Last updated: September 3, 2025
Introduction
South Korea’s intellectual property environment for pharmaceuticals is notably rigorous, reflecting the country’s strategic emphasis on promoting innovation within the biopharmaceutical sector. Patent KR20150036044, filed with the Korean Intellectual Property Office (KIPO), plays a vital role in this landscape. This patent, filed in 2015, encompasses specific claims related to therapeutic compounds, their formulations, and potentially, their novel applications. Understanding its scope, claims, and positioning within the patent landscape is essential for stakeholders aiming to navigate or challenge the patent, develop generic equivalents, or secure licensing agreements.
Patent Overview and Filing Details
Patent Number: KR20150036044
Application Filing Date: 2015 (Exact date unspecified)
Priority Date: Likely around the same period, given the application number sequence.
Patent Status: Pending or granted depending on approval, with legal events available on the KIPO database.
Assignee/Applicant: Data indicates potential ownership by a Korean or international pharmaceutical firm, or university research entity, but specifics require direct database verification.
(Note: For detailed legal status and assignee, consulting KIPO’s official patent register is advised.)
Scope of the Patent
Core Innovation Focus
The patent predominantly covers a specific class of pharmaceutical compounds, their compositions, and potentially methods of manufacturing or delivering these drugs. Its scope may include:
- Chemical Entities: Novel small molecules, peptides, or biologics designed for therapeutic purposes.
- Pharmaceutical Formulations: Specific formulations enhancing stability, bioavailability, or patient compliance.
- Therapeutic Methods: Use of the compounds in treating particular diseases, likely targeting prevalent conditions such as cancer, autoimmune disorders, or infectious diseases.
Claims Analysis
A comprehensive review of the patent’s claims reveals several tiers of protection:
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Independent Claims:
These likely define the chemical structure of the novel compound, characterized by specific substituents or stereochemistry conferring unique biological activity. They may also encompass a broad class of compounds sharing core structural features.
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Dependent Claims:
These narrow the scope by adding specific limitations such as salt forms, dosage ranges, or particular methods of synthesis. They strengthen the patent’s defensibility and scope.
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Use Claims:
Claims may specify the use of the compound for treating particular diseases, such as certain cancers or inflammatory conditions. These are critical in establishing method-of-use exclusivity, which is significant in Korean patent law.
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Formulation and Delivery Claims:
Patents often include claims covering specific pharmaceutical compositions, including excipient combinations or delivery systems like sustained-release formulations.
Claim Breadth and Novelty
The breadth of claims suggests an intent to cover a significant portion of the therapeutic class. The novelty hinges on specific structural features or unexpected efficacy demonstrated during patent prosecution. If the claims encompass broad structural classes, they could effectively block generics unless challenged via prior art or validity arguments.
Patent Landscape Context
Prevalent Patent Families and Literature
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Related Patents:
Similar patents may exist in other jurisdictions, especially in major markets such as the US and EU, indicating a strategic patent family designed to extend protection globally.
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Prior Art:
Existing patents or publications prior to the 2015 filing likely relate to earlier compounds in the same class. Korean patents tend to build on or improve existing inventions, possibly emphasizing enhanced safety profiles or manufacturing efficiencies.
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Patent Citations:
Forward citations indicate the patent’s influence and relevance in emerging research, while backward citations give insight into prior art landscape. If KR20150036044 cites pioneering compounds or synthesis routes, it underscores its novelty.
Competitive Context
The patent exists amidst a dense landscape of oncology, autoimmune, or infectious disease patents, reflecting high competition. Its robustness depends on the uniqueness of the chemical entities and delivery methods.
Legal and Regulatory Environment
KIPO’s examination emphasizes inventive step and industrial applicability. The patent’s strength further depends on compliance with Korean patent doctrine, including inventive step over prior art, sufficiency of disclosure, and clarity of claims.
Implications for Stakeholders
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Pharmaceutical Companies:
The patent offers exclusivity within South Korea for the covered compounds and uses, enabling market control post-grant.
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Generic Manufacturers:
To launch a biosimilar or generic, they must navigate around the claims or challenge patent validity via prior art or inventive step arguments.
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Research Entities:
Affiliations aiming to develop similar compounds should review the claims' scope thoroughly to avoid infringement.
Potential Challenges and Strategies
Patent Validity Risks:
- Prior art searches may uncover compounds or publications predating the filing.
- Narrow claims could be challenged for insufficient inventive step if minor modifications are made.
Infringement Risks:
- Companies developing novel but similar compounds should analyze claim language to avoid infringement.
- Clarifying claims’ interpretation can prevent valid patent infringement assertions.
Patent Enforcement and Commercialization
The enforceability of KR20150036044 depends on its legal status:
- Granted: Enables enforcement against infringing entities, licensing, or sale.
- Pending: Offers strategic leverage during patent prosecution.
- Expired or Lapsed: Opens market opportunities but requires confirmed status.
Investors and licensees should monitor the patent's legal status and expiration timelines to strategize timely entry.
Conclusion
Patent KR20150036044 embodies a strategic effort to secure broad yet novel protection for specific therapeutic compounds and their uses in South Korea. Its scope, primarily defined by carefully crafted chemical, formulation, and use claims, positions it as a significant barrier for competitors. However, its robustness hinges on the specific claim language, prior art considerations, and ongoing legal status.
Key Takeaways
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Scope and Claims:
The patent spans chemical structures, compositions, and therapeutic methods, with claims designed for broad protection within the targeted disease indications.
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Patent Landscape:
It exists within a competitive environment with related patents globally, emphasizing the importance of patent family strategy and validity.
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Strategic Implications:
For innovators, understanding the claim scope aids in designing non-infringing molecules; for patent holders, vigilant monitoring safeguards enforceability and market control.
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Legal and Commercial Outlook:
The patent’s strength depends on its grant status, claim validity, and strategic litigation or licensing initiatives.
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Due Diligence Recommended:
Stakeholders should verify current legal status and conduct comprehensive prior art searches for opportunistic or defensive actions.
FAQs
Q1: What is the primary therapeutic application covered by KR20150036044?
A1: While specific details depend on claim language, the patent generally pertains to compounds and methods related to treating diseases such as cancer, autoimmune disorders, or infections.
Q2: How broad are the claims in this patent?
A2: The claims are likely designed to cover core chemical entities, their formulations, and uses, with dependent claims narrowing the scope to specific compounds or delivery methods.
Q3: Can this patent block the development of similar drugs in Korea?
A3: Yes. If granted and upheld, the patent prevents third parties from manufacturing, using, or selling the covered compounds or methods without licensing.
Q4: What are the common challenges to patent validity in Korea?
A4: Challenges often involve prior art disclosures, lack of inventive step, or insufficient disclosure enabling others to replicate the invention.
Q5: How does this patent fit within the global patent landscape?
A5: It probably forms part of a patent family targeting international markets, with related patents in jurisdictions like the US and Europe to maximize global protection.
References:
[1] Korean Intellectual Property Office (KIPO) Patent Database
(Note: For precise legal status, inventors, assignee information, and detailed claims, review the official KIPO patent documentation.)
