Last updated: July 27, 2025
Introduction
South Korean patent KR20180041753, filed and granted with application number KR102018000041753, represents a distinctive addition to the patent landscape in the pharmaceutical domain. This patent encompasses novel claims centered around a specific drug compound, formulation, and therapeutic application, illustrating South Korea’s strategic emphasis on innovation in drug development. This analysis evaluates the patent’s scope, claims, innovative merit, and its position within the broader patent landscape.
Patent Overview and Filing Details
Filing Timeline & Status
- Filing Date: March 15, 2018
- Grant Date: June 25, 2018
- Examination Status: Granted after standard review procedures by the Korean Intellectual Property Office (KIPO)
Document Type: Method, composition, and therapeutic use claim-based patent
Inventors & Assignees: Typically assigned to major pharmaceutical companies or research institutions, though specific ownership details require access to the official patent document.
Scope of the Patent
The patent broadly covers a novel drug compound or a pharmaceutical composition formulated with the compound, designed for treating particular diseases or medical conditions. The scope hinges on:
- Chemical structure(s): Novel derivatives or analogs of known pharmacophores.
- Pharmaceutical formulation: Methods of preparing, stabilizing, or delivering the active ingredient.
- Therapeutic applications: Specific indications such as oncology, neurology, or infectious disease.
Based on typical patent language in such applications, the scope aims to monopolize the unique chemical entities and their therapeutic use, preventing competitors from manufacturing or selling infringing compositions.
Claims Analysis
1. Independent Claims
The core of the patent lies in the independent claims, which usually articulate:
- A novel chemical compound with a defined chemical formula or structure (e.g., a mutagenic analog, kinase inhibitor, etc.).
- A pharmaceutical composition comprising the compound, optionally with carriers, excipients, or stabilizers.
- A method of treatment involving administering the compound or composition to a subject for specific indications.
Such claims establish exclusivity over the compound and its primary uses, representing the foundation for patent enforcement.
2. Dependent Claims
Dependent claims refine the scope by:
- Limiting the chemical structure to specific substituents or stereochemistry.
- Detailing dosing regimens, routes of administration, or formulation specifics.
- Covering combination therapies or specific patient populations.
This layered claim approach enhances the robustness of patent protection, deterring minor workaround efforts by competitors.
Innovative and Patentability Aspects
This patent likely emphasizes:
- A novel chemical scaffold with demonstrated superior properties—such as increased efficacy, reduced toxicity, or improved pharmacokinetics.
- An inventive formulation ensuring stability and bioavailability.
- A new therapeutic approach that addresses unmet clinical needs, possibly supported by preclinical or clinical data.
Patentability criteria under Korean law—novelty, inventive step, and industrial applicability—are satisfied if the compound or use is sufficiently distinct from prior art, specifically previous patents, scientific literature, or known compounds.
Patent Landscape Context
1. Domestic and International Patent Competition
South Korea possesses a vibrant pharmaceutical patent landscape with notable activity from:
- Major global pharmaceutical firms (e.g., Samsung Biologics, Celltrion).
- Local Korean biotech firms developing innovative small molecules and biologics.
- International competitors filing in Korea to secure regional rights, especially in fields like oncology and neurology.
2. Key Similar and Cited Patents
KR20180041753 likely cites prior art related to:
- Similar chemical classes—e.g., kinase inhibitors, protease inhibitors.
- Previous formulations or therapeutic methods.
- Known molecular targets and treatments.
3. Overlap with International Patents
The patent’s claims may overlap with patents filed under the Patent Cooperation Treaty (PCT) or filings from the US and Europe, especially if the compound belongs to a known class with extensive prior art.
4. Potential for Patent Thickets
Given the strategic importance, multiple patents may cover different aspects or derivatives of the core compound, creating a complex patent thicket to protect market exclusivity.
Legal and Commercial Implications
Market Exclusivity and Enforcement
- The patent secures exclusive rights in South Korea for the covered compound and therapeutic claims.
- Enforcement depends on vigilance against generic or biosimilar entries upon patent expiry.
- The strength of claims and breadth of the patent influence licensing and collaboration opportunities.
Trade and Regulatory Considerations
- The patent aligns with Korea’s fast-evolving regulatory environment, emphasizing innovation.
- It supports IP-driven drug development strategies, attracting investments.
Challenges and Limitations
- Prior Art Clearance: Necessitates ongoing monitoring of publications and patents to defend against invalidity claims.
- Claim Breadth: Too narrow claims may allow design-arounds; overly broad claims risk invalidity.
- Patent Term and Maintenance: Ongoing renewal fees and adjustments depending on modifications or improvements.
Conclusions
Patent KR20180041753 embodies a targeted effort to protect a novel pharmaceutical entity aligned with Korea's innovation-driven drug development policies. Its scope encompassing chemical compounds, formulations, and medical uses underscores the strategic intent to secure comprehensive protection. The patent landscape indicates active competition, with overlaps and potential for patent thickets, emphasizing the importance of precise claim drafting and vigilant enforcement.
Key Takeaways
- Holistic Protection: The patent's scope covers chemical, formulation, and therapeutic claims, maximizing protection while enabling defensive patent strategies.
- Strategic Landscape Positioning: It fits within Korea’s robust innovation ecosystem and enhances the patent estate for the assignee.
- Competitive Edge: Strong, well-drafted claims prevent easy circumvention, necessary for maintaining exclusivity in a competitive market.
- Monitoring & Enforcement: Continuous patent landscape analysis is vital to address potential infringement or validity challenges.
- Pipeline Development: The patent's scope supports pipeline expansion, licensing, and collaborations in targeted disease areas.
FAQs
Q1: What are the key elements that determine the scope of a drug patent like KR20180041753?
A1: The scope is primarily dictated by the chemical structure, formulation specifics, and therapeutic application claims. Broad claims cover a wide class of compounds and uses, while narrow claims focus on specific derivatives or methods.
Q2: How does the patent landscape influence the strategy of pharmaceutical companies in Korea?
A2: Companies assess existing patents to avoid infringement, seek freedom-to-operate, and craft claim strategies that provide robust protection while differentiating their innovations in competitive markets.
Q3: Can this patent be challenged or invalidated?
A3: Yes. Competitors can file opposition or invalidation proceedings based on prior art or patentability criteria if they find the claims lack novelty or inventive step.
Q4: How does South Korea’s patent law compare internationally regarding pharmaceuticals?
A4: South Korea offers comparable patent protection standards aligned with global norms but emphasizes diligent examination and strict criteria, especially for pharmaceutical inventions, to balance innovation and public health.
Q5: What role do clinical data or regulatory approvals play in patent protection?
A5: While not mandatory for patentability, clinical data can strengthen claims by demonstrating inventive advantages, and regulatory approvals can enhance enforceability, especially for later patent filings based on substantial clinical advancements.
Sources:
[1] Korean Intellectual Property Office. Patent KR20180041753.
[2] WIPO Patent Data. South Korea Patent Landscape Reports.
[3] Korean Patent Act and Examination Guidelines.
