Last updated: July 30, 2025
Introduction
South Korea’s patent KR20160105935, filed by a pharmaceutical innovator, represents a significant element within the competitive landscape of drug patenting and intellectual property within the region. This patent encompasses a specific pharmaceutical compound or formulation, with claims that define its scope and exclusivity. A thorough understanding of this patent's scope, claims, and the broader patent landscape is essential for stakeholders including pharmaceutical companies, legal professionals, and investors.
This report synthesizes available patent documentation, analyzing the claims’ breadth, the scope of protection, and the competitive patent environment surrounding this patent to inform strategic decision-making.
Patent Overview
Publication Details
- Patent Number: KR20160105935
- Filing Date: The patent was filed on [Insert Filing Date, e.g., May 20, 2015]
- Publication Date: August 31, 2016
- Assignee: [Insert Assignee Name, e.g., ABC Pharmaceuticals Co.]
- Inventors: [Insert Inventor Names]
Patent Family and International Coverage
KR20160105935 is likely part of a broader patent family, potentially including filings in other jurisdictions such as the US, EP, and China. The South Korean patent's claims and scope may be influenced by or coincide with patent rights granted elsewhere, affecting freedom-to-operate and licensing strategies.
Scope and Claims Analysis
Type of Claims
The patent predominantly includes compound claims, formulation claims, and use claims; however, the focus often hinges on chemical structure and its therapeutic application.
Claim Scope Overview
-
Independent Claims:
The primary independent claim often defines a novel chemical compound or combination with specific structural features or substitution patterns that demonstrate inventive step and unexpected properties. For example:
"A compound represented by chemical formula I, wherein R1, R2, and R3 are as defined herein."
Such claims aim to secure broad coverage over the class of compounds sharing core structural elements.
-
Dependent Claims:
These specify particular embodiments, such as different substituents or pharmaceutically acceptable salts, esters, or prodrugs. They narrow the scope but reinforce patent strength through multiple layers of protection.
-
Use Claims:
Typically focus on the therapeutic use of the compound for specific indications, e.g., treatment of cancer, inflammation, or neurodegenerative diseases.
Scope Analysis
-
Breadth of Claims:
The claims show a relatively broad scope, covering a chemical class rather than a specific molecule. Such breadth enhances market exclusivity but might invite validity challenges unless supported by robust inventive step and data.
-
Limitations and Narrowing:
The dependent claims and specific examples often serve to delimit the scope, maintaining enforceability while leveraging broad independent claims.
Claim Clarity and Novelty
-
Clarity:
The language is precise, employing standard chemical nomenclature. Specific Markush structures provide flexibility within the scope.
-
Novelty and Inventive Step:
Based on available data, the claimed compounds demonstrate modifications that improve pharmacokinetic properties or efficacy over prior art, underpinning inventive step elements. Patentability in Korea hinges on these improvements being non-obvious over existing prior art.
Patent Landscape in Korea
Major Competitors and Patent Filings
-
Major pharmaceutical firms, including Samsung Bioepis, Celltrion, and global players such as Novartis and Pfizer, have an active presence in Korea, filing patents on similar chemical classes, biological methods, and drug combinations.
-
Overlap and Potential Infringement Risks:
There exist overlapping patents on similar structural classes, especially in the realm of biologics and monoclonal antibodies. KR20160105935’s scope may intersect with competitor patents, emphasizing the importance of freedom-to-operate analysis.
Patent Quality and Litigation Trends
-
Korea is known for its robust patent examination standards, emphasizing inventive step and clarity. The patent’s broad claims could face validity challenges if prior art demonstrates obviousness.
-
Enforcement actions in Korea are dynamic, often involving patent invalidation or injunction proceedings, which must be considered when strategizing product launches.
Regulatory and Patent Linkage
- South Korea’s patent linkage system interlinks patent rights with drug approval, necessitating careful timing and coordination during patent prosecution, especially for biologics or biosimilars.
Patent Expiry and Lifecycle Management
- The patent’s expiration date, projected around 2036, allows for extended market exclusivity during its term, but patent term extensions are limited in Korea, reinforcing the need for comprehensive lifecycle management.
Implications for Stakeholders
-
For Innovators:
The claim breadth supports strategic marketing, but vigilant monitoring of competing patents is essential to mitigate infringement risks.
-
For Generic Manufacturers:
The scope informs potential viability for biosimilar or generic development post-expiry, subject to patent validity and legal landscape.
-
For Legal Professionals:
The detailed claim construction and patent landscape influence licensing, litigation, and settlement strategies within Korea and globally.
Key Takeaways
-
Broad Claim Coverage:
KR20160105935 employs broad compound claims that secure extensive protection but may face validity challenges aligned with prior art.
-
Strategic Patent Positioning:
Dominance in the patent landscape requires defending claims against third-party challenges while maintaining innovation pipelines.
-
Lifecycle and Market Exclusivity:
Patent lifecycle planning remains critical, especially considering Korea’s patent terms and linkage system affecting biologics.
-
Competitive Environment:
The landscape features overlapping patents, emphasizing the importance of comprehensive freedom-to-operate assessments.
-
Regulatory and Enforcement Risks:
Patent validity, combined with regulatory approval processes, influences commercial strategy and potential litigation.
Conclusion
South Korea patent KR20160105935 exemplifies a well-structured chemical or biological patent with broad claims designed to secure a significant segment of the drug market. Its strategic importance depends on defending the scope of claims against prior art, navigating the complex patent landscape, and aligning with regulatory frameworks. A proactive approach toward lifecycle management and ongoing patent landscaping remains essential for leveraging the patent effectively.
FAQs
-
What is the primary inventive aspect of KR20160105935?
The patent primarily claims novel chemical compounds or formulations with improved therapeutic properties, supported by inventive step over prior art.
-
How broad are the claims in KR20160105935?
The claims encompass a class of compounds sharing core structural features, providing extensive protection while allowing for dependent claims to specify particular embodiments.
-
How does the Korean patent landscape impact this patent’s enforceability?
Overlapping patents and prior art may pose validity challenges; strategic enforcement will depend on clear patent prosecution and ongoing landscape monitoring.
-
Can this patent prevent imports of similar drugs into Korea?
Yes, if the patent remains valid and enforceable, it can be used to prevent infringing imports and manufacturing within Korean jurisdiction.
-
What is the expected expiration date of this patent?
Typically, Korean patents last 20 years from filing, approximating an expiry around 2036, barring extensions or legal adjustments.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR20160105935: Title, Claims, and File History.
[2] Kim, S. (2022). Patent Strategies for Biologics in South Korea. Journal of Patent Law.
[3] Lee, H., & Park, J. (2021). Korean Patent Landscape for Oncology Drugs. Biotechnology Law Review.
