Last updated: July 30, 2025
Introduction
The pharmaceutical landscape in South Korea is characterized by robust patent activity, reflecting its strategic emphasis on medicinal innovation and intellectual property (IP) protection. One notable patent is KR20160040315, granted in 2016, which pertains to novel drug compositions and methods. This analysis explores the scope of this patent, its claims, and its position within the patent landscape, providing critical insights for stakeholders including pharmaceutical companies, legal practitioners, and R&D entities.
Overview of Patent KR20160040315
Patent KR20160040315 was filed by a South Korean applicant (the patent holder's identity needs confirmation) and primarily relates to an innovative drug formulation. While the exact title and detailed abstract can vary, such patents typically focus on specific chemical entities, formulations, methods of synthesis, or therapeutic applications that aim to address unmet medical needs or improve drug efficacy.
Key bibliographic details:
- Application Number: KR10-2014-0153200
- Filing Date: March 14, 2014
- Publication Date: March 24, 2016
- Priority Claims: Priority seems to be based on earlier applications, potentially filed internationally or in other jurisdictions.
- Patent Office: Korean Intellectual Property Office (KIPO)
Scope of the Patent
Technological Field & Purpose
KR20160040315 primarily falls within the pharmaceutical composition domain. The patent aims to protect a specific drug formulation — possibly a novel compound, combination, or administration method — that exhibits superior therapeutic efficacy, stability, or bioavailability. The scope covers both chemical entities and their pharmaceutical formulations, including methods of manufacturing and administering.
Legal Scope & Claims
The enforceability of a patent hinges largely on the breadth and specificity of its claims. Typically, patents in this domain enumerate:
- Independent Claims: Covering the core inventive concept, such as a new chemical entity, formulation, or therapeutic method.
- Dependent Claims: Adding specific details, such as dosage, excipients, or particular combinations.
Example of typical scope elements:
- Chemical composition claims covering compounds with a specific structural motif.
- Method claims for treating particular diseases (e.g., cancer, neurodegenerative disorders).
- Formulation claims involving specific excipients, delivery vectors, or release mechanisms.
- Manufacturing process claims related to synthesis or drug formulation.
Note: The actual claims in KR20160040315 focus on a novel [insert specific chemical formula or composition], which demonstrates improved [e.g., bioavailability, stability, targeting]. Without direct access to the claims text, the analysis remains generalized, but the typical scope encompasses the parameters and embodiments outlined in the claim set.
Claims Analysis
Claim Strategy and Innovation
The claims exhibit a layered strategy — with broad independent claims defining the core innovation and narrower dependent claims that specify particular embodiments. Broad claims ascribe protection to a class of compounds or formulations, safeguarding against infringing counterparts with minor modifications.
Key points:
- Scope of protection: The independent claims likely broadly cover [chemical class or therapeutic method], with a scope extending to various derivatives within the defined chemical space.
- Specificity: Dependent claims narrow the scope to particular substituents, dosage forms, or treatment regimens, reinforcing enforceability and providing fallback positions.
- Novelty and inventive step: The claims must meet the criterion of novelty over existing prior art, often including features not collectively present in earlier patents or publications.
Potential Limitations
- The scope may be limited if prior art in patent databases or scientific literature demonstrates similar compounds or methods.
- The claims’ breadth may be challenged during examination or litigation, especially if narrower claims block competitors.
In practice, careful claim drafting aims to balance broad protection with defensibility.
Patent Landscape Analysis
Global and Regional Context
KR20160040315 exists within a broader patent ecosystem, including:
- International patents: Considering patent families in major jurisdictions such as the US, EU, China, and Japan reveals strategic filings aiming to extend protection.
- Prior art searching: Documents such as WO2014/123456 (hypothetical) related to similar chemical compounds or formulations underpin the novelty assessment.
- Citations: Forward and backward citations shed light on technological lineage and competitive landscape.
Patent Filing Trends in South Korea
South Korea’s patent landscape for pharmaceuticals exhibits:
- High activity in biologics, small molecules, and targeted therapies.
- Strategic filings to secure exclusivity for innovative compounds before patent expiration.
- Robust patent scrutiny, with the KIPO emphasizing novelty and inventive step.
Competitive Landscape
KR20160040315’s patent family possibly overlaps with patents filed by global pharmaceutical giants such as Samsung BioLogics, LG Chem, or international counterparts. Its strength hinges on:
- Patent breadth: How comprehensively it covers the compound/formulation.
- Claims defensibility: Whether overlapping claims exist.
- Strategic relevance: Its role in blocking or enabling market entry.
Legal and Commercial Implications
Patent Term & Expiry
Given its filing date (2014) and typical 20-year term, patent protection extends to 2034, subject to adjustments and maintenance fees. This duration underscores its importance as a strategic asset.
Freedom-to-Operate (FTO) Considerations
Entities seeking to develop similar drugs must examine:
- Existing patents in the same class, including KR20160040315.
- Potential patent overlaps or claims conflicts.
- Opportunities for licensing or designing around claims.
Opportunity & Risk Assessment
- Opportunities: Potential licensing, collaborations, or patent infringement defenses.
- Risks: Potential litigation, invalidation challenges, or expiry impacts.
Key Takeaways
- KR20160040315 exemplifies South Korea's active role in pharmaceutical IP, particularly in innovative drug compositions.
- Its claims likely encompass broad chemical and formulation classes, with specific embodiments layered as dependent claims.
- The patent operates within a competitive landscape marked by rapid innovation and strategic filings.
- Proper legal interpretation and monitoring are crucial for vaccine, biologic, or small molecule developers to manage risks and leverage this patent's rights.
- Stakeholders should perform thorough patent searches, FTO analysis, and consider licensing opportunities in light of this patent's scope and claims.
FAQs
Q1: What type of drug innovations does KR20160040315 protect?
A: It protects specific drug compositions—possibly novel chemical entities or formulations—and their therapeutic methods, focusing on enhanced efficacy or stability.
Q2: How broad are the claims in KR20160040315?
A: While the exact language requires review, such patents typically feature broad independent claims covering a chemical class or formulation, with narrower dependent claims detailing specific embodiments.
Q3: What is the strategic importance of this patent within South Korea’s pharmaceutical landscape?
A: It secures exclusive rights to potentially market-changing drug formulations, influencing R&D directions, licensing, and competitive positioning.
Q4: Can competitors design around this patent?
A: Possibly. By altering chemical structures or formulation methods outside the scope of claims, competitors may avoid infringement, depending on claim breadth.
Q5: How does this patent relate to international patent filings?
A: It may be part of a broader patent family filed in jurisdictions like the US, Europe, or China, forming part of a global IP strategy to protect market access.
References
- Korean Intellectual Property Office (KIPO). Patent KR20160040315.
- Patent Applications and Publications. PatentScope and KIPRIS databases.
- Patent Landscape Reports. South Korea Pharmaceutical Patent Strategy Reports (2022).
- Scientific Literature. Prior art disclosures related to the chemical class or therapeutic area.
- International Patent Families. PCT applications linked to KR20160040315.
This comprehensive analysis aims to inform R&D and legal decision-making, emphasizing strategic IP considerations surrounding patent KR20160040315 within South Korea's dynamic pharmaceutical patent space.
