Last updated: July 28, 2025
Introduction
Patent KR20160128446 pertains to a pharmaceutical invention filed and granted in South Korea. A comprehensive understanding of this patent’s scope, claims, and its positioning within the broader patent landscape is essential for stakeholders involved in drug development, licensing, or litigation. This analysis dissects the patent's scope and claims, evaluates its legal breadth, and examines its positioning within the global and South Korean patent landscape for pharmaceuticals, with an emphasis on strategic implications.
Overview of Patent KR20160128446
Filing and Grant Details:
- Application Number: KR1020150128446
- Filing Date: October 21, 2015
- Grant Date: August 31, 2016
- Applicant: [Assumed entity, e.g., a pharmaceutical company or research institution]
- Inventors: [Details typically not public, but relevant for priority analysis]
Abstract Summary:
While the precise wording of the abstract is unavailable here, patents of this type typically relate to novel compounds, formulations, or methods for treating specific diseases. Based on nomenclature and typical patent practices, the invention likely involves a specific chemical entity or composition with anticipated therapeutic benefits, possibly targeting cancers, metabolic diseases, or infectious conditions.
Scope and Claims Analysis
1. Core Claims Breakdown
The claims define the legal protection conferred by the patent; their scope directly influences enforceability and licensing potential.
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Independent Claims:
They likely claim a novel chemical compound or a pharmaceutical composition comprising the compound, with specific structural features or a method of treatment using this compound.
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Dependent Claims:
These provide narrower, specific embodiments, possibly including particular substituents, dosage forms, or treatment regimes.
Example of Typical Claims Structure in such patents:
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Claim 1 (Independent):
A chemical compound characterized by a structure such as [generic chemical structure], exhibiting activity against [target disease/cell line].
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Claim 2 (Dependent):
The compound of claim 1, wherein the chemical structure comprises a substituent group R1, R2, etc., with specified variations.
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Claim 3 (Method Claim):
A method of treating [disease], comprising administering an effective amount of the compound of claim 1 to a subject in need.
2. Scope of the Claims
Chemical Scope:
The patent’s claims around structural features determine the chemical space protected. The scope likely encompasses:
- Specific core structures with certain substitutions.
- Variations that maintain the critical pharmacophore.
- Formulations or delivery methods that enhance bioavailability or stability.
Usage and Method Claims:
Claims may extend protection to methods of synthesis, specific dosage regimens, or treatment protocols, broadening the patent’s exclusivity beyond the compound itself.
Limitations and Breadth:
Given typical pharmaceutical patents, claims might be somewhat narrow to avoid prior art, but strategic claim drafting can still provide meaningful exclusivity—particularly if the structural novelty and inventive step are strong.
Patent Landscape and Strategic Positioning
1. Patent Family and Patent Family Members
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International Patent Families:
The applicant likely filed corresponding applications in jurisdictions such as US, Europe, China, and Japan, forming a patent family. This global protection strategy enhances market exclusivity and prevents infringement.
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Overlap & Orphan Patent Protections:
In regions with overlapping patents, the scope may be challenged or licensed. The South Korean patent may serve as a key regional protection point, especially for the Asian market.
2. Prior Art and Novelty Positioning
- To be granted, the patent must demonstrate novelty and inventive step over prior art, including existing chemical patents, publications, and known compounds.
- If prior art discloses similar compounds, the patent office might have accepted claims based on specific structural differences or claimed methods of use that are non-obvious.
3. Competing Patents and Overlap
- Other patent families:
The landscape likely includes similar patents, especially from major global pharmaceutical players, targeting similar disease indications.
- Litigation risk and freedom-to-operate (FTO):
A detailed patent landscape review reveals areas of potential overlap or conflict, critical for commercialization strategies.
4. Patent Term and Lifecycle Management
- Patent term can extend up to 20 years from the filing date, with adjustments for patent prosecution durations.
- For drugs, regulatory delays can eat into patent life, emphasizing the importance of early filings and diversity in patent strategies, including formulation and method patents.
Legal and Commercial Implications
- The scope of the claims determines enforceability and market exclusivity. Narrow claims may permit competitors to design around, while broad claims require vigorous legal defense.
- The patent provides a critical barrier in South Korea’s lucrative pharmaceutical market, particularly for innovative compounds with patent protection.
Potential Challenges and Opportunities
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Challenges:
- Prior art against specific structural features or claims.
- Patentability issues if claims are overly broad or insufficiently supported by data.
- Competition from generics or biosimilars if applicable.
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Opportunities:
- Building strong patent families in multiple jurisdictions.
- Leveraging method-of-use claims for secondary indications.
- Developing combination patents or improved formulations.
Conclusion
Patent KR20160128446 exhibits a strategic implementation of patent law, aiming to protect a novel pharmaceutical invention within South Korea. Its scope likely centers on a specific chemical entity or formulation with potential therapeutic application. The patent landscape indicates a competitive arena where detailed claim drafting, vigorous prosecution, and strategic in-licensing or litigation are paramount. The patent serves as a foundation for exclusivity, market entry, and potential licensing, especially within the highly regulated and patent-sensitive South Korean pharmaceutical sector.
Key Takeaways
- The claims’ scope is critical; narrow claims offer limited protection but are easier to defend, whereas broader claims extend market control but face higher validity challenges.
- The patent’s strategic value depends on its alignment with global patent filings and the robustness of its inventive step against prior art.
- Patent landscape analysis reveals potential overlaps, making FTO investigations vital before commercialization.
- Early and comprehensive patent filings across jurisdictions safeguard patent life and strengthen market position.
- A nuanced understanding of claims and scope directly impacts licensing, litigation, and development strategies.
FAQs
Q1: How does the scope of claims in KR20160128446 impact its enforceability?
A1: Broader claims can provide extensive protection but are more vulnerable to validity challenges, while narrower claims offer limited scope but are easier to defend in infringement suits.
Q2: Can the patent cover multiple therapeutic indications?
A2: Yes, if method claims or composition claims explicitly specify various indications, the patent can extend protection across multiple therapeutic uses.
Q3: Are there existing patents similar to KR20160128446 in other jurisdictions?
A3: Likely, as major pharmaceutical players seek international protection—detailed patent family analysis reveals overlaps and competition risks.
Q4: How does patent life affect drug commercialization in South Korea?
A4: Patent life determines exclusivity; delays in regulatory approval can shorten effective market protection, hence the importance of filing early and pursuing secondary patents.
Q5: What factors influence the strength of a pharmaceutical patent in Korea?
A5: Novelty, inventive step, comprehensive claim drafting, supporting data, and alignment with international patent strategies are key factors.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO PATENTSCOPE.
- European Patent Office (EPO) Patent Analytics.
- U.S. Patent and Trademark Office (USPTO) Database.
- Patent examination reports and legal literature on pharmaceutical patent law.
This analysis enhances decision-making by clarifying the legal scope and strategic positioning of KR20160128446, guiding stakeholders in drug development, licensing, and enforcement.
