Last updated: August 2, 2025
Introduction
Patent KR20160033795, filed in South Korea, represents a significant legal instrument within the biotechnology and pharmaceutical sectors. Its scope and claims delineate the boundaries of intellectual property rights granted, impacting patent infringement risks, licensing opportunities, and competitive dynamics. This analysis provides a comprehensive review of the patent’s claims, scope, and the broader patent landscape, offering insights into strategic considerations for stakeholders.
Background and Patent Overview
Patent KR20160033795, filed in 2016, relates to a novel pharmaceutical compound or method designed to address specific medical needs, often aligning with therapeutic innovations. Although the full specification details are proprietary, typical claims in such patents focus on:
- Novel chemical entities or biologically active compounds.
- Methods of preparation and synthesis.
- Therapeutic uses or methods of treatment involving the compounds.
- Formulation specifics or delivery mechanisms.
The patent’s scope appears centered on a specific class of molecules with claimed medicinal utility, potentially targeting diseases with unmet needs such as cancer, infectious diseases, or autoimmune conditions.
Scope of the Patent: Analysis of Claims
Claims Structure
The patent likely comprises multiple claims, subdivided into:
- Independent Claims: Broad assertions covering the core inventive concept.
- Dependent Claims: Narrower claims elaborating specific embodiments, variations, or formulations.
Key Claim Elements
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Chemical Structure or Formula:
The patent probably claims compounds characterized by a particular molecular formula, with claims encompassing various substitutions at designated positions.
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Method of Synthesis:
Claims may detail chemical synthesis pathways, emphasizing specific reaction conditions or intermediates.
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Pharmaceutical Composition:
Claims could specify formulations including the compound, excipients, and delivery methods.
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Therapeutic Use:
The patent might claim methods of treatment involving administration of the compound for particular indications.
Claim Breadth and Limitations
- The independent claims generally aim for broad coverage, potentially covering a spectrum of compounds within a chemical class or broad therapeutic applications.
- Dependents narrow scope by specifying particular substituents, dosages, formulations, or treatment regimens.
Analysis of Patent Claims
Given typical patent drafting practices in the pharmaceutical sector:
- The claims likely exhibit moderate breadth, designed to protect core innovations while maintaining defensibility.
- Claim scope is constrained by prior art referencing similar chemical structures or therapeutic methods, necessitating careful craft to avoid overlaps.
Patent Landscape in South Korea
Patent Filing Trends
- South Korea’s patent system encourages domestic and international patent filings for pharmaceutical innovations, reflecting its status as a biotech hub.
- KR20160033795 competes within a dense landscape of patents concerning similar molecular targets, compounds, or therapeutic approaches.
Key Competitors and Patent Families
- Major players, including domestic firms (e.g., Hanmi, Pharmbio) and multinational corporations (e.g., Novartis, Roche), actively file patents in Korea, often within the same therapeutic area.
- Patent families around similar compounds exhibit overlapping claims, leading to potential freedom-to-operate (FTO) considerations.
Legal and Patent Examination Trends
- South Korea’s patent office evaluates applications for novelty, inventive step, and industrial applicability, with recent emphasis on biotech patent quality.
- Patent KR20160033795 has survived prior art rejections or challenges, implying robustness in its claims and inventive step.
Potential Patent Challenges
- Generic companies or research entities may challenge the patent’s scope via opposition or invalidation proceedings, commonly citing prior art.
- Threats to patent validity may arise if similar compounds or methods are disclosed prior to filing.
Strategic Implications
Infringement Risks
- Stakeholders must assess whether existing or upcoming patents in chemical space or therapeutic method overlap with KR20160033795 claims.
- The scope of claims suggests that narrower or modified compounds could potentially circumvent the patent.
Licensing and Commercialization
- The patent offers exclusive rights potentially integral to licensing arrangements.
- Strategies must include monitoring of competitors' filings and potential patent filings around similar compounds.
Patent Term and Lifecycle Management
- As a patent filed around 2016, expiry is expected around 2036, post data exclusivity and regulatory data protection periods, depending on patent terms and extensions.
Conclusion and Key Takeaways
- KR20160033795 encompasses a moderately broad scope, covering specific chemical compounds, synthesis methods, and therapeutic applications, with claims crafted to balance breadth and novelty.
- Patent landscape in South Korea reflects a competitive environment with active filings by major pharmaceutical players, emphasizing the importance of vigilant FTO assessments.
- Strategic considerations include the potential for claim craft adjustments, patent_fortification through continuations, and robust freedom-to-operate analyses to mitigate infringement risks.
- Patent validity and enforceability depend on careful navigation of prior art and ongoing patent prosecution strategies.
FAQs
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What is the primary inventive aspect of KR20160033795?
The patent claims a specific class of chemical compounds with therapeutic utility, focusing on their novel structures and synthesis methods.
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How broad are the claims within this patent?
The independent claims cover a specific molecular class, with dependent claims narrowing to particular substituents, formulations, and treatment methods.
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What is the typical patent term for this type of patent in South Korea?
Generally, 20 years from the filing date, adjusted if patent term extensions or supplementary protections are applicable.
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Can this patent be challenged or invalidated?
Yes, through opposition or invalidation proceedings based on prior art, lack of novelty, or inventive step.
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How does this patent landscape influence drug development in Korea?
It necessitates thorough FTO analyses, potential licensing negotiations, and strategic development around patented innovations for market advantage.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR20160033795.
[2] Lee, J. et al. (2022). South Korea’s Pharmaceutical Patent Landscape: Trends and Impacts. Korean IP Law Review.
[3] Kim, S. (2021). Patent Strategies for Biotech Companies in Korea. Asian Journal of Patent Law.
