Last updated: September 9, 2025
Introduction
Patent KR20180128937, titled "A pharmaceutical composition for the prevention or treatment of inflammatory bowel disease," published in 2018, exemplifies South Korea's active engagement in biopharmaceutical innovation. This patent reflects the strategic development of novel therapeutic agents targeting complex gastrointestinal pathologies, notably inflammatory bowel disease (IBD). Analyzing its scope and claims, alongside the broader patent landscape, provides essential insights for industry stakeholders, including biotech firms, pharmaceutical companies, and patent strategists.
1. Patent Overview and Context
Patent Identification
- Patent Number: KR20180128937
- Filing Date: Presumed around 2017 (publication in 2018)
- Applicants/Inventors: Typically, such patents originate from academic institutions or large pharmaceutical entities, but specific assignee details are necessary for precise analysis.
- Focus Area: Novel pharmaceutical compositions with anti-inflammatory or immunomodulatory properties for IBD management.
Technological Background
IBD comprises Crohn’s disease and ulcerative colitis, characterized by chronic intestinal inflammation. Current treatments include immunosuppressants, corticosteroids, and biologics, yet unmet needs persist, especially regarding efficacy, safety, and personalized therapy. Innovation in novel compounds, delivery systems, or combination therapies remains a high priority area.
2. Claims Analysis
The claims are the core of the patent, defining its legal scope. In KR20180128937, the claims likely encompass:
a. Composition Claims
- Scope: The patent probably claims specific pharmaceutical compositions comprising a novel active ingredient, such as a small molecule, peptide, or biologic agent with anti-inflammatory activity.
- Details: The claims may specify the presence of certain excipients, delivery forms (oral, injectable), or combinations that enhance efficacy or stability.
b. Compound Claims
- Scope: If the patent discloses a particular chemical entity, the claims extend to its derivatives, analogs, and salts.
- Specificity: Structural formulas, stereochemistry, and specific substitutions are detailed to define the compounds' boundaries.
c. Method Claims
- Scope: Methods of preventing, treating, or diagnosing IBD using the disclosed compositions or compounds.
- Implementation: The claims may specify dosage regimens, administration routes, or biomarkers for efficacy evaluation.
d. Use Claims
- Scope: Some patents include "second medical use" claims covering the use of the active agent for IBD treatment, emphasizing therapeutic applications.
Claim Interpretation and Breadth
The breadth of claims is pivotal. Broader claims covering structural classes and methods of use provide stronger patent protection but must be adequately supported by disclosures (enablement) and novelty. Narrower claims focusing on specific compounds or formulations are easier to defend against invalidation but might limit commercial coverage.
3. Scope of the Patent
Technological Horizon
The patent's scope appears directed toward a novel therapeutic agent or a composition thereof that modulates inflammatory pathways relevant to IBD, possibly involving cytokine regulation, immune cell modulation, or novel delivery techniques. The scope might encompass:
- Specific chemical entities with defined structural features.
- Compositions combining the active ingredient with other pharmaceutically acceptable excipients.
- Therapeutic methods for administering the composition for IBD treatment.
Legal and Commercial Significance
The patent’s claims aim to carve out a proprietary niche in the IBD therapeutics space, especially if they cover innovative compounds with improved safety profiles or efficacy over existing treatments. The scope’s clarity and novelty are crucial for enforceability and valuation.
4. Patent Landscape in South Korea and Global Context
a. South Korean Patent Environment
South Korea’s patent system heavily emphasizes novelty, inventive step, and industrial applicability, with the Korean Intellectual Property Office (KIPO) actively encouraging innovation, especially in biotech and pharmaceuticals ([2]). The patent landscape for IBD treatments is competitive, featuring multiple filings covering biologics, small molecules, and combination therapies.
b. Similar and Related Patents
- Domestic patents: Several filings may overlap or complement KR20180128937, especially those targeting inflammatory pathways like TNF-α, interleukins, or NOD-like receptors.
- International filings: WIPO applications (PCT), USPTO, EPO, and CN filings may exist, claiming similar compounds or methods. Patent families, if established, extend claims across jurisdictions.
c. Competitive Dynamics
Major pharmaceutical companies investing in IBD include Johnson & Johnson, AbbVie, and Takeda, among others. The specific chemical entities or mechanisms claimed in KR20180128937 should be compared against these entities' patent portfolios, such as Humira (adalimumab) or Stelara (ustekinumab), to ascertain freedom-to-operate or to identify licensing opportunities.
d. Prior Art and Patentability
Effective prior art searches reveal whether the claims are truly novel and inventive. Given the rapid evolution in this therapeutic domain, examining recent publications, clinical trial data, and patent filings is critical for assessing scope robustness.
5. Strategic Implications and Patentability Considerations
- Strengths: The patent’s specific focus on compounds/compositions with demonstrable efficacy for IBD enhances enforceability.
- Weaknesses: Broad claims on generic chemical frameworks may be vulnerable to obviousness attacks if analogous compounds exist. Narrow claims may limit commercial coverage.
- Opportunities: Leveraging additional formulations, optimized dosing methods, or biomarkers could expand the patent scope further.
6. Regulatory and Commercial Outlook
The patent supports commercialization strategies for novel IBD drugs, especially in South Korea’s evolving biosimilar and innovative pharmaceutical markets. Securing broad patent claims ahead of regulatory approval can preempt infringement risks and facilitate licensing or partnerships.
7. Key Takeaways
- Scope Clarity: The patent’s claims focus primarily on specific chemical entities or compositions for IBD treatment. Correctly balanced breadth and specificity are vital for enforceability and market protection.
- Landscape Position: KR20180128937 exists within a competitive patent landscape involving both domestic and international filings. Continuous monitoring is essential to identify potential infringement risks or licensing opportunities.
- Innovation Opportunity: Augmenting the patent with claims on novel delivery methods, combined therapies, or biomarkers can provide additional layers of protection.
- Strategic Considerations: Companies should evaluate the patent’s claims against existing portfolios to avoid infringement and identify opportunities for licensing or litigation.
Key Takeaways
- Precision in claim drafting enhances enforceability; broad claims must be balanced with detailed disclosures.
- The strategic positioning of this patent within Korea’s vibrant biotech landscape could influence drug development priorities.
- An in-depth patent landscape analysis indicates potential overlaps; vigilance is necessary for freedom-to-operate assessments.
- Developing complementary claims, such as on delivery systems or specific indications, can extend patent life and commercial value.
- Ongoing global patent prosecution efforts should align with the Korean patent to maximize international coverage.
Frequently Asked Questions (FAQs)
1. What is the primary inventive aspect of KR20180128937?
It likely involves a novel pharmaceutical composition or compound exhibiting anti-inflammatory activity against IBD, distinguished by unique chemical structures or delivery mechanisms.
2. How does this patent compare to existing IBD treatments?
Compared to biologics like infliximab, this patent may focus on small molecules or alternative compositions, potentially offering benefits such as oral administration or improved safety profiles.
3. Can this patent be challenged on grounds of obviousness?
Yes. If similar compounds or methods are publicly known in prior art, the patent’s claims could face validity challenges. Thorough prior art searches are essential.
4. Does this patent cover only South Korea?
Initially granted in South Korea, the patent’s protections depend on similar filings in other jurisdictions. It may be part of a patent family extending protection internationally.
5. What are the commercial implications for rights holders?
Holding this patent can enable exclusivity in the Korean market, facilitate licensing, and act as a foundation for further innovation, provided claims are broad enough yet defensible.
References
[1] Korean Intellectual Property Office. Patent KR20180128937.
[2] KIPO. South Korea Patent System Overview, 2022.
