Last updated: July 29, 2025
Introduction
Patent KR20160091440 pertains to innovative pharmaceutical compositions or methods, filed within South Korea's patent system. Understanding its scope, claims, and the broader patent landscape offers strategic insights into its market positioning, exclusivity rights, and potential challenges. This analysis aims to dissect the patent’s technical features, territorial scope, and contextualize its relevance within South Korea’s biotech patent environment.
Patent Overview
Patent Number: KR20160091440
Filing Date: Likely in 2016 (following the format of Korean patents)
Publication Date: 2016 (publication typically occurs within 18-20 months of filing)
Applicant: Confidential or specific entity (specific data needed upon further review)
Jurisdiction: South Korea (Korean Intellectual Property Office - KIPO)
The patent relates to a pharmaceutical or biotechnological invention, potentially involving a novel active compound, formulation, or method of treatment.
Scope of the Patent
Technical Field
KR20160091440 resides within the pharmaceutical or biotechnology field, covering compositions, methods of preparation, or methods of use aimed at treating specific conditions. The precise invention is typically defined by the claims, which delineate the technical boundary and scope of protection.
Core Invention
Based on available patent documents, the core invention can be summarized as:
- A novel compound or formulation with enhanced efficacy or reduced side effects.
- A proprietary method of manufacturing or administering the pharmaceutical composition.
- A new therapeutic application or regimen involving known compounds.
The scope is generally directed toward providing patent protection for specific compositions, methods of preparation, or therapeutic methods.
Claim Structure and Scope
Korean patents often feature a layered claim structure, with broad independent claims followed by narrower dependent claims. The typical components include:
- Independent Claims: Cover the main inventive concept, such as a specific chemical entity, composition, or process.
- Dependent Claims: Specify particular embodiments, concentrations, excipients, or dosage forms.
For KR20160091440, the key independent claim likely claims:
- A pharmaceutical composition comprising a particular active ingredient or combination thereof.
- A method of treating or preventing a specific disease using the composition.
- A specific formulation or dosage regimen.
The claims’ language is critical; precise wording determines the scope—broad claims afford wider protection but face higher scrutiny for patentability; narrower claims provide more specific coverage.
Patent Claims Analysis
Claim Types
- Product Claims: Cover the active compound, its salts, esters, or derivatives.
- Use Claims: Cover specific therapeutic uses, such as treatment of a disease.
- Process Claims: Cover manufacturing or formulation methods.
- Formulation Claims: Cover specific dosage forms, excipients, or delivery systems.
Claim Breadth and Novelty
The novelty hinges on distinguishing features over prior art, potentially the chemical structure stability, bioavailability improvements, or innovative delivery method. The breadth of independent claims often encompasses core inventive features, while dependent claims specify particular embodiments.
Potential Patentability Criteria
- Novelty: The claimed invention must be new over previous publications, patents, or known medical practices.
- Inventive Step: Demonstrates an inventive advance over existing technologies, such as improved bioavailability.
- Industrial Applicability: The invention must be capable of commercial application.
Patent Landscape in South Korea
Regional Context
South Korea maintains a robust biotech patent landscape driven by strong research institutions, leading pharmaceutical companies, and a government supportive of innovation. The patent laws align closely with international standards via TRIPS commitments, emphasizing patentability of biotech inventions.
Key Players
Major Korean pharmaceutical companies such as Samsung Biologics, Hanmi Pharmaceutical, and SK Bioscience actively file patents covering:
- Novel drug candidates
- Biologics and biosimilars
- Drug delivery systems
Patent Family and Related Rights
The patent is potentially part of a larger patent family covering:
- Patent applications in other jurisdictions (e.g., US, EU, China)
- Related provisional applications
- Continuation or divisional filings
Understanding its family members informs on its global patent strategy.
Litigation and Challenges
Samsung Bioepis and other Korean entities have engaged in patent litigations and patent opposition proceedings, reflecting a competitive environment. The patent's enforceability and resilience against challenges influence its commercial leverage.
Legal Status and Enforcement
- Grant Status: Likely granted, based on the published patent number, conferring exclusive rights in South Korea.
- Validity and Challenge: Competitors may challenge based on prior art; the patent office or courts may scrutinize the inventive step or novelty.
- Lifespan: Typically 20 years from filing, subject to annual maintenance fees.
Strategic Implications for Stakeholders
- Patent Holders: Can leverage exclusivity for marketing and licensing.
- Competitors: Must evaluate patent claims to design around or challenge validity.
- Investors: Patent strength influences valuation and partnership decisions.
Conclusion
KR20160091440 likely offers a meaningful patent position within South Korea’s pharmaceutical landscape, covering specific innovations in drug composition, formulation, or therapeutic method. Its scope—defined by precise claim language—must be interpreted against prior art and may form part of broader patent strategies.
Key Takeaways
- The patent's independent claims define its core legal protection—critical for assessing infringement and licensing potential.
- Detailed claim analysis reveals the breadth and potential vulnerabilities of its patent protection.
- South Korea’s vibrant biotech patent landscape means this patent must be continually monitored for challenges or overlaps.
- Strategic patent portfolio management enhances market exclusivity and global competitiveness.
- Ongoing patent validity and enforcement depend on proactive maintenance and readiness against validity challenges.
FAQs
1. What is the primary inventive feature of KR20160091440?
The primary inventive feature centers on a novel pharmaceutical composition or method that offers enhanced efficacy or safety for specific treatments, as defined by its independent claims.
2. How does the scope of claims affect the patent's enforceability?
Broader claims provide wider protection but are more vulnerable to invalidation if prior art is found. Narrower claims are easier to defend but limit exclusivity.
3. Are there similar patents filed in other jurisdictions?
Typically, patent applicants file in multiple jurisdictions; examining patent families and applications in the US, EU, or China can reveal related protections.
4. What strategies can competitors use to navigate this patent landscape?
Competitors can analyze claim scope for design-around options, challenge patents via oppositions or invalidation procedures, or license the technology.
5. How can patent holders maximize their protection in South Korea?
By conducting thorough prior art searches during prosecution, drafting broad yet defensible claims, and maintaining patent renewal fees, patent holders can sustain robust protection.
References
- Korean Intellectual Property Office. (2016). Patent KR20160091440.
- World Intellectual Property Organization. PATENTScope Database.
- Korean Patent Law and Examination Guidelines.
- Patent analytics reports on South Korean pharmaceutical patents.
- Industry reports on biotech patent landscape in South Korea.
