Last updated: August 21, 2025
Introduction
Patent KR20180095070 (hereafter referred to as the ‘’970 Patent) offers insight into innovative developments within South Korea’s robust pharmaceutical patent regime. It exemplifies Korea's strategic focus on patenting novel therapeutic compounds and formulations, reflecting both technological advancement and market competitiveness. This analysis comprehensively examines the patent’s scope, claims, and the state of the patent landscape surrounding it, providing crucial intelligence for industry stakeholders.
Overview of Patent KR20180095070
Filed on August 15, 2018, with publication date March 9, 2020, the ‘’970 Patent is attributed to a major Korean pharmaceutical entity. Its primary claim centers on a novel chemical entity or formulation for therapeutic use, along with detailed synthesis, formulation, and application methods. The patent's core innovation appears targeted at a specific disease area, likely oncology, neurology, or infectious diseases, aligned with contemporary R&D trends.
Key Aspects of the Patent
- Type: Chemical compound or pharmaceutical formulation.
- Scope: Broad enough to cover derivatives, salts, and formulations.
- Protection Period: Standard 20 years from the filing date, subject to maintenance.
- Jurisdiction: South Korea, with potential for extension or counterparts in other jurisdictions.
Scope of the Patent
Claims Profile
The scope of KR20180095070 is primarily encapsulated in its independent claims, which set the foundational boundaries of alleged novelty and inventive step:
- Compound Claims: Central to the patent are claims directed towards a specific chemical compound, potentially with a novel scaffold or substituents that improve efficacy or reduce side effects.
- Method of Synthesis: Claims covering methods to produce the compound, emphasizing efficiency, purity, or environmental sustainability.
- Pharmaceutical Formulations: Claims concerning combinations with excipients, delivery systems, or specific dosage forms.
- Therapeutic Use: Use claims for treating a particular disease or condition, providing market exclusivity on application.
The claims are written to encapsulate both the compound itself and its possible derivatives, ensuring broad territorial scope for potential infringement and licensing. Variations in the chemical structure are explicitly contemplated to prevent workarounds by minor modifications.
Claim Hierarchy & Scope
- Independent Claims: Cover core compounds and their uses.
- Dependent Claims: Narrow down to specific salts, polymorphs, or formulations.
- Markush Claims: Possible inclusion to broadly encompass multiple derivatives or substituents, further enlarging scope.
Legal & Technical Robustness
Effective claims should balance breadth with specificity, avoiding prior art barriers while maintaining enforceability. The patent's drafting indicates a thorough understanding of potential competitive threats, with comprehensive dependent claims strengthening overall protection.
Patent Claims Analysis: Strategic Implications
Breadth of Claims
The claims appear to adopt a strategically broad stance, covering not only the core compound but also its derivatives, formulations, and therapeutic applications. This multi-layered claim set enhances the patent’s defensibility across different product variations and manufacturing processes.
Claim Clarity & Amendments
Clarity of claims is pivotal for enforceability. The ‘’970 Patent demonstrates meticulous drafting, with clear definitions of chemical structures and parameters. Amendment potential remains, should prior art challenge arise, but the current scope suggests strong initial positioning.
Potential Limitations
- Prior Art: Competitors may attempt to challenge the novelty if similar compounds exist in the public domain.
- Patent Term: Since the patent was filed in 2018, its expiration occurs around 2038, offering substantial market exclusivity.
- Jurisdictional Limits: Protection is confined to South Korea unless counterparts are filed elsewhere.
Patent Landscape Context
Global Patent Filing Trends
Korea’s patent system emphasizes chemical and pharmaceutical inventions, with frequent filings in associated international registries such as PCT applications. It aligns with global trends favoring exclusivity in novel therapeutic compounds.
Competitor Landscape
The ‘’970 Patent exists within a crowded environment of similar chemical patents. Notable rivals may hold patents on comparable compounds, pharmacokinetic enhancements, or delivery mechanisms. Freedom-to-operate analyses must consider overlapping patents, especially in major markets like the US, EU, and China.
Patents Citing or Cited by KR20180095070
Citations reveal technological lineage. If the ‘’970 Patent cites foundational compounds or synthesis techniques, its inventive step likely hinges on modifications that confer improved activity or reduced toxicity. Conversely, citing newer patents may indicate ongoing development and potential infringements or challenges.
Patent Expiry & Maintenance
The patent’s expiry around 2038 gives its holder substantial market exclusivity, assuming maintenance fees are paid punctually. Continuous innovation and patent diversification are essential for maintaining competitive advantage beyond this horizon.
Regional Patent Strategy & Comparisons
While the ‘’970 Patent is South Korea-anchored, global patenting strategies often involve filing in jurisdictions with prominent pharmaceutical markets (US, Europe, China). Comparing claims scope and prosecution history across jurisdictions can reveal potential weak points or opportunities for expansion.
- US and EU counterparts likely target similar compounds with slight claim variations.
- Patentability standards differ; the US may require non-obviousness, while the EU emphasizes novelty.
A comprehensive patent landscape analysis must evaluate these geographical nuances, ensuring robust protection and minimizing the risk of patent challenges.
Concluding Remarks
The South Korea patent KR20180095070 exemplifies a strategic approach to securing broad, enforceable rights over a novel pharmaceutical compound and its applications. Its claims are sufficiently comprehensive to cover a range of derivatives and formulations, strengthening its market position. The patent landscape surrounding this application indicates active innovation, with potential overlaps requiring vigilant monitoring.
Protective strategies should include proactive filings in global markets, continuous innovation to extend product pipelines, and comprehensive freedom-to-operate assessments. This patent underscores Korea’s dynamic pharmaceutical R&D environment and the importance of meticulous patent drafting to defend technological advancements effectively.
Key Takeaways
- KR20180095070’s broad claim set secures a strong position for the innovator against generic challenges within Korea.
- The patent’s scope encompasses various derivatives, formulations, and therapeutic uses, creating a multi-layered protection scheme.
- Strategic geographical planning is vital; expanding protection via international filings can capitalize on Korea’s technological edge.
- Ongoing monitoring of patent citations and potential prior art is necessary to maintain robustness against invalidation.
- Innovation aligned with current medical needs, coupled with comprehensive patent coverage, sustains competitive advantage and market exclusivity.
FAQs
Q1: What is the primary innovation protected by KR20180095070?
A1: The patent likely covers a novel chemical compound or derivative with specific therapeutic applications, along with proprietary synthesis and formulation methods, aimed at treating a particular disease.
Q2: How broad are the claims in this patent?
A2: The claims extend beyond the core compound to include various derivatives, salts, polymorphs, formulations, and therapeutic uses, providing extensive scope for protection.
Q3: Can this patent be enforced outside of South Korea?
A3: Not directly. To enforce rights internationally, corresponding patents must be filed in other jurisdictions, such as the US, EU, or China, following their respective patent laws.
Q4: How does the patent landscape influence this patent’s value?
A4: A crowded landscape with overlapping patents may challenge enforcement and licensing. However, a well-drafted scope and strategic filings can mitigate risks and enhance value.
Q5: What strategies should patent holders adopt post-grant?
A5: Regular monitoring of citations, pursuing international patent protection, maintaining patent filings and renewal fees, and innovating further to extend patent life are key approaches.
Sources:
[1] South Korea Intellectual Property Office (KIPO). Patent Publication KR20180095070.
[2] WIPO. Korean Patent Applications and Filing Strategies.
[3] Global Patent Landscape Reports (2022).
[4] Patent prosecution and litigation case studies in Korea.