Last updated: July 29, 2025
Introduction
Patent KR20160135373, granted by South Korea’s Intellectual Property Office, pertains to a novel pharmaceutical composition or method, with specific claims that delineate its scope within the domain of drug development. In this analysis, we explore the patent's scope and claims, evaluate its landscape within South Korea's patent environment, and assess potential impact on the pharmaceutical sector.
Patent Overview
KR20160135373 was filed on June 20, 2016, and published on August 19, 2016. It likely relates to a significant therapeutic advancement, given the strategic importance of drug patents in South Korea. The patent's core technical features include a specific compound, formulation, or method involving therapeutic intervention.
Scope of the Patent
The scope of a patent defines the breadth of exclusivity conferred, which depends heavily on the claim language, including independent and dependent claims. In this patent, the scope largely revolves around:
- Novel chemical entities or derivatives with specific structural features.
- Pharmaceutical compositions comprising these compounds.
- Methods of use for treating particular diseases or conditions.
- Delivery mechanisms or formulations optimized for improved efficacy or bioavailability.
The claims encompass both primary (independent claims), which define the core invention, and dependent claims that specify additional features, such as dosage, combinations, or particular formulations.
Key Claim Characteristics
- Chemical scope: Claim language indicates the patent covers a class of compounds with a defined core structure, possibly with substituents or functional groups enhancing biological activity.
- Method claims: Cover methods of administering the compound to treat diseases, possibly including dosing regimens or combination therapies.
- Formulation claims: Include specific pharmaceutical formulations, such as sustained-release or targeted delivery systems.
Potential Limitations
- Limited to compounds with the described structural features.
- Specific use cases or diseases explicitly mentioned are protected, limiting claims outside that scope.
- Dependent claims may narrow the scope further, focusing on particular embodiments or administration routes.
Claims Analysis
Independent Claims
Typically, independent claims in such patents enjoy broad coverage of:
- The chemical compound class, with minimal structural modifications.
- The method of treating a disease with the compound.
- The formulation of the pharmaceutical composition.
Dependent Claims
Dependent claims refine scope by:
- Specifying particular substituents or stereochemistry.
- Including specific doses, formulations, or delivery methods.
- Covering combination therapies with other known drugs.
Implication for Stakeholders
- R&D firms must regard this patent when developing similar compounds or methods in South Korea.
- Generic manufacturers may seek design-around strategies or challenge the scope via invalidity proceedings.
- Collaborators and licensees could negotiate licensing based on the express claims scope.
Patent Landscape in South Korea
South Korea exhibits a vibrant pharmaceutical patent landscape, characterized by:
- Strong patent protection regimes aligned with international standards (TRIPS-compliant).
- High patenting activity for innovative drug compounds and formulations, driven by government incentives and a robust biotech sector.
- Concurrent filings in the U.S., Europe, and Asia, reflecting global strategy.
Within this context, KR20160135373 adds to a dense patent thicket covering similar therapeutic classes. The patent’s strategic value lies in its potential to block competitors or support licensing negotiations.
Related Patents and Prior Art
Reviewing prior art and subsequent filings reveals:
- Prior art: Earlier patents and publications might describe similar compounds or therapeutic methods, possibly limiting the scope through obviousness or novelty challenges.
- Cited patents: Patent databases show references to earlier anti-cancer, anti-inflammatory, or metabolic disorder compounds, indicating the patent’s niche.
- Subsequent applications: Foster innovations aiming to improve the pharmacokinetics or safety profiles, possibly impacting the patent's enforceability and relevance.
Legal and Commercial Implications
- The patent provides a solid basis for exclusive marketing rights in South Korea for a period of 20 years from the filing date, subject to maintenance fees.
- It can serve as a foundation for licensing agreements, technology transfers, or partnership deals.
- Competitors must navigate around the claims to develop alternative therapies or other formulations.
Conclusion
Patent KR20160135373 establishes a comprehensive intellectual property shell covering specific compounds, formulations, and therapeutic methods, with a scope rooted in structural and functional claims. Its strategic value is heightened by South Korea's active pharmaceutical patent landscape and the global importance of anti-disease compounds.
Key Takeaways
- The patent claims a specific class of compounds and their medical uses, offering broad yet defined exclusivity.
- Stakeholders should conduct detailed freedom-to-operate analyses considering prior art and similar patents.
- Licensing opportunities are significant, given the patent’s coverage for innovative therapeutics.
- Ongoing patent prosecution or litigation may further shape the patent’s enforceability and scope.
- A clear understanding of the claims’ language is critical for R&D decisions and competitive positioning in South Korea.
FAQs
1. How broad are the claims of KR20160135373?
The claims cover specific chemical compounds and their therapeutic methods, with dependent claims narrowing the scope to particular formulations or uses.
2. Can competitors develop similar drugs without infringing the patent?
Potentially, if they design around the specific structural features or therapeutic methods claimed, but they must avoid equivalent or obvious modifications.
3. How does this patent compare to international patents on similar drugs?
While aligned with international patenting standards, its enforceability is geographically limited; similar patents elsewhere may overlap but are not directly comparable in scope.
4. What is the patent term for KR20160135373?
Typically, patents filed in 2016 enjoy a 20-year term from the filing date, i.e., until 2036, subject to maintenance fees.
5. Could this patent be challenged or invalidated?
Yes, on grounds of lack of novelty, inventive step, or obviousness if prior art evidence emerges, or if claims are interpreted too broadly.
References:
[1] South Korea Patent Office, KR20160135373 patent documentation.
[2] World Intellectual Property Organization, PATENTSCOPE database.
[3] Case law analysis of pharmaceutical patent challenges in South Korea.
