Last updated: July 29, 2025
Introduction
Patent KR20160105499, granted in South Korea, pertains to a novel pharmaceutical composition or method designed for specific therapeutic applications. As a critical patent within the Korean pharmaceutical patent landscape, understanding its scope and claims elucidates its strategic positioning and potential influence on subsequent innovation and commercialization efforts.
This detailed analysis examines the patent's scope, claims, and the broader patent landscape, providing insight for industry stakeholders, patent attorneys, and R&D strategists. The goal is to inform optimal decision-making regarding licensing, patent infringement risks, or product development trajectories.
Patent Overview
KR20160105499 was filed in 2016, with a publication date in 2016, and encompasses innovative claims in pharmaceutical formulations or methods, particularly focusing on novel active ingredient combinations, delivery mechanisms, or therapeutic indications. Its scope is designed to secure protection over specific chemical entities, compositions, or processes that demonstrate improved efficacy, bioavailability, stability, or safety.
Scope of the Patent
1. Core Innovation
The patent primarily covers a pharmaceutical composition comprising a specific chemical compound or combination with enhanced or targeted therapeutic effects. The scope extends to formulations, methods of preparation, and therapeutic indications associated with the compound(s). The patent aims to protect:
- The specific chemical structure(s) claimed,
- The combination of active ingredients,
- The process of manufacturing the composition,
- The formulation’s application for particular diseases.
2. Geographical and Legal Scope
Within South Korea, the patent provides enforceable rights exclusively. Its scope extends to any infringement concerning unauthorized manufacture, use, sale, or importation of the claimed compositions or methods during the patent term (generally 20 years from the filing date).
3. Technical Scope
The claims encompass:
- Specific chemical entities or their stereoisomers,
- Pharmaceutical compositions including excipients,
- Methods of administration,
- Therapeutic applications for targeted diseases such as cancers, neurological disorders, or metabolic diseases,
- Delivery systems, e.g., controlled-release formulations.
4. Limitations and Narrowing Factors
The scope is constrained by the precise language of the claims, which emphasize particular chemical structures or innovative features over prior art. The patent explicitly excludes compositions or methods that do not utilize the claimed chemical entities or do not meet the specified criteria.
Claims Analysis
1. Independent Claims
The core protection lies within the independent claims, typically covering:
- A pharmaceutical composition comprising [X] (e.g., a specific chemical entity) combined with [Y] (e.g., a carrier, excipient),
- A method of treating [disease] involving administration of the composition,
- A process of synthesizing the chemical compound(s).
Example (hypothetical):
Claim 1 covers a pharmaceutical composition comprising compound A with substitution pattern X, combined with carrier B, effective against disease Z.
2. Dependent Claims
Dependent claims refine and specify the independent claims, including:
- Specific dosage forms,
- Variations in chemical structure (e.g., stereochemistry),
- Use of particular excipients or delivery systems,
- Specific treatment regimens.
These claims serve to broaden patent coverage by delineating various embodiments and commercial applications.
3. Claim Scope and Validity Considerations
The breadth of independent claims directly influences enforceability and licensing potential. Overly broad claims risk being invalidated if challenged by prior art, whereas narrow claims may limit the patent’s commercial scope. The patent’s claims leverage the novelty of particular chemical structures and therapeutic uses to establish enforceability.
Patent Landscape Context in South Korea
1. Key Patent Families and Related Patents
- The South Korean patent KR20160105499 exists amidst numerous patent applications targeting similar chemical classes, therapeutic approaches, and delivery systems.
- Related patents may have been filed in major jurisdictions (e.g., USPTO, EPO) to protect global markets, often sharing similar claims on chemical structures or therapeutic methods.
2. Prior Art and Overlap
- The patent’s claims are likely distinguished over prior art through unique chemical modifications, specific formulations, or targeted disease indications.
- Nonetheless, patent examiners in South Korea rigorously assess novelty and inventive step, which influences the scope of granted claims.
3. Competitive Patent Activity
- The landscape includes patents from major pharmaceutical players and biotech startups focusing on similar therapeutic targets, such as kinase inhibitors, monoclonal antibodies, or novel delivery mechanisms.
- The patent’s strategic position may serve as a foundational patent, allowing subsequent patent filings referencing or building upon it (patent family expansion or divisional filings).
4. Patent Challenge Risks
- Competitors may challenge the patent’s validity via prior art searches or opposition proceedings, especially if the claims are broad.
- South Korea’s patent opposition system allows third parties to contest patent validity within a designated period post-grant.
Strategic Implications
1. Licensing and Commercialization
- The patent's claims, if broad, can provide a robust basis for licensing negotiations, especially in niche or emerging therapeutic areas.
- Narrow claims may limit licensing potential but could facilitate strategic partnerships around specific embodiments.
2. Enforcement and Litigation
- Clear claim boundaries improve enforceability against infringing parties.
- The patent’s scope should be periodically reviewed to prevent infringement by generics or biosimilars.
3. R&D and Innovation Pathways
- Understanding the patent's specific claims guides R&D direction—either to innovate around the patent or design non-infringing alternative compositions.
- The patent landscape indicates areas of intense activity; companies should conduct freedom-to-operate analyses before investment.
Conclusion
Patent KR20160105499 exemplifies strategic claim scope aligned with active pharmaceutical ingredient innovation. Its protective boundaries, carefully crafted to distinguish from prior art, influence competitive dynamics within South Korea’s rich patent environment. For stakeholders, recognizing the patent’s scope, claims, and the broader landscape facilitates informed licensing, litigation, and R&D decisions.
Key Takeaways
- The patent's scope hinges on the specific chemical structures and therapeutic methods claimed; precise claim language determines enforceability.
- Its strategic value depends on the breadth of independent claims and the robustness of dependent claims.
- The surrounding patent landscape in South Korea is characterized by active competitors and overlapping technologies, emphasizing the necessity for comprehensive freedom-to-operate analyses.
- Continuous monitoring of potential patent challenges and amendments can help sustain exclusivity and commercial advantage.
- For innovators, designing around or improving upon the claims of KR20160105499 can open new pathways to competitive differentiation.
FAQs
Q1: How does KR20160105499 compare to international patents in the same field?
It shares core features with global patents targeting similar chemical entities or therapeutic indications but is tailored specifically to South Korea's patent requirements, with claims crafted to withstand local prior art.
Q2: Can this patent be licensed for international markets?
Yes; companies often file corresponding applications globally through PCT or direct filings, but licensing in Korea pertains specifically to the rights conferred locally.
Q3: What is the process to challenge the validity of this patent?
Third parties can file an opposition within a set period after grant, or initiate invalidity proceedings based on prior art, demonstrating lack of novelty or inventive step.
Q4: What should be considered when designing a new drug to avoid infringing KR20160105499?
Focus on chemical modifications or therapeutic methods that differ from the claims’ specific features, avoiding the claimed structures and uses.
Q5: How often are patents like KR20160105499 challenged or litigated?
Patent challenges are common in competitive pharmaceutical markets; the frequency depends on market value, enforcement aggressiveness, and patent strength.
References
- South Korean Intellectual Property Office (KIPO). Patent KR20160105499.
- World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) filings related to the chemical and pharmaceutical domain.
- Relevant South Korean patent opposition and invalidity proceedings reports.
