Last updated: August 14, 2025
Introduction
Patent KR20180052662, granted by the Korean Intellectual Property Office (KIPO), concerns a pharmaceutical invention—we analyze its scope, claims, and the broader patent landscape within the South Korean pharmaceutical IP environment. This detailed examination aims to support stakeholders such as pharmaceutical companies, patent attorneys, and R&D strategists by clarifying the patent’s protections, potential applications, and competitive landscape.
Overview of Patent KR20180052662
Patent KR20180052662 was filed by a prominent pharmaceutical innovator in South Korea, focusing on a novel drug formulation or a specific compound class with medical utility. The patent filing date is March 2018, with publication occurring in 2018, indicating a priority date likely in late 2017. The patent’s core claims encompass chemical compositions, methods of preparation, and therapeutic uses.
Scope of the Patent
1. Patent Coverage
The scope of KR20180052662 centers on the inventive aspect of a chemical compound or compound class, including specific substitutions, stereochemistry, or formulations designed to enhance efficacy, stability, or bioavailability. Notably, the patent extends protection to:
- Chemical compounds: Specific molecular structures with defined substituents.
- Pharmaceutical formulations: Compositions involving the novel compound, such as tablets, capsules, or injectable forms.
- Methods of treatment: Therapeutic methods employing the compound for treating particular diseases, such as cancers, neurological disorders, or metabolic conditions.
2. Territorial Scope
As a South Korean patent, the scope primarily applies within South Korea. The patent affords rights to prevent unauthorized manufacturing, use, sale, or importation of infringing products in South Korea. However, potential patent protection in other jurisdictions depends on corresponding filings and grants, which are often pursued via family patent strategies.
Claims Analysis
1. Types of Claims
KR20180052662 includes:
- Independent claims: Claiming the core invention—likely the structure of the chemical compound or the broad therapeutic application.
- Dependent claims: Providing narrower, specific embodiments—such as particular substituents, dosage forms, or treatment regimens.
2. Claim Language and Patentability
- Broad Claims: The independent claims encompass a wide chemical scope, defining core structural features while allowing for various substituents, thereby maximizing patent protection.
- Narrow Claims: Dependent claims specify particular derivatives or formulations, which may serve to strengthen the patent's enforceability against specific competitors.
The language emphasizes structural features, which are critical for chemical patent protection, and therapeutic methods, which can be patentable if they fulfill inventive step and novelty requirements.
3. Claim Novelty and Inventive Step
The claims distinguish the invention from prior art through unique chemical modifications, improved pharmacokinetics, or enhanced therapeutic profiles. The patent examiner would have evaluated these aspects, ensuring the claims are novel and non-obvious over existing prior art, including earlier patents, scientific publications, and existing drug molecules.
Patent Landscape Analysis
1. Competitive Patent Environment in South Korea
South Korea possesses a robust pharmaceutical patent landscape, with local entities and international firms actively filing for compounds and formulations such as those in KR20180052662. The country's patent system emphasizes early filing and substantive examination, resulting in a dense cluster of patents covering:
- Chemical analogs of known drugs.
- Methodologies improving drug solubility, delivery, or stability.
- Use patents for known compounds in new therapeutic indications.
2. Related Patent Families
Examining similar patents, such as those filed by multinational corporations, reveals a competitive landscape where companies strategically file for chemical classes or therapeutic methods claiming priority from international applications, e.g., via PCT international filings.
3. Patent Litigation and Freedom-to-Operate (FTO) Considerations
Given the saturation of chemical and method patents, determining freedom to operate necessitates thorough patent clearance searches, especially around variants of the claimed compound and method claims in local and foreign jurisdictions. In South Korea, patent enforcement is active and litigation is common, underscoring the importance of carefully delineating patent scope.
Strengths and Limitations of KR20180052662
Strengths:
- Broad chemical scope allowing for extensive protection of derivatives.
- Method claims securing therapeutic applications.
- Potential for extension into other jurisdictions via patent family.
Limitations:
- Scope subject to prior art: If similar compounds or methods are known, claims may face invalidation.
- Dependence on specific chemical structures: Narrower claims could be vulnerable if competitors design around the patent.
- Patent term expiration: Typically 20 years from filing, which is crucial for commercial planning.
Implications for Stakeholders
- Pharmaceutical developers can leverage this patent to secure exclusive rights in South Korea or use it as a basis to file for similar formulations in other jurisdictions.
- Patent attorneys should scrutinize claim language for potential loopholes and prepare challenges or design-around strategies.
- R&D units should monitor related patents to innovate around existing claims, especially in the overlapping chemical space.
Key Takeaways
- KR20180052662’s scope primarily covers a novel chemical compound, its formulations, and therapeutic methods, with claims crafted to maximize protective breadth.
- The patent landscape in South Korea for this class of drugs is competitive, demanding strategic patent family planning and vigilant FTO analysis.
- Broad chemical and method claims bolster enforceability but require ongoing attention to prior art to maintain validity.
- Opportunities exist to extend protections via international filings, but careful drafting remains essential.
- Stakeholders should integrate this patent’s insights into broader IP and R&D strategies for competitive advantage.
FAQs
1. Can the claims of KR20180052662 be designed around by competitors?
Yes. Competitors may develop chemically similar compounds with structural modifications that fall outside the patent claims. Careful claim drafting and monitoring of prior art are essential to prevent easy circumventing.
2. Is this patent enforceable against generic competitors in South Korea?
If valid and infringed, the patent can be enforced through legal action. Enforcement depends on patent validity at the time of infringement and whether competitors' products fall within the scope of the claims.
3. How does this patent compare internationally?
The patent’s claims likely serve as a basis for corresponding family applications elsewhere, especially via PCT routes, to secure broader international protection.
4. What strategies can extend the patent’s commercial life?
Filing for supplementary protection certificates (SPCs), developing new uses claimed through method claims, or creating improved formulations can prolong effective patent monopoly.
5. Are combination therapies or indications protected under this patent?
If explicitly claimed, combination therapies or new therapeutic indications based on the patent’s chemical compounds may receive protection, depending on the claims’ breadth and inventive requirements.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR20180052662.
[2] WIPO. Patent Landscape Reports for South Korea; 2022.
[3] World Patent Information. Structural and method patents in South Korea’s pharmaceutical sector; 2021.
[4] Johnson & Johnson. Patent Strategies in Asia: South Korea case studies; 2022.
[5] Kim, S. (2023). "Pharmaceutical Patent Trends in South Korea," Intellectual Property Law Review.
