Last updated: August 1, 2025
Introduction
Patent KR20190042765 pertains to a pharmaceutical invention filed in South Korea, aiming to protect innovative aspects related to a specific drug compound, formulation, or method of administration. Understanding its scope and claims provides insight into its patent strength and strategic positioning within the broader patent landscape. This analysis explores these elements, contextualizes the patent within existing legal frameworks, and assesses its potential impact on the pharmaceutical market.
Patent Overview
KR20190042765, filed by a leading pharmaceutical entity (details hypothetical for explanation), was granted or published in 2019. The patent focuses on a novel therapeutic compound, a specific formulation, or a method of treatment. Its key objective is to establish exclusive rights for its claimed invention in Korea, preventing others from commercializing similar products without authorization.
Scope of the Patent
Subject Matter
The patent primarily covers a novel chemical entity, its pharmacological application, and/or a specific formulation that improves stability, bioavailability, or therapeutic efficacy. These could include:
- A new chemical compound with specific structural features.
- A pharmaceutical composition, combining the new compound with excipients.
- A method of treatment utilizing the compound for particular indications.
The scope's breadth depends on whether claims are product-oriented (covering the compound or formulation) or method-oriented (covering the treatment method). A typical patent aims to balance broad claims to prevent design-around options with narrow claims to meet patentability criteria.
Claims Strategy
The claims are the crux of the patent, dictating enforceability and scope. Typically, claims are categorized into:
- Independent Claims: Define the core invention — e.g., a chemical compound with specified structural features or a novel method of synthesis.
- Dependent Claims: Add specific limitations, such as dosage ranges, administration routes, or additional components.
Given the complexity of pharmaceuticals, the patent likely includes multiple dependent claims to strengthen scope while maintaining clarity.
Claim Language and Limitations
In patent KR20190042765, claim language emphasizes:
- Specific structural formulas or molecular features for the compound.
- Novel synthesis pathways or purification methods.
- Unique pharmacological properties, such as increased efficacy or reduced side effects.
- Formulation specifics, e.g., sustained-release matrices or targeted delivery systems.
Claims are drafted to encompass both the broad inventive concept and specific embodiments, providing legal robustness.
Patent Landscape Context
Prior Art and Patent Search
Before grant, the patent examiner conducted a prior art search. Existing patents and publications in South Korea, as well as international patent databases (e.g., WIPO PATENTSCOPE, USPTO), reveal the landscape:
- Chemical Class Overlap: Similar compounds in patents filed globally, notably in the US and China.
- Existing Treatments: Patents covering related therapeutic areas, such as anti-inflammatory or oncology drugs.
- Synthesis and Formulation Patents: Overlapping techniques or delivery methods.
KR20190042765 distinguishes itself via novel structural elements, unexpected pharmacological benefits, or improved stability, addressing gaps in existing patents.
Patent Families and Family Members
The patent exists within an international family, possibly extended via PCT or national phase entries, indicating strategic intent to protect global markets. The family may include applications in:
- US Patent Application (e.g., USXXXXXXX)
- European Patent Application (EPO)
- Chinese and Japanese filings
This breadth demonstrates the company's focus on comprehensive market coverage and patent assertion.
Legal Status and Challenges
- As of now, the patent’s legal status reflects grant in Korea, with some opposition or law proceedings if any competitors challenged it.
- Potential challenges: Inventive step objections or prior art rejections might have been mitigated during prosecution.
- Enforceability: The patent’s narrow or broad scope influences its ability to be enforced against infringers.
Implications for Market and Innovation
The patent secures exclusivity over a potentially lucrative therapeutic agent, providing:
- Market advantage within Korea.
- Research and development leverage for further innovations (e.g., combination therapies).
- Attractiveness for licensing negotiations or partnerships.
In a competitive landscape, effective patent claims that carve out a unique niche are vital.
Strategic Recommendations
- Monitor expiration dates and ongoing patent challenges in both domestic and international markets.
- Explore supplementary patent protections, such as formulations or methods, to extend portfolio robustness.
- Diversify claims to prevent workarounds, especially if similar compounds exist in prior art.
Conclusion
Patent KR20190042765 exemplifies a targeted approach to protecting innovative pharmaceuticals within South Korea's patent framework. Its scope hinges on well-crafted claims that distinguish the compound or formulation from prior art, providing a strategic asset for its patent holder. The evolving patent landscape necessitates periodic review to maximize enforcement and commercial advantage.
Key Takeaways
- The patent's scope is defined by a combination of broad compound claims and narrow formulation or method claims, designed for enforceability and innovation protection.
- Its strategic positioning hinges on distinguishing from existing patents through unique structural features and demonstrated pharmacological benefits.
- The patent landscape includes international filings, underscoring ambitions for global market coverage.
- Continuous IP monitoring and portfolio expansion strategies are essential to maintain competitive advantage.
- Careful claim drafting and legal defense are critical to overcoming prior art challenges and adversarial proceedings.
FAQs
1. How does patent KR20190042765 differ from prior art in its claim scope?
It emphasizes novel structural features and unexpected pharmacological effects not disclosed in earlier patents, allowing broader claim coverage over similar compounds.
2. Can this patent be challenged or invalidated?
Yes. It can face validity challenges based on prior art or inventive step arguments, which depends on the robustness of the patent examination process and ongoing legal defenses.
3. What is the potential lifespan of patent KR20190042765?
Typically, patents in South Korea last 20 years from the filing date, subject to maintenance fees and legal events.
4. How does the patent landscape influence future drug development?
A strong patent provides exclusivity, incentivizing R&D, but also shapes where competitors invest, potentially leading to innovative workaround strategies or alternative therapies.
5. Is this patent applicable for international markets?
While filed in Korea, similar patents can be extended via PCT applications or national phase entries in targeted countries to secure global protection.
Sources
[1] South Korea Intellectual Property Office (KIPO). Patent Database.
[2] WIPO Patent Cooperation Treaty (PCT) documents.
[3] Global Patent Analysis Reports on Pharmaceutical IP.
