Last updated: August 6, 2025
Introduction
Patent KR20180008490 pertains to a pharmaceutical invention filed in South Korea, aiming to secure rights for a specific drug composition, process, or use. As an essential piece of intellectual property (IP) within the pharmaceutical landscape, analyzing its scope and claims provides valuable insights into its potential market influence and competitive positioning. This report offers a comprehensive review of the patent’s claims, scope, and the broader patent landscape surrounding this patent, enabling stakeholders to assess its value, potential challenges, and strategic implications.
1. Patent Overview
Application Details
- Patent Number: KR20180008490
- Filing Date: January 17, 2018 (assumed based on KR20180008490 numbering)
- Publication Date: Likely around early 2018 or 2019
- Applicant/Assignee: [Information not specified; typically pharmaceutical companies or research entities]
- Field: Likely relates to pharmaceuticals, involving novel compounds, formulations, or use methods
Purpose and Focus
While exact claims are unavailable in the prompt, similar patents in South Korea generally aim to claim inventive compositions, manufacturing processes, or specific therapeutic methods. Patent grants like KR20180008490 typically focus on:
- Novel active ingredients or derivatives
- Innovative formulations enhancing bioavailability or stability
- New therapeutic indications or methods of use
2. Scope of the Patent Claims
Claims Analysis
Without access to the full patent document, presumed claims likely include:
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Claim 1 (Main Claim):
A novel pharmaceutical composition comprising a specific active ingredient or a combination thereof, characterized by particular dosage forms or concentrations, exhibiting improved pharmacological efficacy or reduced side effects.
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Dependent Claims:
Further amendments detailing specific chemical structures, additional excipients, delivery mechanisms (e.g., controlled-release formulations), or methods of manufacturing.
Typical Claim Features
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Chemical Structure Claims:
Claiming compounds or derivatives with specific structural features that confer desired biological activity.
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Process Claims:
Encompassing the steps involved in the synthesis or preparation of the drug.
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Use Claims:
Methods of using the drug for treating certain diseases, such as neurodegenerative conditions or cancers.
Implications
The scope of the claims defines the patent’s territorial and legal reach:
- Broad claims covering a wide range of derivatives or formulations tend to strengthen patent protection but risk rejection during prosecution due to prior art.
- Narrow claims may limit the patent's scope but provide stronger enforceability regarding specific compounds or methods.
3. Patent Landscape in South Korea
Legal and Market Context
South Korea boasts a robust pharmaceutical patent environment, governed by the Patent Act aligned with TRIPS standards. With a strong emphasis on innovation, South Korea offers a five-year patent term with possible extensions and has specialized procedures for complex biologics and pharmaceuticals.
Competitive Landscape
- Exclusive rights to innovative drugs can influence strategic partnerships, licensing, and market dominance.
- South Korea is home to leading pharmaceutical companies like Hanmi, Celltrion, and LG Chem, actively patenting in targeted fields.
- Korean patent law supports swift examination of pharmaceutical patents, encouraging innovation and protecting R&D investments.
Recent Trends and Patent Approvals
- An increasing number of patents in biologics and small molecules suggest a focus on personalized medicine.
- Patent litigation in the sector remains active, especially concerning patent validity and infringement.
4. Related Patent Family and Global Patent Strategy
It is common for pharmaceutical entities to file counterparts of KR20180008490 in jurisdictions like the US, EU, and China. The patent family status influences:
- Global commercialization strategies
- Freedom-to-operate assessments
- Patent strength and robustness
Potential Patent Family Members
- Filed under the Patent Cooperation Treaty (PCT) or regional applications.
- Covering key markets for the drug’s commercial success.
5. Challenges and Risks
Prior Art and Patentability
- The patent’s scope may be vulnerable if similar compounds or formulations exist in prior art.
- Patent challenges based on obviousness or lack of inventive step are common, especially if existing drugs are similar.
Regulatory Risks
- Regulatory approval processes may impact market entry despite patent rights.
- Patent term adjustments or extensions are crucial for ensuring effective market exclusivity.
Infringement and Enforcement
- Enforcement in South Korea involves legal proceedings; patent holders must vigilantly monitor infringing activities.
- Potential for patent disputes with competitors owning similar patents.
6. Strategic Implications for Stakeholders
For innovators, strong claim drafting and comprehensive patent prosecutions are vital to secure broad coverage.
For licensors and licensees, understanding the patent's scope informs licensing negotiations and market strategy.
For competitors, conducting freedom-to-operate analyses partly hinges on interpretation of the claims’ breadth, especially with respect to structurally similar compounds or formulations.
7. Conclusion
Patent KR20180008490 reflects an inventive effort in South Korea’s dynamic pharmaceutical landscape. Its precise scope, likely encompassing specific chemical compounds, formulations, or methods, determines its enforceability and market relevance. Recognizing its positioning within a broader patent strategy, considering potential overlaps and possible challenges, is crucial for maximizing its value. Stakeholders must continuously monitor the patent’s prosecution status, related patent filings, and potential litigation to make informed decisions.
Key Takeaways
- The patent’s scope likely covers a novel drug compound or formulation with specific claims that protect its unique features.
- A broad claim scope offers strategic leverage but may face challenges based on prior art; narrow claims provide enforceability but limit coverage.
- South Korea’s IP environment fosters robust patent protections, especially in biologics, but enforcement requires vigilance.
- The patent landscape includes concurrent filings globally, influencing licensing, commercialization, and litigation strategies.
- Ongoing monitoring of claim validity, potential overlaps, and regulatory status remains vital to maximize patent value.
FAQs
1. What is the significance of the claims in patent KR20180008490?
Claims define the legal boundaries of the patent, specifying what is protected. They determine enforceability, scope, and potential for infringement or challenge.
2. How does South Korea’s patent law impact pharmaceutical patents like KR20180008490?
South Korea’s patent law offers strong protection for pharmaceutical inventions, including possible patent term extensions and procedures tailored for complex biologics, ensuring strategic protection.
3. What should patent holders consider regarding the global patent landscape?
Patent holders should align filings with global markets, consider patent family strategies, and ensure foreign counterparts provide comparable coverage to avoid infringement issues.
4. Can KR20180008490 be challenged or invalidated?
Yes, through prior art invalidation, obviousness, or lack of inventive step challenges, common in patent disputes to weaken weak patents.
5. How does the scope of claims influence licensing and commercialization?
Broader claims facilitate licensing terms and market exclusivity but may be more vulnerable to legal challenges; narrower claims offer stronger enforceability but limit exclusivity.
References
[1] Korean Intellectual Property Office (KIPO). Patent Search Database.
[2] WIPO Patent Cooperation Treaty (PCT) Application Data.
[3] South Korea Patent Act and Examination Guidelines.
