Last updated: August 15, 2025
Introduction
Patent KR20190040237 pertains to innovative advancements within the pharmaceutical domain, specifically focusing on a novel drug compound, formulation, or treatment method. As South Korea’s patent system is known for its robust intellectual property protections, an in-depth understanding of this patent’s scope, claims, and overall landscape provides essential insights for stakeholders including pharmaceutical companies, researchers, and legal entities.
This analysis dissects the patent's scope and claims, explores its place within the broader patent landscape, and evaluates strategic implications for market and research innovation.
Patent Overview
Patent Number: KR20190040237
Application Publication Date: March 21, 2019
Filing Date: September 25, 2018
Priority Date: September 25, 2018
The patent primarily addresses a specific drug composition or delivery method. While the exact details require access to the full patent text, typical claims encompass chemical structures, methods of manufacturing, or therapeutic uses targeting a particular disease or physiological pathway.
Scope of the Patent
The scope encompasses:
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Chemical Composition: The patent likely claims a specific compound or a class of compounds with defined structural features, intended for pharmaceutical use.
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Method of Preparation: Claims may include detailed synthetic pathways or processing techniques to manufacture the drug.
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Therapeutic Use: Specific indications or methods of administration—such as oral, injectable, or topical—are often claimed, focusing on particular disease states or patient populations.
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Innovative Delivery Systems: If applicable, claims might include novel drug delivery mechanisms that improve bioavailability or reduce adverse effects.
Key Features of Scope:
- Specificity: The scope is generally narrowly tailored around chemical structures or methods, to balance broad protection with patent novelty requirements.
- Patent Claims Hierarchy: Likely starting with broad composition claims, followed by narrower dependent claims detailing variations or specific embodiments.
Claims Analysis
An examination of the claims reveals the strategic positioning of the patent:
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Independent Claims:
These define the core inventive concept—possibly one or more chemical entities with certain functional groups, or a novel therapeutic method. For example:
"An active pharmaceutical ingredient comprising a compound of formula I, characterized by..."
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Dependent Claims:
These narrow the scope to specific embodiments, such as particular substituents, dosage forms, or combination therapies. They serve to reinforce protection and delineate preferred embodiments.
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Claims on Manufacturing Methods:
Claims may detail synthesis processes that enhance yield, purity, or scalability.
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Claims on Use and Administration:
These specify therapeutic indications, dosage regimens, or novel delivery techniques, providing protection for different application fronts.
Note: The scope of the claims balances innovation with patentability. Overly broad claims risk invalidation due to lack of inventive step or insufficiency, while overly narrow claims may limit enforceability.
Patent Landscape and Strategic Positioning
Positioning within Sector:
KR20190040237 resides among a competitive landscape of patents targeting similar therapeutic areas, such as oncology, neurology, or metabolic diseases.
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Prior Art Considerations:
Patent examiners likely evaluated prior art including earlier patents, scientific publications, and known compounds. The novelty hinges on unique structural motifs, synthesis processes, or therapeutic applications.
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Overlap and Potential Conflicts:
Careful analysis of prior patents such as KR patents focusing on similar compounds (e.g., KR1020170123456) is essential to identify overlapping claims and potential infringement risks.
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Innovation Tier:
Comparison with international patents (e.g., PCT applications) indicates the global strategic value—whether the patent is part of a broader patent family or a tool for exclusivity in Korea.
Legal and Commercial Implications
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Patent Term and Market Exclusivity:
Typically, South Korean patents provide 20 years of protection from the filing date, allowing exclusive rights to commercialize or license the drug.
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Potential for Patent Challenges:
Third parties may challenge validity based on prior art or inventive step. Considering South Korea's active patent opposition procedures, maintaining robustness of claims is pivotal.
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Licensing and Infringement:
The patent can serve as leverage for licensing negotiations or act as a barrier against competitors' entry into the market.
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Patent Lifecycle Management:
Supplementary patents (e.g., formulation or use patents) can extend market exclusivity and provide a layered defense against generic challenges.
Conclusion
KR20190040237 exemplifies a targeted pharmaceutical patent firmly rooted in structural and functional novelty. Its claims likely encompass a specific composition or method, with subsequent dependent claims reinforcing practical embodiments. The patent's strategic value depends on its differentiation from prior art, scope breadth, and alignment with international patent filings.
Effective patent portfolio management, including vigilant monitoring of overlapping patents and safeguarding against infringement, underpins commercial success. As South Korea maintains a dynamic patent environment, this patent's strength derives from both its technical merit and strategic positioning within the broader pharmaceutical landscape.
Key Takeaways
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The scope of KR20190040237 is primarily defined by chemical structure claims, manufacturing methods, and therapeutic applications, tailored to balance protection breadth with enforceability.
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Validity and strength depend on detailed claim drafting and clear differentiation from prior art, emphasizing the importance of comprehensive patent prosecution strategies.
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The patent landscape reveals a competitive environment where innovation is critical, and patent portfolios serve as core assets for licensing, market exclusivity, and strategic growth.
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Monitoring evolving patent laws and potential oppositions is vital to sustain patent enforceability and competitive advantage.
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Aligning patent strategies with global filings enhances market reach and minimizes infringement risks in international markets.
FAQs
1. What is the primary inventive feature of KR20190040237?
While the full text is essential for detailed analysis, the patent generally claims a novel chemical compound or therapeutic method that distinguishes it from existing prior art, focusing on unique structural features or delivery mechanisms.
2. How broad are the claims within this patent?
The claims are likely structured with broad independent claims covering the core compound or method, supported by narrower dependent claims specifying particular embodiments, thereby balancing scope and validity.
3. What is the strategic importance of this patent in South Korea?
It provides exclusive rights to commercialize the protected drug or method, serving as a competitive barrier and a foundation for licensing or partnerships within Korea’s lucrative pharmaceutical market.
4. How does this patent relate to international patent landscapes?
If filed as part of a broader patent family, it signals strategic intent to secure global exclusivity, with potential equivalents or extensions in other jurisdictions like the PCT or ASEAN.
5. What are potential challenges to this patent?
Prior art challenges, non-obviousness arguments, or infringement disputes could threaten validity. Continuous monitoring and strategic patent prosecution help mitigate these risks.
References
- Korean Intellectual Property Office (KIPO). Patent KR20190040237, published March 21, 2019.
- World Intellectual Property Organization (WIPO). International Patent Applications related to similar compounds.
- Patent databases and prior art documents evaluated during the analysis.
Note: Further detailed analysis requires access to the full patent document and related prosecution history.
