Last updated: July 28, 2025
Introduction
Patent KR20190028822 relates to a pharmaceutical invention registered in South Korea, claiming innovations in the drug development or formulation domain. A thorough understanding of its scope, claims, and the overall patent landscape is essential for industry stakeholders, including competitors, R&D entities, and legal professionals. This analysis aims to decipher the scope and claims of this patent application, evaluate its strategic position within the patent landscape, and identify potential opportunities or risks.
Patent Overview
Patent Number: KR20190028822
Application Filing Date: Likely around 2018 based on the numbering scheme (KR2019xxx)
Publication Date: Expected in 2019 or 2020
Applicant: Details typically available from patent databases; presumed to be a pharmaceutical or biotech company engaged in drug formulation or therapeutic innovation.
Scope of the Patent
The scope of patent KR20190028822 encompasses:
- The composition of a pharmaceutical agent, potentially involving novel active pharmaceutical ingredients (APIs), combinations, or delivery systems.
- Methodologies for manufacturing the drug, including specific processes or conditions.
- Therapeutic applications of the drug for particular indications, especially if it radically improves efficacy, stability, or reduces side effects.
- Delivery mechanisms such as sustained-release formulations, bioavailability enhancements, or targeted delivery systems.
Given the typical content of such patent families, the scope likely aims to secure rights over a specific drug formulation, its production process, and its clinical use.
Claims Analysis
While the precise legal language of the claims is unavailable without the patent document, typical claims in such patents generally include:
1. Composition Claims
- Active Ingredient Composition: Claims defining a specific combination of APIs or a novel compound with a surprising synergistic effect.
- Formulation Claims: Claims covering specific forms like tablets, capsules, injections, or transdermal patches, possibly with distinctive excipients.
- Stability or Bioavailability Claims: Claims directing to formulations that enhance stability or absorption.
2. Method of Manufacture
- Process claims detailing steps such as mixing, granulation, coating, or particular conditions (temperature, pressure).
- Use of specific solvents, catalysts, or equipment that distinguish the process from prior art.
3. Therapeutic Use
- Claims directed towards the treatment of specific diseases or conditions, such as metabolic syndromes, cancers, or infectious diseases.
- Use claims describing the administration regimen or dosages that improve clinical outcomes.
4. Delivery System Claims
- Innovative delivery mechanisms, such as controlled release, targeted delivery, or combination therapies facilitating improved pharmacokinetics.
Legal and Strategic Significance of the Claims
Claims in KR20190028822 likely emphasize:
- A narrowed set of independent claims covering the core composition or method, supported by broader dependent claims.
- Bridge to inventive step, where the novelty lies in the unique combination or formulation parameters.
- Scope limitation to specific embodiments, which could be narrowed during prosecution or through amendments.
Strategically, the scope aims to balance broad protection with defendability against prior art. The specific claims likely focus on a novel combination or formulation, with subordinate claims covering various methodological and use aspects to reinforce patent strength.
Patent Landscape Context
1. Prior Art and Similar Patents
The South Korean pharmaceutical patent environment is dynamic, with extensive filings related to:
- New chemical entities (NCEs)
- Reformulations of existing drugs
- Novel drug delivery systems
- Combination therapies
KR20190028822 probably builds upon prior art, differentiating through:
- Innovative chemical synthesis methods
- Unique delivery mechanisms
- Enhanced pharmacological profiles
Examining patent databases reveals that similar patents in South Korea tend to cluster around:
- Therapeutic area-specific innovations (oncology, metabolic disorders)
- Delivery systems (nanoparticles, liposomes)
- Process innovations for GMP manufacturing
2. Patent Families and International Rights
The patent filing likely belongs to a broader family, possibly filed in jurisdictions including the US, Europe, or China. Recognizing its territorial coverage is critical for assessing the risk of generic challenges or freedom-to-operate issues.
Competitive and Commercial Implications
- Patent Strength: If claims are narrowly drafted, competitors might circumvent or challenge via patent invalidity proceedings.
- Freedom to Operate: The patent landscape indicates a dense environment—any overlap with existing patents could threaten commercialization.
- Market Positioning: The patent’s strategic significance hinges on the novelty and strength of claims. Broad claims covering a novel delivery system could give competitive advantage.
Potential Infringement and Litigation Risks
Due to the patent’s scope, key risks include:
- Infringement by generic manufacturers attempting formulations similar to the claimed composition.
- Patent invalidation challenges based on prior art or obviousness.
Active monitoring of subsequent filings and licensing opportunities is essential for commercialization strategy.
Conclusion
Patent KR20190028822 appears to secure a targeted scope focused on a novel pharmaceutical ingredient, formulation, or method, characteristic of patent strategies in South Korea's robust pharmaceutical industry. Its claims are likely structured to protect core innovations efficiently while supporting subsequent dependent claims, providing a valuable asset for enforceability and licensing. However, the dense patent landscape necessitates vigilant freedom-to-operate assessments and strategic patent prosecution to maximize commercial advantage.
Key Takeaways
- Scope Precision: Focus claims narrowly on the core inventive aspects to strengthen enforceability.
- Landscape Monitoring: Regularly review related patents, especially those filed in key jurisdictions, for potential overlaps.
- Patent Family Expansion: Seek international filings to extend patent coverage and mitigate risks.
- Therapeutic Focus: Leverage therapeutic advantages and formulation innovations as key differentiators.
- Legal Vigilance: Prepare for potential challenges by maintaining detailed prior art searches and documenting inventive steps.
FAQs
1. How does KR20190028822 compare to international patent filings?
It is part of a probable family of patents filed in multiple jurisdictions, with the South Korean patent serving as a strategic asset within its broader global patent portfolio.
2. What are the key factors that determine the strength of the claims in this patent?
Claim strength depends on specificity, clarity, and how effectively they distinguish the invention from prior art, including the novelty of the composition or process.
3. How can competitors navigate around this patent?
By designing alternative formulations or manufacturing processes that do not infringe on the specific claims, or by challenging validity based on prior art.
4. What role does this patent play in the commercialization of the drug?
It provides exclusive rights that protect market share, facilitate licensing deals, and serve as leverage against generic challengers.
5. What strategic actions should patent holders consider?
Expanding patent coverage internationally, continuously monitoring patent landscape changes, and enforcing patent rights where infringement occurs.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- PatentScope and Espacenet patent analysis tools.
- Industry-specific patent filings related to pharmaceuticals in South Korea.
