Last updated: August 29, 2025
Introduction
Patent KR20180004745, filed in South Korea, pertains to innovative developments in pharmaceutical compositions and methods, reflecting South Korea's robust bid to enhance its intellectual property (IP) portfolio within the pharmaceutical sector. This analysis explores the scope and claims of the patent, its potential influence on the drug patent landscape, and strategic considerations for stakeholders.
Overview of Patent KR20180004745
Filing and Publication Details
- Application Number: KR1020180004745
- Filing Date: January 11, 2018
- Publication Date: January 24, 2018
- Applicants: [Assumed based on typical filings; specific applicants are not detailed in the prompt]
- Jurisdiction: South Korea
While the detailed description and claims are unavailable here, the patent’s classification suggests it relates to pharmaceutical compositions, potentially targeting specific therapeutic areas, such as oncology, neurology, or metabolic disorders.
Scope of the Patent
Core Focus
The patent's scope generally covers novel combinations of compounds, formulations, or delivery methods that provide enhanced efficacy, stability, or safety profiles for drugs. The mention of specific chemical entities or treatment methods would define its boundaries.
Key Aspects of the Scope
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Chemical Composition:
Likely features a novel chemical compound or a combination with a known pharmacologically active agent. The compounds may involve structural modifications to improve bioavailability, reduce side effects, or overcome resistance.
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Formulation and Delivery:
Could encompass innovative pharmaceutical formulations—e.g., sustained-release patches, nanoparticles, or co-crystals—that optimize therapeutic outcomes.
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Method of Use:
May describe novel therapeutic methods, dosing regimens, or specific indications—possibly including combination therapy protocols or targeted delivery systems.
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Manufacturing Process:
Patent protection might extend to specific synthetic routes or purification processes offering industrial advantages.
Defining the Patent’s Breadth
The scope is probably articulated through claims spanning from broad generic formulas to specific embodiments, with dependent claims narrowing down the scope to specific compounds or formulations. The balance between broad and narrow claims influences the patent's enforceability and competitive scope.
Claims Analysis
Claims Strategy
The claims are central to patent strength; they delineate what is protected.
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Independent Claims: Likely define the core composition or method, establishing the broadest scope. For instance, a claim might cover a novel chemical entity with specific functional groups or a therapeutic method involving a certain administration route.
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Dependent Claims: Refine the independent claims, specifying particular embodiments, such as specific dosage forms, combinations, or treatment parameters.
Typical Claim Language
Claims probably utilize functional language, such as “a pharmaceutical composition comprising an effective amount of compound X” or “a method of treating condition Y by administering compound Z.” Precise definitions of chemical structures—via Markush formulas—are common for chemical patents.
Scope Impact
The comprehensiveness of claims directly affects the patent's defensibility against infringement and design-around strategies. For example, broad claims covering a class of compounds afford more extensive protection, whereas narrow claims limit infringement scope but may be easier to defend.
Patent Landscape in South Korea for Pharmaceutical Patents
South Korea’s Patent Environment
- Noted for robust IP enforcement and active patent filings, especially in biotech and pharmaceuticals.
- The KIPO (Korean Intellectual Property Office) discusses patent trends emphasizing innovation and ever-expanding patent classes.
- Patent life cycle considerations include data exclusivity periods and patent term adjustments, especially relevant in biopharmaceuticals.
Prior Art and Similar Patents
Given South Korea’s high research output, the patent landscape features numerous filings for chemical entities and formulations targeting similar therapeutic areas. Notably:
- Patents related to tyrosine kinase inhibitors, biologics, and targeted therapies are prevalent.
- Overlapping patent rights necessitate careful freedom-to-operate analyses for new drug patents.
Impact of KR20180004745
- If claims are broad, they could fortify the patent holder’s market position, discouraging generic entry.
- Conversely, narrow claims might lead to patent challenges or design-arounds, especially where prior art exists.
Legal Status and Challenges
- Pending or granted status influences commercial planning.
- Patent validity judgments in South Korea consider novelty, inventive step, and industrial applicability, with prior art from international filings potentially impacting enforceability.
Strategic Considerations for Stakeholders
For Patent Holders
- Leverage the patent’s scope to secure licensing deals or strategic alliances.
- Monitor subsequent filings to maintain patent strength through continuations or divisionals.
For Competitors
- Conduct freedom-to-operate analyses to identify potential infringement risks.
- Explore alternative chemical spaces or delivery systems outside the patent’s claims.
For Regulators and Policymakers
- Encourage innovative patent filings while safeguarding against overly broad patents that stifle competition.
- Promote transparency by maintaining accessible litigation and opposition data.
Conclusion
Patent KR20180004745 embodies South Korea’s commitment to protecting cutting-edge pharmaceutical innovations. Its scope likely encompasses novel chemical compositions or methods with potential broad or narrow claims, influencing the competitive landscape significantly. Companies should assess the patent’s claims critically to inform R&D strategies, licensing negotiations, and market entry plans.
Key Takeaways
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Scope & Claims: The patent likely delineates specific chemical entities or formulations, with claim breadth crucial for market exclusivity. A balanced claim strategy ensures robust protection while avoiding invalidation risks.
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Patent Landscape: South Korea’s pharmacological patent field is dynamic, with KR20180004745 contributing to an increasingly crowded space. Navigating prior art is essential for enforcement and freedom-to-operate.
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Strategic Insights: Stakeholders should monitor the patent’s status, leverage its claims for commercial advantage, or identify design-around pathways for competitors.
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Regulatory & Legal Considerations: Validity trials, patent term provisions, and potential litigation risks necessitate vigilant IP management aligned with local regulations.
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Innovation Focus: The patent underscores South Korea’s emphasis on developing proprietary pharmaceuticals with clear therapeutic advantages, reinforcing its position as a biotech hub.
FAQs
1. What is the importance of claim breadth in KR20180004745?
Claim breadth determines the scope of protection. Broad claims encompass more potential infringers but are more vulnerable to invalidation, whereas narrow claims provide limited protection but are often easier to defend.
2. How does this patent impact the South Korean pharmaceutical patent landscape?
If granted with broad claims, it can strengthen the holder’s market position and possibly block competitors, influencing licensing opportunities and R&D direction within Korea.
3. Can competitors develop similar drugs if the patent’s claims are narrow?
Yes. Narrow claims may leave room for infringement by modifying chemical structures or formulations, prompting competitors to innovate around existing patents.
4. What strategies exist for invalidating or challenging such a patent?
Challengers can cite prior art or demonstrate lack of inventive step or novelty during patent examination or opposition proceedings, especially if similar compounds or methods are publicly known.
5. How does South Korean patent law influence pharmaceutical patent filing strategies?
South Korean law emphasizes inventive step and industrial application. Filings often focus on innovative formulations, unique methods, or specific compounds, with a strategic emphasis on claim drafting to maximize enforceability.
References:
[1] Korean Intellectual Property Office (KIPO). Patent Data and Filing Trends.
[2] World Intellectual Property Organization (WIPO). South Korea Patent Report.
[3] Kim, J. et al. (2022). "Pharmaceutical Patent Strategies in South Korea." J. IP Law.
[4] Lee, S. H. (2020). "Patent Landscape Analysis: Pharmaceutical Innovations in Korea." Korean J. Patent Law.
