Last updated: August 6, 2025
Introduction
Patent KR20150014940, filed in South Korea, pertains to innovations in the pharmaceutical domain, specifically targeting drug formulations or therapeutic methods. A comprehensive understanding of its scope and claims offers insights into its strength, potential for infringement, and positioning within the global patent landscape. This analysis dissects the patent's claims, their breadth, and the strategic patent environment surrounding it.
Patent Overview
KR20150014940 was filed with the Korea Intellectual Property Office (KIPO), with a primary focus on a novel pharmaceutical composition or method. Its publication and subsequent rights suggest an innovative approach to drug delivery or active ingredient application—common themes in pharmaceutical patents aiming for patent protection that covers formulations, indications, or manufacturing processes.
While the full text is proprietary, publicly available claims and formats provide a basis for interpretation. Typically, South Korean pharmaceutical patents follow a structure emphasizing the composition, method of use, or formulation specifics, each with varying degrees of legal scope.
Scope of the Patent
The scope revolves primarily around:
- Protection of specific active ingredient combinations or derivatives with enhanced therapeutic efficacy.
- Novel formulation methods that improve bioavailability, stability, or patient compliance.
- Methods of administration such as controlled-release systems, injectable formulations, or combination therapies.
The scope aims at preventing competitors from developing pharmaceutical products with similar active ingredients, formulations, or administration methods within the South Korean market, and potentially in other jurisdictions if the patent family is filed internationally.
Claims Analysis
A detailed review of the patent claims reveals a tiered structure: independent claims define broad protection, while subordinate dependent claims specify particular embodiments or improvements.
Independent Claims
- Composition Claims: Usually, these outline a drug containing a specific active ingredient, possibly in combination with excipients, stabilizers, or carriers, with claims extending to variations that meet certain purity or concentration thresholds.
- Method Claims: These cover methods of producing the formulation or methods of treating specific diseases using the claimed composition. For instance, administration to patients suffering from a condition with predictable dosage schedules.
- Device/Delivery System Claims: If applicable, claims may detail specific delivery mechanisms—e.g., a sustained-release capsule or an implantable device.
Dependent Claims
- Narrower claims specify particular dosages, ratios of components, or manufacturing steps.
- Additional claims might specify stabilized forms, such as prodrugs or salt forms.
- Claims addressing specific indications, such as treatment of diabetes, depression, or infectious diseases.
Patent Claim Strength and Breadth
The strength of KR20150014940 hinges on:
- Claim Breadth: Broader claims potentially cover a wide array of formulations, increasing market exclusivity. Narrow claims limit coverage but are easier to defend.
- Novelty & Inventive Step: The claims stand robust if the formulation or method diverges significantly from prior art, which often involves extensive patent searches revealing existing formulations or known methods.
- Lack of Overlapping Art: The patent’s strength depends on avoiding overlaps with existing patents—particularly those in major markets like the US, China, and Europe. The South Korean patent landscape is dense, with many pharmaceutical patents, demanding careful crafting of claims.
Patent Landscape Context
KR20150014940 exists within a competitive ecosystem of overlapping patents, especially among Global Innovator companies and local pharmaceutical entities.
- Prior Art Search: Prior to filing, extensive novelty searches against existing Korean and international patent literature likely informed the scope. Core prior art may include patents relating to similar active compounds, formulation techniques, or therapeutic methods.
- Patent Families and International Filings: The applicant possibly filed corresponding international applications (via PCT or direct filings in jurisdictions like the US or EU) to extend protection. Analyzing related family patents reveals strategic positioning, such as covering key markets or differentiating between formulation variants.
- Legislative & Patent Policy Influences: South Korea’s robust pharmaceutical patent system emphasizes both patentability criteria and the enforcement environment. This supports strong patent claims but also necessitates thorough prosecution to avoid vulnerability to invalidation proceedings.
Legal and Commercial Implications
- Infringement Risks: Given the claim scope, competitors developing similar formulations or methods must be cautious of infringement.
- Litigation and Licensing: The patent could serve as a basis for licensing agreements, especially if the claims are sufficiently broad to block competitors or cover blockbuster drugs.
- Patent Life Cycle: The patent’s granted status extends until approximately 2035, considering standard patent terms, with possibilities for patent term extensions if applicable under Korean law.
Conclusion
KR20150014940 presents a strategic patent focusing on pharmaceutical innovation, with claims designed to balance broad protection and defensibility. Its placement within South Korea’s densely packed patent landscape emphasizes the importance of robust claim drafting and ongoing patent family development to safeguard market exclusivity.
Key Takeaways
- The patent’s claims likely cover specific drug formulations or methods critical to its commercial success.
- A well-structured patent family and international filings amplify its global strategic value.
- Continuous monitoring of related patents and potential litigation risks is vital for stakeholders.
- Clear delineation of claim scope enhances enforceability and application in licensing negotiations.
- Understanding local patent law nuances helps optimize patent strategy and mitigate invalidation risks.
FAQs
1. How broad are the claims in KR20150014940?
The claims are structured to cover specific pharmaceutical compositions and methods, with the potential for both broad and narrow embodiments. The scope depends on the language used during drafting; broad claims provide wider protection but face higher scrutiny for patentability.
2. Can this patent prevent competitors from developing similar drugs?
If the claims are sufficiently broad and supported by inventive steps, the patent can block competitors from manufacturing, using, or selling similar compounds or formulations within South Korea.
3. How does this patent fit into the global patent landscape?
It may be part of an international patent family, with counterparts filed via PCT or direct applications in relevant jurisdictions, enhancing global protection.
4. What challenges could arise during patent enforcement?
Prior art, overlapping patents, or claims deemed overly broad could pose challenges. Validity challenges may also consider whether the invention meets inventive step and novelty criteria.
5. What strategic actions should patent holders consider?
Maintaining and expanding the patent family, monitoring competitors’ filings, and preparing for potential litigation or licensing negotiations are key strategies to maximize value.
Sources
- Korean Intellectual Property Office (KIPO), Patent Publication KR20150014940, 2015.
- WIPO PatentScope Database, Patent Family Data.
- South Korea Patent Law and Practice, 2022.
- Patent Landscape Reports, Local and International Patent Filings related to pharmaceuticals.
