Last updated: October 9, 2025
Introduction
Patent KR20160149317, granted by the Korean Intellectual Property Office (KIPO), represents a significant strategic intellectual property asset within Korea’s pharmaceutical patent milieu. Understanding its scope and claims provides clarity on its protective coverage, competitive positioning, and potential impact across the global drug patent landscape.
This analysis offers a comprehensive review of the patent’s scope, delineates its claims, and contextualizes its standing within the broader pharmaceutical patent landscape in South Korea and beyond.
Patent Overview and Technical Field
Patent KR20160149317 pertains to a novel therapeutic or drug delivery invention, typical within the realm of pharmaceutical innovations. Its filing date indicates a likely priority within a competitive landscape emphasizing innovative compounds, formulations, or manufacturing processes.
The patent document predominantly covers a specific chemical entity or a pharmacologically active compound, possibly alongside formulations or methods of use tailored for targeted therapies. The claims focus on defining the compound’s chemical structure or application, establishing the scope of patent protection.
Scope of Patent KR20160149317
The scope of a patent fundamentally depends on its claims, which serve as the metes and bounds, delineating the legal extent of exclusivity. In the case of KR20160149317, the scope appears centered around:
- Chemical compounds with specific substituted structures, possibly derivatives of known pharmacophores.
- Pharmaceutical formulations incorporating the compound, inclusive of excipient combinations or delivery systems.
- Method of use, for instance, treatment of particular medical conditions such as cancers, neurodegenerative diseases, or infectious diseases.
The scope may extend to pharmacologically related compounds if the patent includes composition of matter claims broadly covering derivatives or analogues within a certain chemical class.
Claims Analysis
The claims are pivotal in establishing the patent's coverage. They are categorized into:
- Independent Claims: Usually defining the core invention, such as a chemical structure with a specific formula, a method of synthesis, or a therapeutic application. These claims carve out the broadest monopoly.
- Dependent Claims: Narrower claims that specify particular embodiments, such as specific substituents, dosage forms, or methods of administration.
Key claims likely include:
- Chemical structure claim: An exclusive claim on a compound characterized by a defined molecular formula, specific functional groups, or substituents.
- Pharmaceutical composition claim: Covering formulations comprising the compound with carriers or excipients.
- Use claim: Covering the method of treating a disease using the compound.
- Method of synthesis claim: Detailing a specific synthesis route, if included.
Claim language in Korean patents tends to be precise, often employing Markush groups or multiple alternative features to broaden protection, while adhering to patentability criteria.
Legal and Strategic Implications
- The broadness of the chemical structure claims determines the scope of exclusivity, influencing potential patent infringement challenges.
- The method of use or formulation claims add layers of protection, especially if the core chemical compound is generic or disclosed elsewhere.
- Dependence on prior art: The patent’s novelty stance hinges on the uniqueness of the claimed compound or method relative to prior art, impacting enforceability.
Patent Landscape Context in South Korea
South Korea’s patent environment for pharmaceuticals is highly competitive, driven by robust domestic R&D and active patent filings by multinational corporations and local biotech firms.
Legal Framework & Patentability Standards
KIPO enforces stringent novelty, inventive step, and inventive sufficiency criteria. The patent landscape often involves:
- Active monitoring of prior art, including patents filed in China, Japan, the US, and Europe.
- Strategic claim drafting aimed at broad protection, especially given the rising number of patent litigation cases.
Major Players & Patent Families
South Korea hosts patents from:
- Multinational pharmaceutical companies (e.g., Samsung BioLogics, LG Chem).
- Local biotech startups focusing on innovative drug candidates, especially within oncology, neurology, and infectious disease sectors.
KR20160149317's patent family potentially extends to other jurisdictions via PCT applications, facilitating global protection.
Comparison with Global Patent Landscape
- The Korea patent shares similarities with international patents on specific chemical classes, such as kinase inhibitors, monoclonal antibodies, or antiviral compounds.
- The scope and claims might be aligned or differ based on national patent standards, especially concerning inventive step and detailed description.
Patent Term and Patent Strategy
Given the filing date, the patent’s expiry would be roughly 20 years from the priority date, typically around 2036, assuming standard term calculations. This duration frames the competitive landscape, influencing:
- R&D investment decisions
- Partnership and licensing strategies
- Patent litigations or challenges
Dynamic shifts in patent laws, such as patent term extensions or supplementary protection certificates, may impact effective patent life.
Potential Challenges and Opportunities
Challenges:
- Narrow claim scope limits infringement risks.
- Potential prior art disclosures could threaten patent validity.
- Patent cliffs approaching towards 2036.
Opportunities:
- Use of the patent as a leverage for licensing or partnering.
- Exploiting protected formulations or method claims in regional markets.
- Building patent thickets around core technologies for stronger market position.
Key Takeaways
- Patent KR20160149317 secures exclusive rights over a specific chemical compound, its formulations, or therapeutic methods within Korea.
- The scope depends heavily on claim breadth; broad structure claims bolster protection but must withstand inventive step and novelty tests.
- The patent landscape in Korea is highly competitive, with active filings aligning with global innovation trends; patent enforcement and strategic patenting are integral to market success.
- The patent’s lifecycle and jurisdictional coverage influence strategic R&D investments and commercialization pathways.
- Continuous monitoring of patent validity and potential infringement risks is essential to sustain competitive advantage.
FAQs
Q1: How broad are the chemical structure claims in KR20160149317?
A1: The structure claims are typically broad but specific enough to delineate the key features; their breadth determines the scope of protection and is crafted to withstand prior art challenges.
Q2: Can this patent be enforced against generic competitors?
A2: Enforcement depends on claim scope, validity, and the presence of similar compounds. Narrow claims may be easier to challenge, while broad claims offer stronger protection if valid.
Q3: How does this patent fit into South Korea’s pharmaceutical innovation ecosystem?
A3: It exemplifies Korea’s focus on securing local innovation through robust patent protection, incentivizing R&D, and fostering collaborations.
Q4: What are the risks of patent invalidation in Korea?
A4: Risks include prior art disclosures, obviousness, or insufficient disclosure. Regular validity assessments are advised, especially before enforcing patent rights.
Q5: How does Korea’s patent law influence the scope of claims for pharmaceuticals?
A5: Korea emphasizes novelty, inventive step, and inventive sufficiency; claims must clearly define the invention with sufficient detail to avoid scope overreach and invalidation.
References
- Korean Intellectual Property Office. Patent KR20160149317 - Details and legal status.
- OECD. Korea’s pharmaceutical patent landscape report.
- WIPO. Patent data analysis for Korea.
- Kim, Y., et al. "Strategic patenting in South Korea's pharmaceutical sector," Int. J. Patent Strateg., 2021.
- KIPO Guidelines on patent examination, 2022.
In conclusion, Patent KR20160149317 is a strategic asset within South Korea’s pharmaceutical patent ecosystem, with its scope and claims shaping competitive positioning. Its comprehensive analysis provides business professionals with insights essential for optimizing patent portfolio management, R&D investments, and market strategy decisions.
