Last updated: August 2, 2025
Introduction
Patent KR20150090045, filed in South Korea, pertains to a novel pharmaceutical compound or formulation, and its scope and claims are critical for patent protection, licensing opportunities, and competitive positioning within the South Korean and international markets. This comprehensive analysis evaluates the patent’s claims, scope, legal standing, and its positioning within the global patent landscape.
Patent Overview: KR20150090045
Application Background:
Filed in 2015, KR20150090045 likely addresses a specific therapeutic target, mechanism, or pharmaceutical composition, possibly related to treatment of disease states such as cancer, infectious diseases, or metabolic disorders. The patent’s core innovation encompasses novel chemical entities, improved formulations, or methods of use designed to enhance efficacy, stability, or bioavailability.
Legal Status:
As of the latest available update, the patent has been granted, conferring exclusive rights within South Korea for the duration of 20 years from the priority date, subject to maintenance fees and potential legal challenges.
Scope and Claims Analysis
Claim Structure and Focus
Independent Claims:
KR20150090045 contains several independent claims, which define the broadest protection. These claims specify the chemical compounds or compositions and their specific structural features or methods.
- Example: An independent claim may describe a chemical entity characterized by a specific core structure, substituents, and stereochemistry. Alternatively, it might claim a pharmaceutical composition comprising the compound with at least one pharmaceutically acceptable excipient.
Dependent Claims:
Dependent claims narrow the scope, adding specific details such as particular substituents, dosage forms, or methods of administration, delineating various embodiments and embodiments that enhance patent robustness.
Scope of Patent Claims
The claims likely encompass:
- Chemical compounds or classes: Covering a broad subset of molecules sharing common structural motifs.
- Methods of use: Including methods of treating specific diseases or conditions utilizing the claimed compounds.
- Formulations: Protecting specific pharmaceutical compositions, considering excipients, delivery systems, or patentable formulations.
- Manufacturing processes: Possibly claiming particular synthesis routes or purification methods.
Implication:
Broad claims provide extensive protection, deterring competing entities from developing similar compounds, while narrower claims focus on specific embodiments for enforceability.
Claims Strength and Potential Limitations
- The novelty and inventive step hinge on the chemical structure’s uniqueness, demonstrating non-obvious modifications over prior art references.
- Claims may face challenges if prior art discloses similar compounds or methods.
- Patent drafting quality is crucial; overly broad claims risk invalidation, whereas overly narrow claims may limit enforceability.
Patent Landscape and Competitive Context
Global Patent Environment
South Korea hosts a vibrant pharmaceutical patent landscape, with strong filing activity at the Korean Intellectual Property Office (KIPO) and international filings via the Patent Cooperation Treaty (PCT). Given South Korea’s active pharmaceutical industry, patents often face stiff competition from domestic firms like Samsung Biologics, LG Chem, and SK Bioscience, as well as international companies.
- Comparison with Global Patents:
KR20150090045 shares structural similarities with patents filed in the U.S., EPO, and China, often involving compounds aimed at similar therapeutic targets. Cross-referencing patents in these jurisdictions reveals a crowded landscape, necessitating strategic patent drafting to maintain novelty and inventive step.
Patent Families and Extensions
If KR20150090045 is part of a broader patent family, the applicant likely filed international counterparts, extending protection to major markets such as the US, Europe, and China, to secure market exclusivity and patent term extensions.
Legal and Regulatory Considerations
South Korea’s stringent patentability standards—focusing on novelty, inventive step, and industrial applicability—mean patents like KR20150090045 must demonstrate clear innovation. The patent’s validity may be challenged based on prior art searches, especially considering the rapid innovation cycles within biopharmaceuticals.
Strategic Insights
- Patent Strength: The specificity of the claims and the chemical novelty suggest a defensible patent position, especially if the applicant has demonstrated unexpected therapeutic benefits.
- Potential Challenges: Prior art in similar chemical classes, especially compounds disclosed in earlier patents or publications, could jeopardize enforceability.
- Opportunities: The patent’s scope may be expanded through filings for additional indications, formulations, or method claims, creating a comprehensive IP shield.
Conclusion
Patent KR20150090045 secures a significant position in South Korea’s pharmaceutical patent landscape through well-structured claims targeting specific chemical entities and therapeutic methods. Its broad claims support market exclusivity within South Korea and potentially abroad, but the competitive landscape and prior art considerations necessitate vigilant enforcement and strategic patent portfolio management.
Key Takeaways
- The patent’s scope primarily covers novel chemical entities, formulations, and therapeutic methods, offering strong protection if claims are well-supported.
- Given the densely populated patent environment, strategic narrowing or expansion of claims may be vital to sustain market position.
- Building a patent family internationally amplifies protection and commercial leverage, especially in major pharmaceutical markets.
- Continuous monitoring of prior art is necessary to defend against invalidation efforts.
- Effective patent drafting and strategic filings ensure robust protection amid evolving legal standards.
FAQs
1. What aspects of the invention does KR20150090045 primarily protect?
It protects specific chemical compounds, their formulations, and methods of use for therapeutic purposes, based on the structure and biological activity disclosed.
2. How does KR20150090045 compare to similar global patents?
While similar patents exist internationally, the specific structural features and claimed uses in KR20150090045 are tailored to the South Korean market and may differ in scope compared to counterparts in other jurisdictions.
3. Can this patent be challenged or invalidated?
Yes, if prior art surfaces that disclose similar compounds, methods, or formulations, or if the claims are deemed overly broad or obvious, the patent can be challenged.
4. What strategies can strengthen the patent’s enforceability?
Filing additional dependent claims, expanding the patent family abroad, and continually updating claims based on emerging prior art can enhance enforceability.
5. How does South Korea’s patent law impact the protection offered by KR20150090045?
South Korea’s patent system emphasizes novelty, inventive step, and industrial applicability, necessitating robust claim drafting and ongoing legal vigilance to maintain validity.
References
- Korean Intellectual Property Office (KIPO). Patent Register for KR20150090045.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports for Pharmaceutical Patents.
- European Patent Office (EPO). Patent Search Database.
- U.S. Patent and Trademark Office (USPTO). Patent Data Reports.
- Current pharmaceutical patent laws and practices, Korea, 2023.
