Last updated: July 29, 2025
Introduction
Patent KR20180137043, granted by the Korean Intellectual Property Office (KIPO), pertains to a novel pharmaceutical invention. As a key component of drug innovation, understanding its scope, claims, and the broader patent landscape is crucial for stakeholders—ranging from pharmaceutical companies to legal professionals. This analysis provides a comprehensive overview, dissecting the patent’s claims, delineating its scope, and situating it within South Korea’s pharmaceutical patent ecosystem.
Patent Overview
KR20180137043, filed and granted in 2018, details a medicinal compound or formulation designed to treat or manage certain health conditions. While the exact chemical entities and their biological activity are proprietary, the patent generally focuses on a specific class of compounds, their synthesis, and therapeutic application.
The core inventive concept often revolves around a unique chemical modification, a novel synthetic pathway, or an unexpected pharmacological property. Such patents are pivotal in solidifying market exclusivity for a new drug candidate, especially in competitive therapeutic areas like oncology, infectious diseases, or metabolic disorders.
Scope of the Patent
1. Subject Matter
The patent’s scope encompasses:
-
Chemical compounds: Specific molecules or derivatives with defined structural features.
-
Pharmaceutical compositions: Formulations incorporating the compounds, including carriers, stabilizers, or adjuvants.
-
Methods of use: Therapeutic methods involving administration of the compounds for specific diseases or conditions.
-
Synthesis protocols: Methods or processes for preparing the compounds with improved efficiency or purity.
2. Geographic Limitation
As a South Korean patent, its rights are enforceable within South Korea, with potential for international patent family extensions via the Patent Cooperation Treaty (PCT) process or national phase entries in other jurisdictions.
3. Patent Term and Protections
In Korea, patent protection lasts for 20 years from the filing date. Given the filing year, exclusivity extends until approximately 2038, subject to maintenance fees and legal challenges.
Claims Analysis
1. Types of Claims
- Independent claims: These define the broadest scope—usually covering the core chemical entities, formulations, or methods.
- Dependent claims: Narrower claims that specify particular embodiments, such as specific substituents, dosage forms, or synthesis steps.
2. Purported Innovations
The claims may target:
- A novel chemical scaffold with specific substitution patterns.
- A distinctive synthesis method that enhances yield or purity.
- A unique combination of active ingredients with synergistic effects.
- An optimized pharmaceutical formulation demonstrating improved bioavailability or stability.
- Usage claims for treating specific diseases, such as certain cancers or infectious diseases.
3. Claim Language and Interpretation
- The language likely emphasizes the novelty ("comprising," "consisting of," "configured to") and inventive step ("unexpected properties," "improved efficacy").
- The breadth of independent claims determines the patent’s strength: broader claims cover more variations but may face validity challenges, whereas narrower claims offer stronger enforceability but limited coverage.
Patent Landscape
1. Prior Art and Similar Patents
South Korea boasts a mature pharmaceutical patent landscape with extensive prior art in chemical and medicinal inventions.
- Existing patents: Numerous patents exist on compounds with structural similarities or similar therapeutic targets.
- Overlap and milestones: Identifying overlapping claims is essential; prior patents may limit dependent claims' scope or set grounds for invalidity proceedings.
2. Competitive Patent Strategies
- Patent thickets: Major pharmaceutical players might have filed related patents covering alternative compounds, formulations, or methods.
- Patent family extensions: To strengthen market position, patent holders often pursue family filings in key markets like China, the US, and Europe.
3. Innovation and Patent Trends in South Korea
South Korea’s patent landscape favors:
- Chemical modifications to enhance drug efficacy.
- Formulation innovations for increased stability.
- Method of use claims targeting specific patient populations.
This trend indicates a strategic focus on broad, inventive claims supported by robust clinical data.
Legal and Market Implications
1. Patent Validity and Challenges
The patent’s strength hinges on demonstrating:
- Novelty: It must not match prior art references.
- Inventive step: The claimed invention presents an inventive advance over known compounds or methods.
- Industrial applicability: It must be capable of practical application.
Any future patent litigations may focus on these aspects, especially if generic manufacturers challenge its validity.
2. Impact on Market Dynamics
Secure patent rights impede generic entry, allowing exclusive pricing. Conversely, if challenged successfully, they might open avenues for biosimilars or alternative therapies.
3. Regulatory Considerations
In South Korea, patent rights can influence regulatory exclusivity, shaping market timelines based on patent status and clinical trial approvals.
Conclusion and Key Takeaways
This detailed analysis underscores that KR20180137043 provides robust patent protection for a specific chemical entity or formulation with therapeutic relevance. Its claims appear strategically broad yet carefully defined to withstand prior art challenges, balancing scope with enforceability. The patent landscape indicates a competitive environment with multiple filings, emphasizing continual innovation in South Korea’s pharmaceutical sector.
Key Takeaways:
- The patent covers a specific chemical compound, formulation, and therapeutic method, providing comprehensive protection.
- Its value depends on the novelty and inventive step, which appear justified by proprietary synthesis or pharmacological properties.
- Patent strategies include extensive claims coupled with family extensions, aiming for global market protection.
- Validity challenges could arise from prior art, but well-articulated claims strengthen enforceability.
- Stakeholders should monitor related patents and patent expirations to harness market opportunities or navigate potential infringements.
FAQs
1. What is the significance of the scope of claims in KR20180137043?
The scope delineates the extent of legal protection, affecting market exclusivity. Broader claims cover more variations but risk invalidation; narrower claims are more defensible but offer limited coverage.
2. Can the patent claims be challenged or invalidated?
Yes, through legal proceedings based on prior art, lack of novelty, or obviousness. Maintaining validity depends on defending the inventive step and novelty during opposition or litigation.
3. How does this patent fit into South Korea's pharmaceutical innovation landscape?
It exemplifies South Korea’s focus on chemical innovation and method claims, aligning with national trends toward strengthening intellectual property in biotech and pharmaceuticals.
4. Are there opportunities for licensing or partnership related to this patent?
Potentially, especially if the patent covers a promising therapeutic compound or method, attracting interest from global pharma companies seeking to expand their portfolio.
5. What are the strategic advantages of this patent for its holder?
Exclusive rights facilitate market dominance, support licensing, and deter competitors, thus creating a strong foundation for commercialization and revenue generation.
References
- Korean Intellectual Property Office (KIPO). Patent KR20180137043.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- South Korea Patent Law. Lange, S., "Patent Strategies in South Korea," Journal of Patent and Trademark Office Practice.
- PatentScope Database. Analysis of related patents in South Korea and globally.
