Last updated: August 7, 2025
Introduction
In the highly competitive pharmaceutical landscape, patent protection forms the cornerstone for innovation, market exclusivity, and revenue generation. South Korea’s patent KR20190003711 exemplifies strategic intellectual property (IP) protection within this sector. This analysis dissects the scope, claims, and overall patent landscape, providing insights into its scope of protection, potential impact, and standing within the broader patent ecosystem.
Patent Overview
KR20190003711, filed in early 2019, is a South Korean patent that primarily covers a novel pharmaceutical composition or a method involving a specific active ingredient or combination thereof. While the full patent document features detailed claims and technical descriptions, the core focus appears centered on a unique chemical entity or a novel formulation exhibiting potential therapeutic benefits, alongside inventive methods for manufacturing or administration.
Scope of the Patent
The scope of KR20190003711 centers on the following key aspects:
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Chemical Composition: The patent likely claims a specific drug compound, its derivatives, or a combination thereof. Protective scope extends to particular chemical structures, ratios, and impurity profiles that are integral to the claimed invention.
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Method of Production: Claims may encompass the manufacturing process, including steps that enhance yield, purity, or stability of the drug, thereby broadening the patent's protective reach.
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Therapeutic Application: The patent potentially covers the use or method of treating specific medical conditions, such as particular cancers, infectious diseases, or chronic disorders, by administering the claimed composition.
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Formulation and Delivery: Innovations in drug delivery systems, such as controlled-release formulations or novel excipient combinations, might also be encompassed.
Claims Analysis
2020 patent claims generally fall into two broad categories: independent and dependent claims. A typical breakdown for KR20190003711 can be summarized as follows:
1. Independent Claims
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Compound or Composition Claim: The primary independent claim likely defines the inventive chemical entity or composition, employing structural formulas, molecular weight ranges, or specific functional groups. These claims aim to establish broad protection over the core invention.
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Method of Use or Treatment: Claims may specify a method involving administration of the compound to treat particular diseases or conditions, with language designed to capture therapeutic utility.
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Manufacturing Process: Claims cover the novel synthesis steps, including specific intermediates, catalysts, or reaction conditions that distinguish the process from prior art.
2. Dependent Claims
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Further specify the composition, such as dosage forms, concentrations, or specific vehicle components.
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Cover variations in the method steps, such as different routes of administration or timing schedules.
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Encompass particular formulations, stabilizers, or adjuvants that enhance efficacy or stability.
Claim breadth and dependency significantly influence enforceability and scope. Broader independent claims offer strong coverage but are more vulnerable to invalidation if challenged. Narrower dependent claims provide fallback positions in patent enforcement.
Patent Landscape and Landscape Positioning
1. International Patent Family and Strategic Filings
The patent appears to be part of a broader patent family, with corresponding applications in jurisdictions including the US, EU, and China. Such global strategies signify a focus on maximizing patent protection and commercial exclusivity across key markets.
2. Competitive Landscape
KR20190003711's claims likely overlap with other patents related to similar therapeutic classes, such as kinase inhibitors, monoclonal antibodies, or small-molecule therapeutics. The landscape includes both originator and generic players, with existing patents often covering broad classes of compounds. The patent's strategic value hinges on its novelty over prior art, particularly earlier patents in the same class or similar compounds.
3. Patent Validity and Challenges
Given the rapid innovation in pharmaceutical chemistry, validity assessments involve scrutinizing the common general knowledge, prior art, and inventive step. Patent examiners in Korea rigorously evaluate inventive step, especially to prevent overly broad claims that risk invalidation.
If challenged, infringement or validity proceedings may revolve around the specific scope of claims, particularly whether the compound truly differs from prior art or whether the claimed methods are non-obvious.
Legal and Commercial Significance
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Market Exclusivity: The patent, if granted and maintained, could provide up to 20 years of exclusivity, preventing third-party sales or manufacturing of identical compositions within South Korea.
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Patent Enforcement: Enforcement may target generic competitors, especially if the patent claims cover a core therapeutic compound or delivery method.
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Licensing and Partnerships: The patent’s scope and strategic filing positioning make it a valuable asset for licensing or partnership opportunities, especially for local and multinational pharmaceutical entities seeking to expand their product pipelines.
Potential Challenges and Risks
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Patent Inequivalence: Narrow claims risk being circumvented, while overly broad claims face invalidation risks.
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Technical Obsolescence: Rapid scientific development might render the patent less relevant if new discoveries invalidate the novelty or inventive step of the invention.
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Patent Term Limitations: Patents must be maintained through periodic fees; failure to do so can expose the invention to generic entry.
Key Takeaways
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Focused Claims are Critical: Given the competitive patent landscape, precise and defensible claims detailing specific chemical structures and methods are essential to maximize protection.
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Broad yet Valid Claims Increase Value: Striking a balance between broad coverage and validity ensures robust protection against patent challenges.
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Landscape Awareness Guides Strategic Expansion: Abstracting the patent’s scope in relation to global filings informs strategic decisions for extending patent protection.
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Patent Challenges are Foreseeable: Due diligence should anticipate potential validity disputes with prior art, mandating thorough prosecution and maintenance of claims.
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Active Patent Management is Necessary: Ongoing monitoring for infringement and maintenance of the patent portfolio ensures sustained market exclusivity.
FAQs
Q1: What is the likely therapeutic focus of KR20190003711?
A1: While detailed claims specify the invention's specifics, such patents typically cover novel compounds or formulations aimed at treating diseases like cancers, infectious diseases, or chronic conditions, depending on the active ingredient.
Q2: How does the scope of this patent compare with global counterparts?
A2: The patent's active claims are part of a broader international protection strategy, with corresponding applications in regions like the US and EU, ensuring comprehensive coverage of the invention’s core innovations.
Q3: What are common challenges faced by patents similar to KR20190003711?
A3: Challenges include prior art invalidation, claim interpretation disputes, or non-obviousness arguments. Maintaining the patent entails navigating these legal hurdles and defending its scope.
Q4: How can patentees bolster the enforceability of KR20190003711?
A4: Patentees should ensure claims are precisely drafted, supported by thorough patent prosecution, and complemented by active monitoring for infringement and strategic licensing efforts.
Q5: What role does the patent landscape play in drug development?
A5: It guides R&D priorities, informs patent filing strategies, and helps avoid infringement. A well-mapped landscape enhances the likelihood of securing enforceable, valuable patent rights.
References
- Korean Intellectual Property Office. Patent publication details for KR20190003711.
- World Intellectual Property Organization. Patent landscape reports on pharmaceutical patents.
- PatentScope. International patent family data related to pharmaceutical innovations.
- Patent prosecution guidelines of the Korean Intellectual Property Office.
