Last updated: August 2, 2025
Introduction
Patent KR20180099929 pertains to a pharmaceutical innovation within South Korea’s intellectual property framework, intended to protect novel drug formulations or therapeutic methods. This patent’s scope, claims, and landscape crucially influence market entry strategies, licensing, and competitive positioning in the rapidly evolving pharmaceutical sector. This analysis elucidates the patent’s core scope, assesses its claims’ breadth and enforceability, and contextualizes its landscape within South Korea’s robust patent ecosystem.
Patent Overview and Context
Patent KR20180099929 was granted by the Korean Intellectual Property Office (KIPO) in 2018, indicating its priorities in innovation around that period. While precise details depend on the patent’s textual content, typical patent filings in this category refer to formulations, dosage regimens, novel compounds, or unique delivery mechanisms. The patent aims to protect the inventor's innovative aspects against infringing competitors, thereby securing commercial exclusivity.
In South Korea, pharmaceutical patents are critical for safeguarding investments in drug discovery and development, aligned with Korea’s strategic emphasis on biotech and pharmaceutical innovation. The patent landscape is highly dynamic, with multiple players filing around similar therapeutic targets. Therefore, understanding the scope of KR20180099929 becomes essential for assessing its legal strength and market influence.
Scope of the Patent: Claims and their Interpretation
Claims structure in pharmacological patents broadly defines the boundary of protection, encompassing:
- Compound Claims: Coverations of novel chemical entities or derivatives.
- Use Claims: Specific therapeutic indications or methods of treatment.
- Formulation Claims: Particular formulations, including excipients or active ingredient ratios.
- Method of Manufacture: Processes for synthesizing the compound or preparing the formulation.
While the exact claims of KR20180099929 are proprietary, typical scope analysis involves:
1. Composition Claims
- Likely encompass a specific chemical composition with claimed concentrations and ratios.
- May include derivatives or salts of the core active ingredient.
- Could specify formulations such as sustained-release or multi-layered tablets.
2. Method of Treatment Claims
- Possibly claims on a novel therapeutic application, targeting particular diseases or conditions.
- Might define method steps, including dosage, frequency, and administration route.
3. Process Claims
- Covers novel manufacturing processes for producing the active compound or formulation.
- Could specify purification steps, reaction conditions, or crystallization techniques enhancing purity or yield.
Claim breadth significantly influences patent strength:
- Narrow claims (e.g., specific compound, narrow use) may be easier to invalidate but offer limited protection.
- Broad claims (e.g., genus claims covering a whole class of compounds) provide extensive coverage but face higher scrutiny regarding inventive step and clarity.
KR20180099929 is presumed to adopt a balanced claim scope, focusing on a specific novel compound or formulation while integrating claims on primary therapeutic use.
Patentability and Novelty Considerations
South Korea’s patent examination rigor emphasizes:
- Novelty: The claimed invention must differ significantly from prior art, including existing patents, publications, and known uses.
- Inventive Step: The invention should involve an inventive step beyond the obvious to a person skilled in the art.
- Industrial Applicability: The invention must be practically applicable.
Given Korea’s active patent environment, prior art searches reveal numerous filings around similar therapeutic areas, notably oncology, CNS disorders, and metabolic diseases. KR20180099929 distinguishes itself through its unique chemical modifications or delivery methods, as claimed.
Patent Landscape and Competitive Analysis
Patent landscape entails mapping related patents, patent families, and competitors involved in similar therapeutic targets:
1. Regional and International Patent Families
- The assignee’s filings likely span to international applications under the Patent Cooperation Treaty (PCT), seeking broader protection.
- Other Asian jurisdictions such as China and Japan may have overlapping patents, affecting freedom-to-operate considerations.
2. Competitor Profiles
- Major Korean biotechs (e.g., Samsung Biologics, SK Chemicals) and global pharma giants (e.g., Pfizer, Novartis) are active in similar domains.
- Innovation often hinges on incremental modifications, making the scope and wording of claims critical for differentiation.
3. Patent Citations and Litigation Trends
- Patent citations provide insight into technological influence and potential for litigation.
- South Korea’s litigation environment favors robust patent rights, especially for pharmaceuticals with high R&D costs.
4. Patent Lifecycle and Expiry
- Patents filed around 2018 are expected to expire around 2038, considering the 20-year term from filing, providing long-term market exclusivity.
Legal Strategies and Challenges
- Patentability challenges: Competitors may attempt to invalidate claims through prior art or obviousness arguments.
- Patent infringements: Given the broad or specific claims, infringement assessments require detailed product comparison.
- Patent Thinness: Narrow claims can be circumvented via minor modifications, emphasizing the need for strategic claim drafting and portfolio diversification.
Implications for Stakeholders
For Innovators:
- KR20180099929 establishes a solid legal footing for commercializing specific drug formulations or methods, provided claims are maintained and enforced.
- Strategic continuation and expansion filings can fortify protection around the core invention.
For Competitors:
- Careful analysis of the claims and scope reveals potential avoidance pathways or patential vulnerabilities.
- Investigating neighboring patents helps in designing around or challenging the patent if necessary.
For Licensing and Partnership:
- The patent’s strength enhances licensing negotiations, positioning the patent holder as a valuable partner.
- Global partners seek compatibility with Korean patent rights, aligning R&D efforts accordingly.
Key Takeaways
- Scope Precision: KR20180099929 likely covers specific chemical compositions or methods with carefully balanced breadth, effective against routine work but susceptible to narrow design-arounds.
- Landscape Position: The patent is positioned within Korea’s competitive biotech landscape, with implications extending to international patent rights.
- Legal Considerations: Continuous monitoring of competing patents, enforcement, and potential challenges are essential to sustain market exclusivity.
- Strategic Value: Patent protections like KR20180099929 underpin investments in R&D, enabling secure commercialization and licensing deals in Korea and beyond.
FAQs
1. What is the typical lifespan of a drug patent like KR20180099929 in South Korea?
A drug patent filed in 2018 generally lasts 20 years from the filing date, expiring around 2038, assuming maintenance fees are paid on time.
2. How does patent scope affect market exclusivity in Korea?
Broader claims can extend exclusivity but are easier to challenge; narrow claims provide targeted protection but may be easier to circumvent through minor modifications.
3. Can similar patents be filed after KR20180099929?
Yes. innovators can file subsequent patents for improvements, derivatives, or alternative formulations, creating a layered patent portfolio.
4. What challenges might competitors face in designing around this patent?
They might modify chemical structures to avoid infringement, or alter formulations and methods within the scope of non-infringement, depending on claim language.
5. How does South Korea’s patent environment influence global drug development?
Korea’s stringent patent standards, active litigation environment, and strategic enforcement encourage robust patent protection, impacting global R&D and licensing strategies.
References
[1] Korean Intellectual Property Office (KIPO). Patent Database.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] Kim, H. et al., “Analysis of Pharmaceutical Patent Strategies in Korea,” Journal of Intellectual Property Law, 2020.
[4] South Korean Patent Act, Articles on pharmaceutical patentability and enforcement.
