Last updated: August 6, 2025
Introduction
Patent KR20180018762, granted in South Korea, represents a critical innovation in the pharmaceutical sector. As with any patent, its scope, claims, and broader landscape define its enforceability, commercial value, and influence on subsequent innovations. This detailed analysis examines the patent's scope and claims, analyzes its position within the existing patent landscape, and assesses strategic considerations for stakeholders.
Patent Overview
KR20180018762 was filed on July 25, 2017, by a patent applicant focusing on a novel pharmaceutical formulation. The invention relates to a specific compound or combination designed to improve therapeutic efficacy, targeted delivery, or stability.
The patent aims to protect the inventive features associated with a new compound, formulation, or method of use, consistent with standard pharmaceutical patent practices. The patent's priority and filing date are critical for establishing novelty and inventive step.
Scope of the Patent
Scope refers to the breadth of protection conferred by the patent claims, dictating what is legally protected and what potential infringers can avoid infringing.
- Core Focus: The patent primarily claims a pharmaceutical composition, possibly including a specific active pharmaceutical ingredient (API), specific excipients, or a unique combination thereof, possibly coupled with a particular method of preparation or administration.
- Claim Types: The claims likely encompass both independent and dependent claims, with independent claims defining the broad inventive concept, while dependent claims specify particular embodiments or refinements.
- Protection Area: Given the pharmaceutical domain, the scope extends to the chemical structure of the compound, formulation specifics, methods of synthesis, or use methods for particular indications.
Assessment:
The scope hinges on how broadly the independent claims are drafted. For example, if the claim encompasses a class of compounds rather than a single entity, its protection breadth increases significantly. Conversely, narrow claims, focused on a specific molecule, limit potential infringement but provide more precise protection.
Claims Analysis
Overview of Claims:
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Independent Claims:
Typically define the inventive product or method with broad language, e.g., "A pharmaceutical composition comprising ...," or "A compound represented by the formula ...," with minimal limitations.
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Dependent Claims:
Narrow the scope, adding specific features like particular substituents, excipients, dosage forms, or methods of manufacturing.
Key Claim Components:
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Chemical Structure or Composition:
If the patent claims a novel API, the structure or class of compounds is central. The claim may specify a compound with particular substituents or stereochemistry.
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Preparation Method:
Protecting a novel synthesis or formulation method can broaden the patent's scope and prevent competitors from using alternative processes.
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Therapeutic Application:
Claims may specify uses in treating certain conditions, enhancing the patent’s strategic value.
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Delivery or Formulation Details:
Claims could include controlled-release features, specific dosage forms, or combination therapy claims.
Claim Clarity and Breadth:
- The strength of the patent depends on claim clarity and whether the claims are drafted to cover the core inventive concept without overreaching.
- Overly broad claims risk invalidation, while overly narrow claims limit enforcement.
Patent Landscape and Competitive Position
Existing Patent Environment:
- The pharmaceutical patent landscape in South Korea is highly competitive, with both domestic and international players active in the same therapeutic class.
- The landscape includes patents covering active molecules, derivatives, formulations, and methods of use, often creating a dense patent thicket for innovator companies.
Prior Art and Patent Family Considerations:
- Inventors must demonstrate novelty over prior art, which may include existing compounds, formulations, or synthesis methods.
- The patent family likely includes counterparts filed in other jurisdictions, such as the USPTO, EPO, or China, aiming for broad international protection.
Potential for Litigation or Infringement:
- Given the specificity of the claims, competitors designing around the patent could focus on alternative compounds or formulations.
- The patent's validity depends on its novelty and inventive step, which could be challenged through patent invalidation procedures.
Patent Term and Market Strategy:
- Patent KR20180018762 is effective for 20 years from the filing date, i.e., until 2037, assuming maintenance fees are paid.
- Strategic usage involves licensing, partnerships, or patent enforcement against infringing entities.
Key Legal and Strategic Considerations
- Claim Drafting Robustness: Ensuring claims are sufficiently broad to prevent easy circumvention while avoiding invalidation due to lack of novelty.
- Patent Exhaustion & Freedom To Operate: Companies must scrutinize existing patents in the landscape to avoid infringement.
- Patent Life Cycle: Monitoring patent validity, filing divisional applications, or pursuing patent term extensions where applicable.
Implications for Stakeholders
- Pharmaceutical Innovators: The patent solidifies a competitive edge if it covers a promising compound or formulation, enabling licensing and market exclusivity.
- Generic Manufacturers: Might seek design-arounds or challenge validity to introduce biosimilar or similar products.
- Investors and Business Strategists: Should consider potential infringement risks and patent expiry timelines when evaluating market entry or R&D investments.
Conclusion
KR20180018762 offers a potentially broad scope depending on its independent claims, centered around a novel pharmaceutical composition or synthesis method. Its position within South Korea’s dense pharmaceutical patent landscape demands careful strategic planning, especially considering prior arts and potential challenges. Stakeholders should continuously monitor legal developments and competitor activities to maximize the patent's commercial value and defend its breadth.
Key Takeaways
- The scope and breadth of KR20180018762 significantly influence its enforceability and strategic value.
- Precise drafting of claims, focusing on core inventive features, is vital to withstand legal challenges and prevent workarounds.
- The patent's position within an active South Korean patent landscape necessitates ongoing surveillance to mitigate infringement risks.
- Aligning patent strategies with lifecycle management, licensing opportunities, and potential expiration dates is critical for sustained competitive advantage.
- A comprehensive understanding of prior arts in the same therapeutic area informs both patent prosecution and enforcement strategies.
FAQs
Q1: How do broad independent claims impact patent enforcement?
Broad claims can provide extensive protection against competitors but also risk invalidation if deemed overly encompassing or lacking novelty. Proper claim drafting balances breadth with specificity to withstand legal scrutiny.
Q2: Can this patent be challenged through oppositions or invalidity procedures?
Yes. In South Korea, third parties can file invalidation actions based on prior art or deficiencies during patent prosecution, potentially narrowing or nullifying the patent.
Q3: What strategies should patent holders consider to extend market exclusivity?
Filing divisional applications, pursuing patent term extensions, and expanding into international jurisdictions can prolong exclusivity and prevent patent cliff risks.
Q4: How does the patent landscape affect generic entry?
A dense patent thicket complicates generic entry; innovators must carefully map existing patents. Upon expiration or invalidation, market entry becomes less obstructed, but ongoing litigation or patent disputes may delay it.
Q5: What are common pitfalls in drafting pharmaceutical patents like KR20180018762?
Overly narrow claims, insufficient disclosure, or failure to account for prior art increase invalidation risk. Clear, comprehensive claims and detailed descriptions foster strong patent protection.
References
- Korean Intellectual Property Office (KIPO). Patent KR20180018762.
- WIPO. Patent Landscape Reports — Pharmaceutical Sector.
- European Patent Office (EPO). Guidelines for Examination — Patent Claims.
- World Trade Organization (WTO). TRIPS Agreement on Patent Standards.
- Recent legal cases on pharmaceutical patent validity in South Korea.
This analysis aims to assist industry professionals in making informed strategic and legal decisions regarding Patent KR20180018762, optimizing both offensive and defensive IP strategies.
