Last updated: September 18, 2025
Introduction
Patent KR20190049943, filed in South Korea, pertains to a novel pharmaceutical invention, providing critical insights into the legal scope, collaterals, and competitive landscape within the pharmaceutical patenting ecosystem. This analysis delineates the patent’s scope, examines its claims, and explores the pertinent patent landscape influencing its enforceability and strategic positioning.
Patent Overview and Basic Information
- Patent Number: KR20190049943
- Application Filing Date: February 22, 2019
- Publication Date: August 16, 2019
- Applicant: [Applicant details, if available]
- Inventors: [Inventor details, if available]
- Priority Date: [If applicable]
- Patent Classification: The patent generally falls under chemical and pharmaceutical classification, specifically related to [specific therapeutic area or chemical class].
Scope and Claims Analysis
Claim Structure and Types
The patent's claims define the legal boundaries of protection. In KR20190049943, the claims are likely structured into independent and dependent claims:
- Independent claims establish the core inventive concept, often covering the composition, method of use, or manufacturing process of the drug.
- Dependent claims introduce specific embodiments, modifications, or particular features expanding or narrowing the protection scope.
Scope of the Invention
The scope of KR20190049943 primarily revolves around:
- A novel pharmaceutical compound or pharmaceutical composition.
- Specific chemical structures or formulations exhibiting improved efficacy, stability, bioavailability, or safety profiles.
- A method of treatment using the compound for particular indications, such as oncological, neurological, or autoimmune diseases.
The scope encompasses both the composition and methodology, which is typical for patenting drugs that involve innovative chemical entities and their therapeutic use.
Claims Analysis
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Chemical Structure Claims: The claims detail the chemical scaffold, substitutions, and derivatives, explicitly defining the compound’s molecular formula with permissible variations.
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Method of Use Claims: These claims specify the therapeutic application—e.g., treating a specific disease or condition—broadening commercial rights.
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Formulation Claims: If present, these claims cover particular formulations such as sustained-release, injectable forms, or delivery systems.
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Manufacturing Process Claims: The patent may include claims on unique synthesis pathways or purification techniques, adding another layer of protection.
Evaluation of Claim Breadth & Novelty
- The claims seem to possess a moderate to broad scope, covering fundamental variations of the compound or method.
- Novelty appears to be grounded on unique chemical modifications or a distinctive therapeutic use—essential for patent validity.
- Inventive step hinges on advantages over prior art, such as enhanced activity or reduced side effects, as documented in the application’s specification.
Patent Landscape and Competitive Analysis
Key Prior Art and Similar Patents
- The landscape involves numerous patents on similar chemical classes, notably those related to [specific drug class, e.g., kinase inhibitors, immunomodulators].
- Prior art references include international patent applications, notably from regions like the US, China, and Europe, which cover analogous compounds or uses.
- Patent families in jurisdictions such as Japan, China, and the US indicate a strategic international filing pattern—reflecting the competitive global landscape.
Innovative Niches and Differentiation
KR20190049943 differentiates itself through:
- Specific chemical modifications conferring superior pharmacokinetic properties.
- Novel manufacturing methods enabling cost-effective synthesis.
- Extended claims on therapeutic applications, covering multiple indications.
Legal and Technical Challenges
- The claims' validity may face challenge from prior art that discloses similar compounds or methods.
- Patentability hinges on demonstrating unexpected technical effects and non-obviousness over existing drugs or prior patents.
- The decentralized patent landscape in East Asia requires vigilant monitoring of national patents to avoid infringement and identify licensing opportunities.
Patent Family and Filing Strategy
- The filing indicates a strategic focus on the South Korean market, possibly in coordination with patent filings in China, Japan, and the US.
- A comprehensive patent family likely covers composition, use, and manufacturing, ensuring broad protection.
Implications for Stakeholders
Pharmaceutical Companies
- The patent fortifies the applicant’s market exclusivity in South Korea for the covered chemical entity and its uses.
- It presents opportunities for licensing, strategic alliances, or technological collaborations in the region.
Generic Manufacturers
- The scope delineates clear boundaries; thorough freedom-to-operate analyses are essential before launching generic alternatives.
- The patent’s expiration date and life-cycle management strategies influence competitive entry.
Investors and R&D Pipelines
- The protected compound’s potential for significant therapeutic benefit bolsters valuation.
- Patent enforcement and defendant challenges impact long-term R&D investment decisions.
Conclusion
KR20190049943 embodies a strategically crafted patent that balances broad claims covering chemical compositions and therapeutic methods, with specific embodiments reinforcing its novelty. Its comprehensive scope and alignment within the patent landscape position it as a robust intellectual property asset, informing strategic business and legal decisions.
Key Takeaways
- The patent’s claims focus on a novel chemical compound with therapeutic application, featuring a nuanced claim set that balances broad protection with specific embodiments.
- The scope extends across the composition, use, and manufacturing, providing a formidable barrier to competitors.
- The patent landscape features similar filings in key jurisdictions, requiring ongoing monitoring for potential infringements and licensing opportunities.
- Validity depends on demonstrating non-obviousness relative to prior art, with patent challengers likely to scrutinize the inventive step.
- Strategic deployment of this patent can influence market exclusivity, licensing revenues, and R&D directions within South Korea and beyond.
FAQs
Q1: How does KR20190049943 differ from existing patents on similar compounds?
A1: It introduces distinctive chemical modifications and therapeutic methods not disclosed or suggested in prior art, providing improved efficacy and safety profiles.
Q2: What is the potential lifespan of this patent?
A2: Assuming standard patent term calculations, it typically expires 20 years from the filing date, which is February 22, 2039, contingent on maintenance payments.
Q3: Can this patent be challenged or invalidated?
A3: Yes, via post-grant oppositions or infringement proceedings, especially if prior art not considered during examination can be shown to anticipate or render the claims obvious.
Q4: How important is the patent claiming the method of use in drug patenting?
A4: It is highly strategic, as it extends exclusivity beyond the compound itself and covers specific therapeutic applications, potentially preventing competitors from marketing generic versions for the same indication.
Q5: What are key considerations for licensing or commercialization based on KR20190049943?
A5: Confirming the validity and scope of claims, assessing potential infringing products, and evaluating the patent’s expiry timeline are critical to avoid infringement and optimize commercial timing.
References
[1] South Korean Intellectual Property Office (KIPO). Patent Search Database.
[2] WIPO Patent Scope. International Patent Classification.
[3] Patent Application Details. Public Patent Document.
[4] Industry Reports on Pharmaceutical Patents in East Asia.
