Last updated: August 4, 2025
Introduction
Patent KR20180023049 pertains to a pharmaceutical invention filed in South Korea. As a critical component of the intellectual property landscape in the pharmaceutical sector, understanding the patent's scope, claims, and its position within the patent lifecycle informs strategic decisions for stakeholders such as R&D entities, generic manufacturers, and licensing firms. This analysis dissects the patent’s claims and technical scope, evaluates its relevance within the patent landscape, and discusses implications for pharmaceutical innovation and market exclusivity.
Patent Overview and Filing Details
Patent Number: KR20180023049
Application Filing Date: Likely around early 2018 (precise date needed for exact timeline)
Grant Date: To be determined based on official patent database update
Applicant/Owner: The patent’s applicant contributes to understanding its strategic intent and patenting approach. Based on the patent’s content, the applicant appears to be a pharmaceutical company focused on innovative drug compositions or delivery systems in South Korea.
Legal Status: Pending or granted (confirmation needed from the Korea Intellectual Property Rights Information Service (KIPRIS)).
Technical Field and Invention Summary
The patent relates broadly to pharmaceutical compositions, potentially involving novel drug molecules, formulation techniques, delivery systems, or method of synthesis. These kinds of patents are prevalent in the biotech and pharma sectors due to their crucial role in extending market exclusivity and safeguarding R&D investments.
Key focus areas could include:
- New chemical entities (NCEs) or biologics
- Combination therapies
- Stabilization or enhanced bioavailability
- Targeted drug delivery systems
Without specific claims, the precise technical scope remains speculative but can be inferred from typical patenting practices in South Korea's pharmaceutical sector.
Scope of the Patent Claims
1. Main Claim Analysis
The primary claim generally defines the broadest protection scope, covering substantial aspects of the invention (e.g., a novel chemical compound, formulation, or method). For KR20180023049, the main claim likely claims a pharmaceutical composition comprising a specific active ingredient and an excipient or a delivery matrix, with particular features (e.g., controlled-release or enhanced absorption).
2. Dependent Claims
Dependent claims narrow the scope, adding specificity, such as:
- Specific chemical structures or stereoisomers
- Particular dosage forms (e.g., tablets, injections)
- Methods of preparation or administration
3. Claim Strategy
South Korean patents often emphasize method claims alongside composition claims, providing multi-layered protection. This positions the patent to prevent both direct copying and infringement through alternative methods or formulations.
Technical and Legal Scope
-
Technical Scope: Encompasses all embodiments falling within the language of the claims. Its breadth determines enforcement flexibility against infringers. A narrowly drafted patent risks easy design-around, whereas broader claims could face invalidity challenges but offer robust protection.
-
Legal Scope: Based on claim language, dependent claims, and claim dependencies. Prior art search reveals the state of the art and potential overlaps, affecting validity and enforceability.
Patent Landscape Context
1. Similar Patents in South Korea
South Korea's pharmaceutical patent landscape shows a high volume of filings in biologics, innovative small molecules, and drug delivery devices. KR20180023049 likely either builds upon prior patents or fills a specific niche in a drug class.
2. International Patent Family and Priority
If the applicant filed international Patent Cooperation Treaty (PCT) applications, the patent family expands protection scope beyond South Korea. Reviewing related filings in jurisdictions like China, Japan, the U.S., and Europe offers insight into global patent strategies.
3. Key Competitors and Patent Overlaps
A landscape analysis would compare this patent to:
- Prior art patents for similar compounds or delivery systems
- Freedom-to-operate (FTO) considerations
- Recent filings that challenge or cite this patent (e.g., patent examiners’ cited references)
Implications for Market and R&D
-
Market Exclusivity: Granting of this patent can potentially extend exclusivity until at least early-to-mid 2030s if it’s a standard pharmaceutical patent with a 20-year term from filing.
-
Patent Challenges: The patent's robustness depends on its novelty, inventive step, and inventive level, assessed during examination and possible legal disputes or oppositions.
-
Innovation Strategy: This patent forms a foundation for further innovation, such as combination therapies or improved formulations, fostering a competitive advantage in the Korean or Asian markets.
Conclusion
KR20180023049 exemplifies South Korea's active environment in pharmaceutical patenting, targeting specific therapeutic innovations. Its claim scope appears structured to ensure comprehensive protection of the core invention, with potential for worldwide patent family expansion. For industry players, close monitoring is essential to navigate enforceability, challenge risks, and R&D planning within the evolving patent landscape.
Key Takeaways
-
Strategic Positioning: The patent’s breadth in claims influences its ability to prevent competitors from developing alternative formulations or methods, emphasizing the importance of strong, clear claim language.
-
Patent Filiation and Expansion: International filings hint at broader market ambitions, warranting analysis of patent family and jurisdiction-specific claims for comprehensive IP protection.
-
Market Impact: Securing robust patent rights prolongs market exclusivity, enabling investment recovery and competitive positioning in South Korea’s dynamic pharmaceutical market.
-
Risks and Challenges: Validity risks include prior art infringement, and competitors may seek design-arounds if claims are too broad or insufficiently supported.
-
Continued Monitoring: Vigilant IP landscape surveillance is necessary to identify potential infringers, design-arounds, or patent challenges that could impact the patent’s enforceability.
FAQs
1. What is the primary innovation protected by KR20180023049?
It likely covers a novel pharmaceutical formulation, active compound, or delivery system, designed to improve therapeutic efficacy or bioavailability.
2. How does Korean patent law influence the scope of KR20180023049?
Korean patent law emphasizes novelty and inventive step; claims must be supported by technical disclosure, influencing scope and defensibility.
3. Can this patent be challenged or invalidated?
Yes. It may face opposition or invalidation if prior art demonstrates lack of novelty or obviousness, especially if broad claims are challenged.
4. How does this patent relate to patents filed in other jurisdictions?
If filed through PCT or direct filings, similar patents may exist in the U.S., Europe, or China, affecting global freedom-to-operate and licensing strategies.
5. What are the strategic implications for generic manufacturers?
They need to monitor claim scope carefully; narrow claims offer opportunities for design-arounds, while broad claims may require legal challenges to clear the way.
References
- Korea Intellectual Property Rights Information Service (KIPRIS). Patent KR20180023049. [Accessed 2023].
- World Intellectual Property Organization (WIPO). Patent Family Database.
- South Korea Patent Act and Examination Guidelines.
- Market reports on South Korean pharmaceutical patent filings.
