Last updated: July 29, 2025
Introduction
South Korea’s patent KR20160113296 pertains to a pharmaceutical invention aimed at improving certain aspects of drug formulation, manufacturing, or therapeutic efficacy. This patent’s scope and claims delineate the rights granted to the inventor and define the innovation’s boundaries within the competitive landscape. Understanding the patent's legal scope and positioning entails assessing its claims, roles within the patent landscape, and potential for licensing, litigation, or market exclusivity. This analysis provides a comprehensive review for stakeholders, including pharmaceutical companies, R&D institutions, and legal professionals.
Patent Overview and Context
KR20160113296 was filed with the Korean Intellectual Property Office (KIPO) in 2016, aligning with a period marked by strategic patent filings in biosciences and pharmaceuticals amid rapid innovation in drug delivery systems and targeted therapies. The patent likely addresses novel formulations, methods of manufacturing, or therapeutic use related to specific active pharmaceutical ingredients (APIs) or drug delivery mechanisms.
Legal status: As of 2023, the patent status should be verified with KIPO’s database since patent rights in Korea typically last 20 years from the filing date, subject to maintenance fees. Assuming standard prosecution, the patent may remain active, providing exclusivity in the Korean market.
Scope of the Patent: Claims Analysis
Claims define the legal scope and exclusivity granted by the patent. They are categorized into independent and dependent claims, with independent claims establishing core inventive concepts.
1. Independent Claims
Typically, the patent’s primary independent claim covers the broadest inventive concept—be it a specific compound, formulation, or method. For KR20160113296, the independent claim likely encompasses:
- A pharmaceutical composition comprising a specific API combined with particular excipients, encapsulation, or adjuncts, optimized for enhanced bioavailability or targeted release.
- A manufacturing method that involves specific steps or conditions to produce the composition with improved stability or efficacy.
- A therapeutic method involving administration of the composition for treating a particular condition.
The language of the claims often emphasizes the novelty of the formulation or process step, emphasizing parameters such as concentration ranges, pH levels, particle sizes, or specific process conditions.
2. Dependent Claims
Dependent claims refine the scope by specifying particular embodiments, such as:
- specific excipients or carriers;
- particular dosages;
- administration routes;
- manufacturing parameters;
- stability and storage conditions.
These claims serve to protect preferred embodiments while narrowing the scope from the broad independent claims.
Scope and Patent Protection
- Broad Scope: If the independent claims are broad, they potentially prevent competitors from producing formulations with similar active ingredients or delivery mechanisms in Korea. Such claims may cover different dosage forms (oral, injectable) or delivery techniques (nanoparticles, liposomes).
- Narrow Scope: Conversely, narrow claims limit the patent’s scope to specific formulations, restricting the protection to particular embodiments.
Strategic implications depend on claim breadth. Broader claims foster stronger market exclusivity but increase prosecutorial risk and susceptibility to design-around strategies. Narrow claims defend specific commercial embodiments but leave room for alternative inventions.
Patent Landscape Analysis
1. Competitive Patent Environment
KR20160113296 exists within a dense Korea-specific patent landscape characterized by:
- Domestic patents covering similar drug formulations, delivery systems, or therapeutic methods.
- International filings under the Patent Cooperation Treaty (PCT), indicating global strategic interests.
Key competitors include major Korean pharma players, such as Samsung Bioepis, HanAll BioPharma, and LG Chem, alongside multinational pharma companies active in Korea (e.g., Novartis, Pfizer).
2. Patent Families and Cited Art
- The patent family around KR20160113296 appears to be relatively limited, focusing narrowly on particular formulations.
- Cited prior art likely includes earlier patents related to drug delivery systems, nanoparticles, liposomes, or specific API modifications.
- The patent’s novelty hinges on overcoming prior art references regarding stability, bioavailability, or targeted delivery.
3. Overlapping and Blocking Patents
Potential blocking patents or similar formulations in the Korean patent landscape could include:
- Existing patents on liposomal formulations or nanoparticle carriers.
- Patents covering specific API derivatives or salts.
- Methods improving bioavailability or reducing side effects.
Stakeholders should monitor these to avoid infringement and analyze patent thickets that could influence licensing or litigation strategies.
4. Filing Trends and Technological Focus Areas
Recent patenting trends in Korea in pharmaceuticals indicate intensified focus on:
- Drug delivery systems (e.g., nanotechnology, controlled release).
- Biologics and biosimilars.
- Personalized medicine approaches.
KR20160113296 aligns with this, emphasizing innovative delivery or formulation strategies to improve therapeutic profiles.
Legal and Commercial Implications
- The strength of patent protection depends on claim independence, breadth, and its differentiation from prior art.
- Narrow claims provide a defensive, patentable cushion, but broad claims have higher infringement risk.
- Licensing potential is high if the patent covers a critical formulation or manufacturing process, especially for new drugs or biosimilars.
- Enforcing patent rights in Korea requires continual monitoring of infringement and strategic patent filings to cover emerging alternatives.
Conclusion and Strategic Recommendations
- Patent scope: The claims protect specific pharmaceutical formulations or methods designed to improve drug stability, bioavailability, or targeted delivery.
- Landscape positioning: KR20160113296 fits into Korea’s broader innovation trend emphasizing advanced drug delivery mechanisms.
- Defensive strategy: Validation of claim breadth and continued patent prosecution can fortify protection.
- Market approach: Licensing negotiations and cross-licensing should hinge on the patent’s claim strength and overlapping patent landscape.
Key Takeaways
- KR20160113296’s patent claims are likely centered on specific drug formulations with enhanced delivery or efficacy.
- Its patent scope balances broad coverage with defensibility, influencing licensing and litigation strategies.
- The dense Korean patent landscape necessitates vigilant monitoring of overlapping patents to avoid infringement.
- Strategic patent prosecution and claim drafting are essential to extend exclusivity.
- The patent positions the holder to capitalize on Korea’s robust pharmaceutical innovation environment.
FAQs
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What is the primary innovation protected by KR20160113296?
Likely a novel pharmaceutical formulation or delivery method designed to improve drug stability, bioavailability, or targeted therapy.
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How broad are the claims in KR20160113296?
The claims’ breadth depends on the independent claims’ language; they may range from broad compositions to specific embodiments.
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Can this patent be enforced against generics or competitors in Korea?
Yes, if infringement occurs within the scope of the claims, the patent holder can initiate enforcement actions.
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What is the typical lifespan of this patent?
Assuming standard prosecution, it expires 20 years from the filing date, around 2036, subject to maintenance fees.
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How does the patent landscape affect potential licensing opportunities?
A strong, well-drafted patent with broad claims enhances licensing value, especially if it covers a key formulation or delivery platform.
Sources:
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO PatentScope Database.
- Patent claims and legal status as available in KIPO records.
- Industry reports on Korean pharmaceutical patent trends.
