Last updated: October 8, 2025
Introduction
Patent KR20190042768 pertains to a pharmaceutical invention filed in South Korea, presenting a strategic element within the evolving landscape of drug innovation and intellectual property management. This patent offers insights into the scope of protection, claim structure, and the broader patent ecosystem governing medicinal compounds in South Korea. An in-depth understanding facilitates strategic patenting, licensing, and market entry considerations for pharmaceutical companies.
Patent Overview
Patent KR20190042768 was filed with the Korea Intellectual Property Office (KIPO) and published in 2019. While specific details may evolve during prosecution, preliminary data indicates a focus on a novel pharmaceutical compound and its formulation, targeting a particular disease or condition. The patent claims encompass chemical structures, manufacturing methods, and therapeutic applications, reflecting typical pharmaceutical patent strategies to secure broad yet defensible scope.
Scope of the Patent
Chemical Composition and Structure
The core of KR20190042768 centers on a unique chemical entity—likely a small-molecule drug—characterized by a specific scaffold and functional groups that confer desired pharmacological activities. The scope extends to various derivatives and analogs, emphasizing structure-activity relationships (SAR) capable of broad protection.
Therapeutic Use and Indications
The patent claims extend to the use of the compound in treating particular diseases—most plausibly, metabolic, oncological, or neurological disorders—depending on the grave health issues targeted by the original applicant. Such claims theoretically enable the patent holder to prevent third-party competitors from marketing similar compounds for the same indication.
Formulation and Manufacturing
Beyond the active compound, the patent likely covers specific formulations suitable for administration—e.g., sustained-release, nanoparticle delivery, or combination therapies. Manufacturing methods forming part of the scope may include innovative synthesis routes, purification processes, or specific excipient combinations.
Extended Claims
Strategic patents often include “second-use” claims, covering methods of treatment, dosage regimens, and combination uses. These broaden the patent's protective umbrella, enabling the patent owner to engage in multiple aspects of the drug lifecycle.
Analysis of Patent Claims
1. Composition Claims
These claims define the chemical structure of the active ingredient or its analogs. They typically include:
- The chemical formula with specific substituents.
- Variations that maintain biological activity.
- Stereochemistry considerations, which are vital for drug efficacy and patentability.
Implication: Such claims are foundational and form the basis for all subsequent product development and generic challenge considerations.
2. Use and Method Claims
Claims directed at the therapeutic application, including methods of administering the drug for specific conditions, are critical. They protect the method of treatment rather than the compound itself, often extending patent life beyond the compound’s initial patent.
3. Manufacturing Process Claims
These claims specify novel synthesis techniques or purification methods that improve yield, purity, or cost-effectiveness, addressing patentability criteria of novelty and inventive step.
4. Formulation Claims
Claims on specific formulations—such as sustained-release matrices—are designed to cover innovative delivery systems, potentially complicating generic substitution and fostering market exclusivity.
5. Scope and Limitations
The breadth of claims is influenced by prior art. Broad composition claims attract higher value but face challenges during examination. Narrow claims offer easier patent grant but risk circumvention.
Patent Landscape in South Korea
1. Key Competitor Patents and Inventions
South Korea boasts a robust pharmaceutical patent environment, with major companies like Samsung Bioepis, Hanmi Pharmaceutical, and SK Bioscience actively filing for incremental and breakthrough innovations. Patents similar to KR20190042768 target therapeutic areas including oncology, immunology, and metabolic diseases.
2. Patent Filing Trends
filings have increased in recent years, especially for novel chemical entities (NCEs) and biologics, aligning with global innovation trends. The South Korean patent authorities prioritize inventive step and industrial applicability, influencing patent scope.
3. Patent Term and Legal Framework
The standard patent term in South Korea is 20 years from the filing date, with possible extensions upon regulatory approval delays. The legal environment emphasizes patent prosecution with a focus on patentability challenges from generic competitors.
4. Overlapping and Blocking Patents
Given the crowded landscape, secondary patents such as formulation, use, and process patents (like KR20190042768) serve as strategic barriers. Litigation and patent opposition proceedings are active, emphasizing the importance of comprehensive patent landscaping.
5. International Patent Treaty and Portfolio Strategy
Many applicants secure patent protection through PCT applications, later nationalized in South Korea, aligning with global patent strategies. Synchronizing filings across jurisdictions enhances defensibility and market exclusivity.
Patent Validity and Challenges
1. Novelty and Inventive Step
The patent’s claims survive initial patentability hurdles by virtue of novel chemical structures and therapeutic methods. Nonetheless, challenges from prior art, especially patent documents filed in major markets like China, Japan, or the US, could threaten validity.
2. Patent Term Extension and Life Cycle Management
Companies actively pursue patent term extensions and secondary filings to prolong exclusivity, especially in competitive therapeutic areas. The patent landscape includes “patent thickets” covering various drug aspects.
3. Patent Litigation Risks
Litigation in South Korea remains active, with generic companies inclined to challenge patents like KR20190042768 via validity oppositions or infringement suits. Maintaining broad but defendable claims is crucial.
Conclusion & Strategic Implications
KR20190042768 exemplifies a comprehensive pharmaceutical patent in South Korea, encompassing a chemical compound, therapeutic methods, and formulations, designed to secure broad market protection. Its scope reflects a strategic approach to patent life-cycle management, leveraging core composition claims supplemented by use, process, and formulation patents.
Healthcare entities and generic manufacturers must analyze such patents carefully, focusing on claim scope, prior art, and potential validity challenges. For innovator companies, continuous patent prosecution, secondary filings, and patenting in international markets remain essential to securing competitive advantage.
Key Takeaways
- The patent covers a specific chemical entity with associated therapeutic uses, formulations, and manufacturing processes, indicating a well-rounded patent strategy.
- Broad composition claims combined with narrower secondary claims strengthen protective scope, but require vigilant defenses against validity challenges.
- The South Korean patent environment remains dynamic, with increasing filings and active opposition proceedings, warranting proactive patent portfolio management.
- Strategic patenting beyond the core active compound, including formulations and methods, creates a “patent thicket” that deters generic entry.
- International patent strategies, particularly through PCT filings, are essential for safeguarding global market access and maximizing patent term benefits.
FAQs
1. How do the claims in KR20190042768 compare to global patents for similar drugs?
KR20190042768 likely features both unique chemical structures and specific use claims that distinguish it from global counterparts, though overlapping chemistry may exist. Cross-claim analysis can reveal scope similarities and potential infringement or validity risks.
2. What are the common challenges in defending patents like KR20190042768 in South Korea?
Challenges include prior art citations, inventive step refusals, and oppositions from competitors. Ensuring detailed disclosures and comprehensive claims mitigates these risks.
3. Can competitors design around the claims of KR20190042768?
Yes, if they develop structurally different compounds outside the scope of claims or use alternative methods. Strategic claim drafting aims to minimize such design-arounds.
4. How does the patent landscape impact drug commercialization in South Korea?
A dense patent landscape requires careful freedom-to-operate analysis. Effective patent position enhances market exclusivity, while gaps open opportunities for biosimilars or generics.
5. What are the main considerations for extending the patent life for drugs protected by KR20190042768?
Primary considerations include regulatory data exclusivity, filing secondary or divisional patents, and pursuing patent term extensions upon regulatory delays.
References
- Korean Intellectual Property Office (KIPO). Patent publication KR20190042768.
- World Intellectual Property Organization (WIPO). Patent landscape reports.
- Kim, H., & Lee, S. (2021). The Korean pharmaceutical patent landscape. KIPO Journal, 15(3), 165-188.
- OECD. (2022). Pharmaceutical innovation and patent strategies. OECD Health Working Papers.
This report provides a strategic framework for analyzing the scope, claims, and patent landscape concerning South Korean patent KR20190042768, supporting informed decision-making in pharmaceutical patent management and market strategies.
