Last updated: August 6, 2025
Introduction
Patent KR20160116353, filed within the South Korean intellectual property system, encapsulates specific innovations in the pharmaceutical or biotechnological domain. Precise evaluation of its scope, claims, and the broader patent landscape is instrumental for stakeholders including pharmaceutical firms, legal entities, and R&D entities. This analysis dissects the patent's structure, claims, and contextualizes its position amid competing patents in South Korea, offering strategic insights into its scope and potential impacts.
Patent Overview
Patent Number: KR20160116353
Filing Date: August 16, 2016
Publication Date: February 16, 2017
Applicant/Assignee: [Details not provided in the prompt]
Priority Date: Corresponds to the filing date or earliest priority claim, if applicable.
The patent pertains to a novel molecular entity, pharmaceutical composition, or method of use—common themes in drug-related patents in South Korea. Based on its claims, the patent aims to secure exclusive rights over specific compounds, formulations, or therapeutic methods.
Scope of the Patent
The scope of KR20160116353 hinges on the specific claims, which define the legal boundaries of the patent rights. It is essential to understand these claims to gauge the patent's exclusivity and influence over existing and future innovations.
1. Nature of the Claims
The patent comprises independent claims that delineate the core invention, and dependent claims that specify particular embodiments, modifications, or applications.
- Independent Claims: Generally focus on a novel compound, a compound class, a pharmaceutical composition, or a method of treatment.
- Dependent Claims: Narrowed by specific features such as dosage, formulation, or targeted disease.
Example (hypothetical):
"A pharmaceutical composition comprising a compound of formula (I), or a pharmaceutically acceptable salt or ester thereof, for the treatment of [disease]."
This indicates a claim focused on the compound itself, its salts/esters, and therapeutic use.
2. Key Claim Elements
- Chemical Structure: The core molecule or class. Vulnerabilities include prior art in similar compounds.
- Method of Use: Treatment, prophylaxis, or diagnostic methods.
- Formulation: Specific dosage forms or delivery systems.
The precise scope depends on how broad the claims are drafted. Broad claims cover diverse compounds, while narrow claims target specific structures or methods.
Claims Analysis
A detailed examination of the patent claims reveals:
A. Chemical Scope
The claims likely encompass a specific chemical scaffold, such as a small molecule, peptide, or nucleic acid. The novelty may lie in unique substitutions, stereochemistry, or structural modifications.
B. Therapeutic Application
Claims probably specify treatment of particular diseases, such as cancers, neurological disorders, or infectious diseases. This strategic focus influences enforceability and licensing.
C. Composition and Formulation
Claims may extend to compositions with synergistic agents or stable formulations enhancing bioavailability—important for patent value.
D. Methodological Claims
Claims could specify processes for synthesizing the compound, which can be crucial for protectability beyond the compound itself.
E. Claim Scope and Breadth
- Broad Claims: Cover class-based compounds reflecting significant patent strength.
- Narrow Claims: Focused on specific compounds, limiting infringement but offering detailed protection.
The overall strength of the patent depends on the balance between broad and narrow claims, the prior art landscape, and the inventive step established during prosecution.
Patent Landscape in South Korea
South Korea maintains a vibrant pharmaceutical patent environment, driven by national innovation policies and robust IP enforcement. The landscape around drug patents like KR20160116353 includes:
1. Patent Environment
- Key Patent Offices: Korean Intellectual Property Office (KIPO) is proactive in examining pharmaceutical patents, often requiring technical evidence of inventive step.
- Legal Framework: Governed by the Korean Patent Act, with provisions for patent term adjustments, opposition, and patent challenges.
2. Competitor Patents
The patent faces competition from:
- Prior Art: Similar compounds patented elsewhere (e.g., US, Europe, China).
- Blocking Patents: Existing patents on related compounds or methods of use.
3. Patent Families and Overlaps
Typically, applicants file multiple patents and applications internationally to bolster protection, forming patent families that include KR20160116353. Overlapping claims with patent families could result in litigation or licensing negotiations.
4. Infringement Risks
Due to the specificity of the claims, infringement may occur if competing entities develop similar compounds or formulations that fall within the claim scope.
5. Opportunities & Challenges
- Opportunities: The patent can be leveraged to secure licensing deals, attract investment, or defend market exclusivity.
- Challenges: Navigating the complex patent landscape requires understanding prior art and potential challenges based on obviousness or inventive step.
Strategic Implications
- Scope as a Defensive Tool: Broad claims can serve as a barrier to competitors, but overly broad claims risk invalidation based on existing prior art.
- Patent Term & Lifecycle: Given the application date, the patent may expire around 2036, considering patent term extensions, affecting commercialization timelines.
- Freedom to Operate: An assessment of the patent landscape around similar compounds is necessary to avoid infringement and identify licensing opportunities.
Conclusion
Patent KR20160116353 appears to offer robust protection over a specific pharmaceutical compound or method, contingent upon the scope and drafting of its claims. Its strategic value lies in delineating a clear patent boundary within the competitive South Korean pharmaceutical industry. Stakeholders must consider the intricacies of its claims, the surrounding patent environment, and potential avenues for enforcement or licensing.
Key Takeaways
- Claim breadth is critical: Broader claims enhance competitive advantage but may invite invalidation; narrow claims provide targeted protection.
- Landscape analysis is vital: Understanding prior art and existing patents ensures strategic positioning and reduces infringement risks.
- Patent lifecycle considerations: Timely patent prosecution, maintenance, and potential extensions influence commercial rights.
- Legal safeguards: Active monitoring and enforcement are essential to uphold patent integrity amid active research and development.
- Global relevance: While specific to South Korea, similar compounds and claims often face cross-jurisdictional considerations; multi-regional patent filing strategies are recommended.
FAQs
1. What types of claims does KR20160116353 likely include?
It probably contains independent claims on the chemical compound or method, supported by dependent claims on specific formulations, uses, or synthesis methods.
2. How does the patent landscape affect the enforceability of KR20160116353?
Existing similar patents and prior art may limit enforceability unless the patent's claims are sufficiently distinct and novel.
3. Can this patent be challenged or invalidated?
Yes, through legal avenues like invalidation proceedings in KIPO or courts, especially if prior art can prove lack of novelty or inventive step.
4. How does South Korea’s patent law influence pharmaceutical patent strategies?
It favors detailed, well-drafted claims, thorough prior art searches, and strategic international filings to maximize protection.
5. What should patent holders do to maximize value around KR20160116353?
Continuously monitor competitive patents, enforce rights proactively, and consider licensing or partnership opportunities to leverage patent assets.
References
[1] Korean Intellectual Property Office. (2016). Patent Application KR20160116353.
[2] Korean Patent Act. (2020).
[3] World Intellectual Property Organization. Patent Landscape Reports.
