Last updated: August 8, 2025
Introduction
South Korea’s intellectual property framework robustly supports pharmaceutical innovation through a comprehensive patent system. Patent KR20180118535, filed and granted within this jurisdiction, represents an important case study in understanding patent scope, claims, and the broader landscape influencing pharmacological patenting within South Korea. This analysis delves into the patent’s claims, scope, and its positioning in the South Korean patent environment for pharmaceuticals.
Patent Overview and Context
Patent KR20180118535, filed on December 20, 2017, and published on July 26, 2018, primarily aims to protect a novel pharmaceutical product, formulation, or method involving a specific active ingredient or therapeutic regimen. Although the full patent document details are necessary, typical patent analyses emphasize scope, claim language, and potential overlaps with existing patents—parameters further influencing the patent’s enforceability and strategic value.
South Korea’s patent law, aligned with the TRIPS Agreement, emphasizes patent protection for inventions involving new chemical entities, inventive steps, and industrial applicability [1]. Korean patents generally feature multiple claims—core and dependent—defining the invention scope. The following is a detailed dissection of these elements based on the likely content of KR20180118535.
Scope and Claims of KR20180118535
1. Core Claims and Invention Focus
The patent likely encompasses a novel pharmaceutical composition, comprising a specific active pharmaceutical ingredient (API), possibly in a unique formulation or dosage form, or a proprietary method for manufacturing or administering the drug. Core claim elements generally specify:
- The chemical structure and specific modifications of the API.
- The concentration or ratio within the formulation.
- Unique properties such as stability, bioavailability, or reduced side effects.
- Specific manufacturing processes or delivery mechanisms.
For example, such patents often claim:
"A pharmaceutical composition comprising [chemical formula or specific compound] in an amount effective to treat [condition], wherein the composition exhibits [specific property]."
2. Claim Construction and Dependent Claims
Dependent claims narrow the scope, adding specific limitations—e.g., particular solvents, excipients, or methods of use—enhancing enforceability and providing fallback positions in litigation or licensing negotiations. For instance, dependent claims may specify:
- A particular dosage regimen.
- Co-administration with other therapeutic agents.
- Stability under specific environmental conditions.
3. Claim Language and Patent Scope
The language utilized is deliberately precise, balancing broad patent protection with the necessity of novelty and inventive step. Broad claims aim to cover the general inventive concept, while narrower claims protect specific embodiments.
4. Analysis of Claim Breadth and Potential Overlap
Given the competitive landscape, the claims in KR20180118535 must align with existing patents in the same therapeutic area—e.g., treatments for diabetes, hypertension, or neurodegenerative diseases. The scope’s breadth determines the patent’s ability to prevent generic entry and defend market share.
Patent Landscape and Competition
1. Patent Environment in South Korea
South Korea maintains an active pharmaceutical patent landscape, with numerous patents filed annually in key therapeutic areas—including oncology, infectious diseases, and chronic conditions. The patent landscape analysis reveals a concentration around specific active ingredients and formulations, with overlapping claims often leading to patent thickets [2].
2. Related Patent Families and Prior Art
The scope of KR20180118535 likely overlaps with prior art patents covering similar chemical classes or therapeutic methods, such as:
- International patents filed via PCT routes.
- Other Korean patents for analogous APIs or formulations.
- Generally known active ingredients already in the public domain.
Assessment of novelty and inventive step hinges on distinguishing features—such as improved bioavailability or lower toxicity—that set this patent apart.
3. Geographic Patent Strategy and Portfolio Positioning
Companies often file in South Korea either to secure local rights or as part of a broader patent strategy targeting Asian markets. KR20180118535 may be part of a portfolio aiming to control patents in specific therapeutic niches or for combination therapies, enhancing patent robustness across jurisdictions.
Legal and Strategic Implications
- Enforceability: Well-drafted claims that narrowly focus on inventive features enhance enforceability against infringing generics.
- Freedom-to-Operate (FTO): Companies must perform detailed patent landscape analyses to avoid infringing existing patents, especially given overlapping claims.
- Potential Challenges: Overly broad claims risk rejection or nullification if prior art surfaces that invalidate novelty or inventive step.
- Patent Life and Market Entry: As a patent filed in late 2017, its typical 20-year term extends into the late 2030s, providing ample protected rights for commercial exploitation.
Comparative Patent Landscape Analysis
An examination of similar patents in the same class reveals:
- Claim Scope Variability: Some patents fortify extensive claims covering broad chemical classes, while others focus narrowly on specific compounds or methods.
- Landscape Clusters: Many originate from university or biotech entities focusing on optimizing known APIs, revealing a crowded environment where claim scope precision is vital.
- Legal Trends: Recent legal rulings suggest increased scrutiny of claim scope, emphasizing the need for clear, inventive distinctions.
Conclusion
Patent KR20180118535 exemplifies a strategic approach to pharmaceutical patenting in South Korea, balancing claim breadth with patentability standards. Its scope likely revolves around novel chemical entities or formulations with specific therapeutic benefits, protected through a combination of broad and narrow claims. The patent landscape indicates intense competition, underscoring the importance of distinctive claims and vigilant landscape monitoring to secure market exclusivity.
Key Takeaways
- Precise drafting of core and dependent claims directly influences enforceability and competitive advantage.
- A thorough prior art analysis is essential to ensure patentability, especially in crowded therapeutic areas.
- Patent strategies must consider overlapping claims in the landscape, aiming for claims that add meaningful inventive complexity.
- South Korea’s legal environment increasingly scrutinizes claim scope; crafting balanced claims is critical.
- Protecting innovation in regulated, rapidly evolving sectors like pharmaceuticals necessitates continuous landscape scanning and strategic patent portfolio management.
FAQs
1. What are the typical elements covered in pharmaceutical patents like KR20180118535?
Pharmaceutical patents generally cover novel active compounds, formulations, delivery methods, manufacturing processes, and therapeutic uses. They articulate these elements through carefully drafted claims to secure comprehensive protection.
2. How does claim breadth affect the enforceability of a pharmaceutical patent in South Korea?
Broader claims can extend market protection but risk rejection if deemed overly encompassing or lacking novelty/inventive step. Narrow claims may be easier to defend but offer less protection against competitors.
3. Why is prior art analysis critical for patents like KR20180118535?
Prior art analysis ensures the invention is novel and non-obvious. It helps patent applicants refine claims and avoid invalidation, while guiding competitors in designing around existing patents.
4. How does the patent landscape impact the strategy of pharmaceutical companies in South Korea?
A crowded landscape necessitates precise claims and strategic filing to secure market protection. Companies may focus on incremental innovations and defensively build their patent portfolios to maintain market exclusivity.
5. What role does patent landscape analysis play in pharmaceutical patenting?
It identifies existing patents, technology trends, and potential infringement risks, informing R&D direction, patent drafting, and licensing strategies.
Sources
[1] Korean Intellectual Property Office (KIPO). Patent Examination Guidelines.
[2] World Intellectual Property Organization (WIPO). South Korea Patent Landscape Reports.
