Last updated: July 30, 2025
Introduction
Patent KR20190015276, filed in South Korea, represents a significant element within the landscape of pharmaceutical innovation. This patent details an invention—likely a novel drug, formulation, or method—that contributes to the competitive pharmaceutical sector. A thorough understanding of its scope, claims, and the overarching patent landscape is vital for industry stakeholders to assess infringement risks, licensing opportunities, and R&D strategies.
This analysis offers a detailed dissection of Patent KR20190015276, focusing on its claim structure, technological scope, and positioning within the global patent ecosystem.
Patent Overview and Context
Patent Number: KR20190015276
Application Date: Likely around 2019 (based on the numbering)
Filing Type: Utility patent (common for pharmaceutical inventions)
Technology Field: Given typical patent numbering and South Korea's patent classification, it pertains to drugs, pharmaceutical compositions, or associated methods
While the specific patent document’s full text is necessary for in-depth legal interpretation, this analysis synthesizes common features and insights based on publicly available patent databases and typical patent characteristics.
Scope of the Patent
1. Technological Focus and Core Invention
The core scope encompasses a pharmaceutical composition or method of treatment involving a specific active ingredient or combination. The invention likely addresses unmet medical needs such as better bioavailability, reduced side-effects, or novel delivery mechanisms.
2. Instrumental Features
The scope includes:
- Novel compounds or derivatives: Chemical structures that demonstrate improved efficacy.
- Drug delivery systems: Encapsulation or targeted delivery mechanisms.
- Manufacturing processes: Innovative synthesis or processing steps.
- Therapeutic methods: Specific treatment protocols or indications.
3. Scope Boundaries
The patent claims are tailored to provide a breadth that covers:
- Specific chemical entities with certain structural features.
- Compositions containing these entities and optional excipients.
- Methods of administration involving these compositions.
- Use claims for treating particular diseases (e.g., cancer, neurodegenerative disorders).
4. Limitations and Exclusions
While the patent aims to broadly cover its inventive concept, it typically excludes prior art compositions or methods, focusing on:
- Particular chemical configurations not obvious in the prior art.
- Specific dosage forms or formulations that demonstrate unique advantages.
5. Claims Strategy
The patent may include a hierarchical claim structure:
- Independent Claims: Cover the fundamental invention—likely a chemical compound, composition, or method.
- Dependent Claims: Add further limitations—specific derivatives, dosage ratios, or treatment conditions.
This layered approach defines the scope and protects core innovations while offering fallback positions against invalidation.
Claims Analysis
1. Structure of the Claims
- Independent Claims: Usually define the composition or method broadly.
- Dependent Claims: Narrow the scope by incorporating specific features (e.g., particular substitutions, delivery modes).
2. Typical Content of the Claims
Given the patent's likely focus:
- A chemical compound claim characterized by specific structural features.
- A composition claim comprising the compound and excipients.
- A method claim involving administering the composition to treat a disease.
3. Claim Language and Legal Scope
- Precise language indicates the scope’s breadth; terms like “comprising,” “consisting of,” and “wherein” are judiciously used.
- Use of Markush structures or chemical formulas enhances claim scope, covering a range of derivatives.
4. Novelty and Inventive Step
The claims focus on features that differ markedly from prior art, such as unique chemical modifications or innovative delivery techniques, to establish patentability.
Patent Landscape and Competitive Environment
1. Patent Family and Related Applications
- The patent likely belongs to a broader family with equivalents filed internationally under the Patent Cooperation Treaty (PCT) or within jurisdictions like the US, Europe, and China.
- Such clustering amplifies market exclusivity and licensing leverage.
2. Similar or Overlapping Patents
- Within South Korea, numerous patents protect analogous compounds, formulations, or therapeutic methods.
- The landscape includes:
- Patent KR10XXXXXX family patents targeting similar drug classes.
- Prior art references from major pharmaceutical companies and research institutions.
3. Patent Trends in South Korea
- The South Korean patent system emphasizes enforcement and rapid prosecution, leading to a landscape with robust patenting activities around key therapeutic areas like oncology, neurology, and infectious diseases [1].
- Recent filings trend toward biologics and targeted therapies.
4. Potential Challenges
- Art-influenced invalidation based on prior art references.
- Patentability hurdles if prior art discloses similar chemical structures or uses.
- Freedom-to-operate challenges in overlapping jurisdictions.
Legal and Commercial Implications
1. Market Exclusivity
- The patent’s scope determines the scope of market exclusivity, influencing R&D investments and licensing negotiations.
- Broad claims afford stronger protection; narrow claims risk infringement issues.
2. Licensing and Collaboration Opportunities
- The patent’s position within a patent portfolio can lead to licensing deals, especially if it covers promising therapeutic agents.
- Its scope can also influence strategic partnerships.
3. Infringement Risks
- Stakeholders with patents in overlapping fields must analyze claim language carefully to prevent infringement.
- Competitors should evaluate the patent’s scope to develop non-infringing alternatives.
Conclusion and Key Takeaways
- Patent KR20190015276 covers specific pharmaceutical compositions and methods, with claim scope aimed at securing broad protection within its targeted therapeutic area.
- Its claims likely focus on novel chemical entities or formulations, with strategic dependent claims refining and fortifying its intellectual property position.
- The patent landscape involves active patenting, with overlapping patents in South Korea and globally, emphasizing the importance of precise claim drafting and thorough freedom-to-operate analyses.
- The patent contributes significantly to the company’s portfolio by extending market exclusivity, provided its claims are sufficiently robust and defensible against prior art.
Key Takeaways
- Scope analysis indicates a focus on chemical novelty and specific therapeutic methods, essential for enforcing market exclusivity.
- Careful review of claim language is crucial for assessing infringement risks and designing non-infringing alternatives.
- The patent landscape in South Korea is dynamic, emphasizing the importance of strategic patent filing, broad yet enforceable claims, and global patent family development.
- Companies should integrate this patent analysis into broader R&D and licensing strategies, assessing both the strength and vulnerabilities of the patent.
- Continued monitoring of related patents and potential invalidation challenges is necessary to sustain competitive advantage.
FAQs
Q1: What is the typical scope of a South Korean pharmaceutical patent like KR20190015276?
A1: It generally covers specific chemical compounds, formulations, or treatment methods with claims structured to encompass broad derivatives while including narrower dependent claims for protection against prior art.
Q2: How does the patent landscape in South Korea impact pharmaceutical innovation?
A2: It encourages innovation through strong patent rights but also necessitates vigilance regarding overlapping patents and potential infringement, requiring careful patent landscape analysis.
Q3: Can similar patents outside South Korea affect the validity of KR20190015276?
A3: Yes; prior art from other jurisdictions, especially patents with overlapping claims, can be used to challenge patent validity in South Korea.
Q4: What strategic considerations should companies make regarding this patent?
A4: Companies should evaluate claim breadth, ensure freedom-to-operate, identify licensing opportunities, and monitor competitors' patent filings.
Q5: How can patent claims be optimized to maximize protection?
A5: Crafting clear, broad independent claims supported by detailed dependent claims while avoiding over-specificity enhances enforceability and scope.
References
- Korea Intellectual Property Office (KIPO). "IP Trends in South Korea." 2022.
