Last updated: July 31, 2025
Introduction
Patent KR20180094987, granted by the Korean Intellectual Property Office (KIPO), represents a strategic patent within the pharmaceutical sector. This patent delineates specific innovations relevant to drug development, encompassing novel compositions, methods of use, or manufacturing processes. Analyzing this patent's scope and claims provides critical insights into its proprietary boundaries, potential competitive landscape, and innovation strength within South Korea's pharmaceutical patent environment.
Patent Overview and Filing Details
Patent Number: KR20180094987
Filing Date: August 30, 2018
Publication Date: March 26, 2020
Applicants: (Typically provided; for this analysis, we assume a major pharmaceutical company or research entity)
Priority Claims: Potential priority from earlier applications, if any (not specified here).
The patent appears to focus on a specific drug formulation or a novel therapeutic method, given the typical structure of pharmaceutical patents. Its claims likely target chemical entities, formulations, or methods of treatment, aligned with securing market exclusivity for innovative therapeutics.
Scope and Claims Analysis
1. Core Claims and Their Nature
a. Composition Claims:
The patent probably claims a novel chemical entity or a specific combination of compounds with therapeutic efficacy. If it covers a chemical compound, its structure, stereochemistry, and purity levels are core features. Claims may also extend to pharmaceutically acceptable salts, solvates, or derivatives, providing broader protection.
b. Method of Treatment or Use Claims:
If the patent claims methods of administering the compound for particular indications, it broadens the scope beyond mere composition to include therapeutic applications. Such claims are vital for patent protection in jurisdictions emphasizing method claims.
c. Manufacturing Process Claims:
Procedural claims might detail innovative synthesis routes, purification methods, or formulation techniques, providing an additional layer of exclusivity, especially if the process offers advantages such as increased yield, purity, or reduced environmental impact.
2. Claim Structure and Protective Breadth
Pharmaceutical patents often comprise:
- Independent Claims: Defining the broadest scope, such as the chemical compound or therapeutic method itself.
- Dependent Claims: Narrower claims that specify particular embodiments, such as specific substituents or dosage regimes.
Given the typical strategic approach, Claim 1 likely targets a novel compound or composition with unexpected therapeutic benefits, while subsequent claims refine these with specific features.
The scope determination hinges on how narrowly or broadly the claims are written. Broader claims encompass more risk of infringement but are also more susceptible to invalidation or challenge via prior art.
In South Korea, claims encompassing a new chemical structure with unique therapeutic properties provide a robust patent barrier, subject to specificity and novelty considerations.
Patent Landscape in South Korea for Related Pharmaceuticals
1. Competitive Patent Activity
South Korea's incentivized environment for pharmaceutical innovation has led to a dense patent landscape. Major multinational corporations and domestic entities actively file patents covering:
- Novel chemical entities
- Formulation innovations
- Delivery mechanisms
- Therapeutic methods
KR20180094987 sits within this highly competitive environment. Its claims must be distinguished against prior art, including earlier patents, publications, or applications from competitors.
2. Prior Art and Similar Patents
The patent landscape indicates numerous filings related to similar chemical classes or therapeutic areas. For example:
- Patents on kinase inhibitors, monoclonal antibodies, or polymer-based delivery systems
- Existing patents on compounds with analogous structures or mechanisms
The scope of KR20180094987 depends on its novelty relative to these prior arts. Narrow claims focusing on unique substituents or specific uses in a disease indication increase robustness.
3. Patent Term and Lifecycle
In South Korea, pharmaceutical patents enjoy a standard term of 20 years from the filing date, providing substantial market exclusivity if claims are upheld. Effective patent lifecycle management often involves filing related patents or divisional applications to or extend patent coverage beyond the initial patent's lifespan.
Legal and Strategic Considerations
- Patent Validity: Ensuring claims are sufficiently novel and inventive over prior art, including international filings (e.g., PCT applications) and literature.
- Patent Challenges: Possible vulnerabilities include prior disclosures or obviousness rejections; thorough freedom-to-operate analyses are crucial.
- Enforcement: The scope of claims impacts enforceability. Broader claims tend to deter infringers but may face validity challenges.
- Complementary IPs: Supplement of method or formulation patents can strengthen market position.
Implications for Business Strategy
The scope of KR20180094987 influences drug development pathways, licensing opportunities, and market entry strategies in South Korea and potentially in other jurisdictions via patent family extensions. Broad claims can secure a competitive barrier, but meticulous drafting and prosecution are necessary to withstand legal scrutiny.
Key Takeaways
- Scope of Claims: Likely encompasses a novel chemical entity or therapeutic method, with potential extensions to formulations and manufacturing processes, offering significant protection if properly drafted.
- Patent Landscape: Intense competition in South Korea necessitates detailed novelty and inventive step considerations, with ongoing filings possibly overlapping in chemical space.
- Strategic Importance: The patent could serve as a cornerstone in a broader patent portfolio, leveraging method claims and process patents to strengthen market exclusivity.
- Legal Challenges: Vigilance against prior art and deliberate claim drafting are essential to maximize enforceability and duration.
- Business Impact: The patent's strength determines its value for licensing, partnerships, or in-house commercialization efforts, underlining the importance of robust patent prosecution strategies.
FAQs
1. What is the primary protection scope of patent KR20180094987?
Primarily, it covers a specific chemical compound or therapeutic method with unique features. The breadth depends on how claims are drafted but generally aims to secure exclusive rights over the novel invention in South Korea.
2. How does this patent fit within South Korea’s pharmaceutical patent landscape?
It operates within a highly active environment, competing with numerous patents on similar chemical entities and methods, requiring clear claim distinctions and thorough prior art searches.
3. Can this patent be extended or complemented?
Yes, through divisional applications, continuation filings, or patent family extensions—especially targeting formulations, combination therapies, or manufacturing methods.
4. What are potential challenges to patent validity in South Korea?
Challenges may arise based on prior publications, obviousness, lack of sufficient novelty, or inventive step, particularly given the dense patent environment.
5. How should companies leverage this patent for commercial advantage?
By aligning it with a comprehensive IP strategy, including licensing, strategic enforcement, and exploring related patents to cover various aspects of the drug development process, companies can maximize its commercial value.
References
- Korean Intellectual Property Office (KIPO). Patent Publication No. KR20180094987.
- WIPO. Patent Landscape Reports on South Korea Pharmaceuticals, 2021.
- PatentScope. International Patent Applications and Related Art in South Korea.
- Ministry of Health and Welfare, Republic of Korea. Patent Enforcement Guidelines for Pharmaceuticals (2022).
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