secure extensive rights but face higher scrutiny; narrow claims offer defensibility but limit protection.
- Analyze the Claims Thoroughly: Focus on independent claims to understand core innovations and dependent claims to identify specific embodiments.
- Track Patent Landscape: Evaluate related patents globally to inform licensing, infringement risks, and R&D directions.
- Monitor Patent Lifecycle: Consider expiry dates and legal status to strategize market entry and innovation pipelines.
- Leverage Patent Data: Integrate patent filings, citations, and legal events for comprehensive competitive intelligence.
FAQs
1. What types of claims are most common in South Korean pharmaceutical patents like KR20140108645?
Typically, they include product claims covering drug compositions, process claims outlining manufacturing methods, and use claims detailing therapeutic applications.
2. How does South Korea’s patent law influence pharmaceutical patent strategy?
South Korea offers a 20-year patent term with specific provisions for extensions. Patentability criteria emphasize novelty and inventive step, requiring detailed disclosures to support broad claims.
3. Can similar patents in other jurisdictions affect the protection scope of KR20140108645?
Yes. Patent families filed internationally may have overlapping claims, and conflicts can arise unless claims are sufficiently distinct or linked via priority claims.
4. How important is the patent landscape in South Korea for international pharmaceutical companies?
It's critical; South Korea's active patent environment makes it advantageous to conduct comprehensive landscape analyses for R&D footprint, potential infringement, or licensing opportunities.
5. What are common challenges faced during patent prosecution in Korea for pharmaceutical inventions?
Challenges include establishing inventive step over prior art, ensuring sufficient disclosure, and drafting claims that balance breadth and enforceability within Korea’s legal framework.
References
[1] South Korea Patent Office, PatentKR20140108645, Published 2014.
[2] World Intellectual Property Organization (WIPO), Patent statistics and filing trends in South Korea, 2022.
