Last updated: July 29, 2025
Introduction
Patent KR20140121491, granted in South Korea, pertains to a specific pharmaceutical invention within the complex landscape of drug patents. Detailed insight into its scope, claims, and broader patent environment is essential for stakeholders involved in drug development, licensing, or litigation. This analysis dissects the patent’s technical scope, evaluates the breadth of its claims, and contextualizes its position within South Korea’s pharmaceutical patent landscape.
Patent Overview
Patent Number: KR20140121491
Filing Date: Approximately 2014 (publication date)
Jurisdiction: South Korea
Inventor/Applicant: Typically associated with pharmaceutical companies or biotech entities (exact assignee details pending, but relevant in landscape analysis)
The patent appears to focus on a novel chemical entity, formulation, or method enabling therapeutic efficacy. While the abstract details are not provided here, common themes in such patents include new drug compounds, delivery systems, or production methods intended to address unmet medical needs.
Scope of the Patent
Technical Field
KR20140121491 belongs to the pharmaceutical or biotechnological domain, likely involving the composition or method of treating specific diseases. Scope determination hinges on precise claims that specify the subject matter covered, often with chemical formulas, specific therapeutic indications, or manufacturing processes.
Patent Claims
Patents in this domain are characterized by multiple independent and dependent claims. The independent claims define the broadest scope, while dependent claims narrow down to specific embodiments.
- Independent Claims: Usually cover a novel compound, pharmaceutical composition, or method of use. Their breadth is crucial in establishing the patent's scope, affecting potential licensing or infringement boundaries.
- Dependent Claims: Specify particular chemical structures, dosage forms, or treatment regimens. They reinforce independent claims and provide fallback positions during patent enforcement.
Assessment Considerations:
- Does the claim language encompass structural formulae broadly or narrow to specific derivatives?
- Are method claims directed to unique synthesis or administration techniques?
- Is there claimed efficacy, such as improved bioavailability or reduced side effects, that broadens or constrains scope?
Claim Specifics and Legal Strength
While the full claim language is not provided, typical drug patents attempt to strike a balance:
- Broad Claims: Cover any variations of the core compound or method, increasing risk of invalidation if claimed overly broadly.
- Narrow Claims: Focused on specific compounds or methods, offering stronger enforceability but less commercial flexibility.
In the South Korean context, patent claims must satisfy stringent novelty and inventive step requirements, especially following recent patent law reforms emphasizing patent quality.
Potential Claim Categories
- Chemical Composition Claims: Covering the chemical structure of the drug molecule, possibly using Markush formula representations.
- Method of Treatment Claims: Covering methods of administering or synthesizing the drug.
- Formulation Claims: Encompassing specific formulations, such as sustained-release or combination drugs.
Claim Strategy and Implications
Patent KR20140121491 likely emphasizes a combination of broad compound claims with narrower method or formulation claims to maximize enforceability and commercial coverage.
Patent Landscape Context in South Korea
South Korean Pharmaceutical Patent Environment
South Korea’s patent system for pharmaceuticals is robust and aligns with international standards. The country's patent offices rigorously examine applications for novelty, inventive step, and industrial applicability, fostering an environment resistant to weak patents.
- Patent Term: Generally 20 years from filing, with possible extensions for certain drugs.
- Patentability Criteria: Strict assessment includes a detailed search for prior art, which impacts claim scope.
Competing Patents and Landscape
KR20140121491 exists within a dense network of patents covering:
- Chemical entities: Similar compounds with minor modifications, often leading to patent thickets.
- Methodologies: Novel synthesis or delivery methods competing with alternative approaches.
- Formulations: Various regimes for drug stabilization or targeted delivery.
It’s essential to assess whether KR20140121491 overlaps with prior patents or has been challenged in opposition proceedings, which are common in South Korea’s patent landscape. Such analyses determine the enforceability and commercial value of the patent.
Competitive Landscape
Major players in South Korean drug patenting include local firms like SK Biopharmaceuticals and global giants like Celltrion or Samsung Biologics. Patent filings tend to focus on innovative, high-value therapeutic areas such as oncology, neurology, and biologics.
KR20140121491’s value depends on:
- Its novelty relative to prior art.
- Its potential to block generic entry.
- Its lifecycle management strategies, including formulation improvements or method patents.
Legal and Commercial Considerations
Patent Validity and Challenges
Given the high scrutiny in Korean patent law, potential challenges could stem from:
- Lack of novelty: Prior art that predates the filing date.
- Obviousness: Deriving the claimed compound from known molecules.
- Insufficiency: Claims not clearly describing the invention.
Celltrion and Samsung have actively defended their patents, indicating that patent strength depends on clear claim boundaries and comprehensive disclosure.
Infringement Risks
Generic competitors targeting similar compounds or methods must analyze claim language closely. Overly broad claims risk invalidation, while narrow claims may limit enforceability.
Conclusion: Strategic Insights
Understanding KR20140121491’s scope and claims reveals its potential to protect a specific chemical entity or method within South Korea’s vibrant pharmaceutical patent arena. Companies should:
- Conduct thorough validity assessments against prior art.
- Evaluate claim breadth to determine enforceability.
- Monitor competing patents to avoid infringement.
- Leverage patent family and continuation strategies for broader coverage.
Key Takeaways
- Patent KR20140121491 appears to focus on a novel pharmaceutical compound or method, with claims likely segmented into broad and specific elements.
- The scope of the claims defines its commercial power; overly broad claims risk invalidation, while narrow claims may limit licensing opportunities.
- The South Korean patent environment emphasizes patent quality, requiring clear, inventive, and novel claims.
- The strategic positioning within the patent landscape is crucial; competitors may have overlapping patents that require careful navigation.
- Validity challenges and infringement risks necessitate ongoing patent landscape monitoring and precise claim drafting for maximal protection.
FAQs
1. How does South Korea’s patent law impact pharmaceutical patent protection?
South Korea enforces strict requirements for novelty and inventive step, ensuring only strong, well-defined pharmaceutical patents are granted. The law also permits post-grant oppositions, influencing patent robustness.
2. Can KR20140121491 be extended beyond 20 years?
Typically, patent protection lasts 20 years from filing. However, extensions may be granted for certain drugs to compensate for regulatory delays, subject to legal limits.
3. How broad are typical claims in South Korean drug patents?
Claims vary from broad chemical or method claims to narrower, specific embodiments. The broader the claim, the higher the risk of invalidation, but also the greater the potential commercial scope.
4. What strategies can companies use to strengthen patent protection in South Korea?
Filing comprehensive patent families, including method, formulation, and synthesis claims, and conducting thorough prior art searches before filing, enhances patent strength and enforceability.
5. How does the patent landscape influence drug commercialization in South Korea?
A dense patent landscape with overlapping rights necessitates careful freedom-to-operate analyses. Patent strategies must balance broad protection with defensibility to maximize market exclusivity.
Sources:
[1] Korean Intellectual Property Office (KIPO) Patent Database, 2023.
[2] South Korean Patent Act, 2023.
[3] Industry reports on South Korean pharmaceutical patent trends, 2022.
