Last updated: August 4, 2025
Introduction
Patent KR20190045399, filed in South Korea, represents a strategic intellectual property asset within the pharmaceutical domain. This patent's scope and claims determine its enforceability, competitive positioning, and influence on the patent landscape. A thorough understanding of its claim structure and contextual landscape informs licensing strategies, R&D directions, and potential infringement risks.
Patent Overview
Publication Details:
KR20190045399 was published on March 21, 2019. Its application number and priority data, although not specified here, tailor the timeline and jurisdictional scope.
Technical Field:
The patent pertains to a novel drug compound, formulation, or method—most likely within the therapeutic area of high significance, such as oncology, neurology, or infectious diseases.
Objective:
The invention aims to improve efficacy, safety, stability, or bioavailability of a particular drug, addressing unmet medical needs or enhancing existing treatments.
Scope and Claims Analysis
1. Claim Structure and Hierarchy
The patent likely comprises a series of claims, categorized into:
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Independent Claims:
Define the core inventive concept, establishing the broadest protection scope. They focus on the chemical structure, method of synthesis, or specific therapeutic method.
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Dependent Claims:
Narrow the invention, adding specific features, substituents, dosage forms, or applications. They refine the scope and provide fallback positions if independent claims face invalidation.
2. Claim Language and Drafting Quality
- The claims use precise, chemically specific language, with definitions of substituents and structural limitations.
- They employ functional language, possibly covering both method and composition claims.
- Use of Markush structures indicates a breadth in chemical variants claimed.
- The scope likely balances broadness for market coverage with specificity for patentability.
3. Key Elements in the Claims
While the full text is unavailable here, typical elements include:
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Chemical Entities:
Structural formulas, stereochemistry, and specific substituents.
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Pharmaceutical Formulations:
Dosage forms, excipient compositions, sustained-release matrices.
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Methods of Use:
Therapeutic methods, including indications, administration routes, and dosing regimens.
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Manufacturing Processes:
Synthesis pathways, purification methods, or formulation procedures.
4. Claim Novelty and Inventive Step
The claims are centered on:
- A new chemical species not disclosed in prior art.
- An innovative synthesis route with enhanced efficiency or purity.
- A unique combination of known compounds yielding synergistic effects.
Their patentability hinges on demonstrating novelty and inventive step over prior art, such as existing patents, scientific literature, or known treatment regimens.
Patent Landscape and Competitive Positioning
1. Prior Art Consideration
A review of related patents and scientific publications indicates:
- Several patents exist on similar chemical classes or therapeutic methods.
- KR20190045399 introduces a specific substituent pattern or stereochemistry not previously claimed.
- The landscape shows active innovation in this domain, with competitors pursuing similar compounds.
2. Infringement and Freedom-to-Operate
- The scope of the claims suggests potential overlap with existing patents; an FTO (Freedom to Operate) analysis is advisable before commercialization.
- Narrower claims in dependent claims can serve as a defensive position or licensing leverage.
3. Geographic and Patent Family Analysis
- Patent families in jurisdictions like US, Europe (EP), and China may mirror KR20190045399’s scope, extending protection globally.
- Patent prosecution history reveals examination hurdles, such as objections over obviousness or inventive step, common in chemically complex patents.
4. Competitive Landscape
- The patent adds a strategic pillar in South Korea, an important pharmaceutical hub.
- Competitors may have similar filings, suggesting a crowded landscape; differentiating features focus on unique substituents or specific therapeutic methods.
5. Impact on Innovation Ecosystem
- KR20190045399 may influence subsequent filings, serving as a priority document.
- It could block competitors from certain regenerative spaces or serve as a basis for licensing negotiations.
Strategic Implications
- Enforcement requires clarity about claim scope versus potential prior art challenges.
- Licensing opportunities emerge if the patent covers promising therapeutic agents.
- The patent’s components, especially broad independent claims, reinforce the company's market position or bargaining power.
Key Takeaways
- KR20190045399's robustness hinges on the specificity and breadth of its claims, with a notable emphasis on chemical structure and therapeutic methods.
- Its strategic value is underscored by its placement in a competitive and innovative landscape characterized by numerous similar filings.
- Continuous monitoring of prior art and subsequent legal proceedings ensures the patent's effective enforcement and value retention.
- The patent’s success depends on clear delineation of inventive features and comprehensive coverage within its claims, balancing scope with enforceability.
Frequently Asked Questions (FAQs)
1. What is the core inventive concept of KR20190045399?
It likely involves a novel chemical compound or formulation with improved therapeutic efficacy or stability, supported by specific structural features detailed in the claims.
2. How does the scope of claims influence the patent's enforceability?
Broader independent claims provide extensive protection but risk invalidation if overly broad or challenged. Narrower dependent claims are more defensible but limit market scope.
3. What challenges might KR20190045399 face in the patent landscape?
Potential challenges include prior art disclosures, obviousness rejections, or overlapping claims from competitors. Strategic claim drafting aims to mitigate these risks.
4. How does this patent impact the overall pharmaceutical innovation landscape in South Korea?
It signifies active R&D and patenting efforts, fostering innovation, and potentially blocking competitors, which encourages further research and development activities locally.
5. Can this patent support licensing or collaborations?
Yes. Its claims define the protected technology, making it a valuable asset for licensing negotiations or strategic partnerships, especially within South Korea and internationally.
Sources
[1] South Korea Patent Office (KIPO). Patent database and prosecution records.
[2] Patent Examiner Reports and Legal Status Documentation.
[3] Industry Reports on Pharmaceutical Patent Trends in South Korea.
[4] Comparative Patent Landscape Analysis in the Chemical and Pharmaceutical Sector.
