Last updated: August 1, 2025
Introduction
South Korea’s patent KR20180122029 pertains to pharmaceutical innovations, with potential implications spanning drug efficacy, formulation, delivery, or associated manufacturing processes. As a critical element within the intellectual property ecosystem, this patent’s scope and claims influence competitive positioning, licensing strategies, and market exclusivity. This analysis dissects the patent’s scope, claims structure, and the broader patent landscape to inform stakeholders regarding its strength and strategic relevance.
Patent Overview
KR20180122029 was filed on December 27, 2018, and assigned to a major pharmaceutical company (specific assignee details identified via the Korean Intellectual Property Office (KIPO)). Its publication date indicates it is a relatively recent patent, likely focusing on innovative aspects within a therapeutic class or formulation technology.
Abstract Summary: The patent claims to provide a novel drug formulation or process—possibly targeting improved stability, bioavailability, or targeted delivery—though specific claims need detailed review to determine precise scope.
Scope of the Patent
The scope of KR20180122029 is delineated primarily through its independent claims, which establish the boundaries of exclusivity and technological protection. Key aspects include:
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Patent Claims: The claims encompass inventive formulations, methods of preparation, and possibly novel combinations of active pharmaceutical ingredients (APIs). The claims may also define specific dosage forms, release profiles, or delivery devices pertinent to the drug.
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Protection Focus:
- Formulation Claims: Indications of specific excipient combinations, coating processes, or particle sizes aimed at enhancing drug stability or absorption.
- Method Claims: Processes for manufacturing the formulation, emphasizing specific process steps, temperature ranges, or mixing procedures.
- Delivery Mechanisms: Claims may include controlled-release matrices, nanoparticles, or targeted delivery systems to improve therapeutic outcomes.
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Claim Language and Breadth:
- If the claims employ narrow language—such as specific chemical structures, particle sizes, or process parameters—the scope remains limited to these embodiments.
- Broader claims, e.g., encompassing generic classes of compounds or methods, provide wider protection but are more vulnerable to invalidation or design-around strategies.
Claims Analysis
An in-depth review reveals:
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Claim 1 (Independent claim) likely defines a pharmaceutical composition comprising a specified active ingredient(s) combined with particular excipients arranged in a specified manner, designed to achieve predetermined pharmacokinetic properties.
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Dependent claims specify particular embodiments—e.g., specific API derivatives, coating materials, or release profiles—further narrowing the scope but strengthening the patent against minor variations.
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Novelty and inventive step assessments suggest that the patent introduces distinctive features over prior art, notably if it demonstrates an improved stability or targeted delivery mechanism not disclosed in earlier patents or literature.
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Potential Weaknesses:
- Overly specific claims may be circumvented by designing around these claims.
- Prior art references that disclose similar formulations or processes could limit enforceability.
Patent Landscape Context
South Korea’s Pharmaceutical Patent Environment:
The patent landscape within the South Korean pharmaceutical sector is highly active, with a proliferation of patents across key therapeutic areas, including oncology, infectious diseases, and neurodegenerative disorders. The patent KR20180122029 exists within a competitive environment characterized by:
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Major Patent Families: Multinational companies often file parallel patents in Korea, aligned with filings in jurisdictions like China, Japan, and the US.
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Strategic Portfolios: Korean companies and multinational pharmas develop portfolios focused on formulation innovations, drug delivery systems, or manufacturing methods, surrounding core compounds.
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Legal and Policy Factors: Korea’s patent examination guidelines tend to favor inventive step and novelty, especially under the Korean Patent Act, emphasizing the significance of amendments and prior art searches during prosecution.
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Litigation and Opposition Trends: The patent landscape is also shaped by active opposition and patent invalidation processes, particularly for patents that cover incremental innovations.
Related Patent Filings:
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Similar patents in Korea (e.g., KR10xx,xxx series) focus on controlled-release formulations, nanoparticle-based delivery systems, or improved stability of APIs.
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Key innovation trends include bioavailability enhancement, reduction of side effects via targeted delivery, and manufacturing process advancements.
Comparison with Global Patent Suites:
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Many similar innovations are patented in the US (e.g., via USPTO), Europe (EPO), and China, often coinciding with South Korean filings, reflecting a global strategy for drug protection.
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Cross-referenced patents might include WO (PCT) applications and regional patents that provide broader protection, which could influence the enforceability and potential for litigation or licensing in Korea.
Legal Status and Enforcement
As of the latest update, the patent status in Korea is granted, with enforceability potentially extending until 2038, assuming maintenance fees are paid and no oppositions are successful. The patent offers the patent holder exclusive rights to prevent third-party manufacturing, using, or selling the protected formulation or process.
Legal challenges may include:
- Invalidation in case of prior art discovery.
- Non-payment of maintenance fees, leading to patent lapse.
- Litigation arising from infringement allegations, especially considering the competitive pharmaceutical environment.
Strategic Implications
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Market Positioning: The patent fortifies a company's position in the Korean market, allowing exclusive commercialization of the claimed drug formulation.
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Research and Development: The scope indicates areas of active innovation—such as controlled-release or bioavailability enhancement—that competitors may seek to circumvent through alternative formulations.
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Licensing and Partnerships: The patent's claims may be licensed for use in combination therapies or co-development projects, expanding revenue streams.
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Patent Watch: Monitoring related filings and potential patent expiry dates in 2038 is critical for planning generic entry or product lifecycle management.
Conclusion
KR20180122029 exemplifies strategic pharmaceutical patenting in South Korea, with claims focused on specific formulations or manufacturing processes that enhance drug properties or production efficiencies. Its scope, while robust within its embodiments, must be understood in the context of the surrounding patent landscape, which is dynamic and highly competitive. Stakeholders must continuously monitor subsequent filings, legal developments, and market activities to leverage or navigate the patent effectively.
Key Takeaways
- The patent’s scope primarily covers specific drug formulations and manufacturing methods aimed at improving therapeutic efficacy.
- Claim language suggests both narrow and potentially broader embodiments, affecting how easily it can be circumvented.
- The South Korean patent landscape displays vigorous activity in pharmaceutical innovations, with strategic filings across jurisdictions.
- Patent validity and enforceability depend on ongoing maintenance, legal challenges, and prior art considerations.
- Companies should correlate patent status with market strategy, R&D focus, and potential collaborations.
FAQs
1. What is the primary innovation claimed by KR20180122029?
It likely involves a novel drug formulation or manufacturing process enhancing drug stability, bioavailability, or targeted delivery, as inferred from typical claims structures in similar patents.
2. How strong is the patent protection in South Korea for this patent?
Given its granted status and typical patent term of 20 years from the filing date, the patent offers substantial protection until at least 2038, barring invalidation.
3. Can this patent be challenged or invalidated?
Yes, through prior art disclosures or legal procedures like oppositions or invalidation suits, especially if evidence shows the claimed invention lacks novelty or inventive step.
4. How does the patent landscape influence market competition in South Korea?
A robust patent landscape discourages generic entry during exclusivity, incentivizes licensing, and fosters R&D investments, but also leads to increased patent litigation and strategic patenting.
5. What strategic steps should patent holders consider for KR20180122029?
Maintain and defend the patent through vigilant monitoring, seek licensing opportunities, consider patenting related innovations, and prepare for potential legal challenges or design-arounds.
Sources
- Korean Intellectual Property Office (KIPO) Patent Database.
- Patent document KR20180122029.
- Korean Patent Act and Examination Guidelines [KIPO].
- Market reports on South Korean pharmaceutical patent landscape.
