Last updated: July 27, 2025
Introduction
Patent KR20190053975 pertains to a pharmaceutical innovation filed in South Korea, aiming to secure exclusive rights to specific methods, compositions, or formulations within a particular therapeutic domain. As the pharmaceutical patent landscape becomes increasingly competitive and complex, understanding the scope, claims, and broader patent environment surrounding KR20190053975 is crucial for stakeholders—be it generic manufacturers, research entities, or patent strategists.
This analysis delineates the scope and claims of the patent in detail, contextualizes it within the current patent landscape in South Korea, and evaluates potential implications for industry stakeholders.
Patent Overview
KR20190053975 was published on March 28, 2019, likely filed earlier in the same year or preceding years, given South Korea's patent publication protocols. The application's priority and filing details are housed in the Korean Intellectual Property Office (KIPO) database. While the specific field of invention requires further extraction from the claims and description, the legal and strategic significance hinges on the delineation of its scope.
Scope of the Patent
Scope refers to the extent of the legal protection conferred by the patent. For KR20190053975, this involves:
- The technical field: Typically enunciated in the background section; in pharmaceutical patents, this often pertains to compositions, delivery methods, or specific therapeutic uses.
- Core inventive concept: The innovative advance over prior art, which is primarily captured in the claims.
Based on the patent's claims and description (as inferred from available summaries and documents), the scope likely includes:
- A novel therapeutic compound or a pharmacologically active formulation.
- Methods of manufacturing or administering the pharmaceutical composition.
- Use of the composition for treating specific medical conditions.
Claim breadth directly influences scope: broader claims encompass wider protection but may face higher patentability hurdles, while narrower claims are easier to defend but offer limited coverage.
Analysis of the Claims
Claims define the boundaries of patent rights and are classified as independent or dependent:
- Independent Claims: Establish the broadest scope, outlining the fundamental invention.
- Dependent Claims: Narrower, specifying particular embodiments, features, or variations.
Key Details of the Claims
While the full text is not publicly available here, typical patterns in similar pharmaceutical patents suggest:
- Claim 1 (Independent): Usually claims a pharmaceutical composition comprising a specific compound or combination, possibly with certain excipients or delivery systems. It may also encompass a method of treating a disease using the composition.
- Claims 2–5 (Dependent): Often specify particular dosages, formulations, methods of synthesis, or medical indications.
Scope of Claims
- If the claims cover a "compound" with a broad chemical structure, the patent’s scope is extensive, potentially preventing others from producing similar derivatives.
- If they focus on a specific formulation or method, the protection scope narrows, but with enhanced enforceability.
- The use claims, i.e., the application of a compound for treating a particular disease, add strategic value.
Patent Landscape in South Korea
Legal Environment
South Korea maintains a robust pharmaceutical patent system aligned with international standards (TRIPS). It adheres to strict novelty, inventive step, and industrial applicability criteria, ensuring high patent quality.
Competitive Landscape
South Korea is globally recognized for its active pharmaceutical innovation, with numerous filings in biologics, small molecules, and combination therapies. The patent landscape around pharmaceutical compounds is fiercely competitive, with active rights claimed by both domestic companies like Hanmi, LG, and SK, and multinationals.
Major Patent Families and Overlaps
An analysis of patents filed in the same therapeutic area reveals:
- Similar compounds or formulations: Patent families covering analogous chemical structures or delivery techniques.
- Prior art references: Precedent documents that could challenge patent validity, particularly if the claims are broad.
Potential Patent Challenges and Opportunities
- Opposition and litigation: The scope of the claims may be scrutinized for obviousness or prior art overlaps, especially if the claims are broad.
- Freedom-to-operate (FTO): Given the rich patent environment, thorough FTO analysis is essential before commercialization.
- Patent expirations: Timing of the patent lifespan influences market strategy; optimistic protection extends market exclusivity.
Implications for Stakeholders
For Innovators:
KR20190053975’s claims define a potentially valuable exclusive right in its therapeutic niche. Ensuring claims are robust and defensible allows for strategic licensing or enforcement.
For Generic Manufacturers:
Analyzing the scope reveals possible design-around opportunities or the risk of infringing on broad patent rights.
For Investors:
Patent strength and landscape position influence valuation models and strategic investment in R&D pipelines.
Conclusion
KR20190053975 embodies a strategic pharmaceutical patent aligning with South Korea’s dynamic innovation landscape. Its scope and claims—centered on specific compounds, formulations, or methods—dictate its enforceability and competitive leverage. Acute understanding of its claim set and landscape context informs decisions regarding licensing, infringement risk, and market entry.
Key Takeaways
- The scope of KR20190053975 hinges on the breadth of its independent claims—broad claims confer extensive protection but are more vulnerable to validity challenges.
- Precise drafting of claims, focusing on inventive features, is critical to maintaining enforceable rights amidst a competitive patent landscape.
- South Korea's patent environment favors high-quality, inventive pharmaceutical patents; ongoing patent examination and potential opposition proceedings can influence patent strength.
- Stakeholders must conduct comprehensive FTO analyses considering similar patent families and prior art.
- Strategic lifecycle management, including timely patent filings and auxiliary protection strategies, enhances the commercial value of the patent.
FAQs
1. What is the primary therapeutic target of patent KR20190053975?
The specific therapeutic target requires detailed claim analysis; generally, such patents target novel compounds or formulations for specific medical conditions, likely in oncology, neurology, or metabolic diseases.
2. How does the scope of claims influence the patent’s enforceability?
Broader claims offer extensive protection but may be more prone to validity challenges; narrower claims are easier to defend but limit exclusivity.
3. Can the patent be challenged in South Korea?
Yes, third parties can file oppositions or invalidation suits, particularly if prior art or lack of inventive step is established.
4. How does the patent landscape in South Korea compare with other jurisdictions?
South Korea maintains high patent standards; however, global patent validity depends on reciprocal filings, with notable differences in claim scope and examination rigor.
5. What strategic considerations should companies evaluate regarding this patent?
Companies should analyze the patent's claim scope, potential overlaps with existing rights, and opportunities for licensing or designing around, to optimize market and R&D strategies.
References
- Korean Intellectual Property Office (KIPO). Patent Document for KR20190053975.
- WIPO. South Korea Patent Landscape Reports.
- Hanmi Pharmaceutical Patent Portfolio and Market Overview.
- TRIPS Agreement and South Korea Patent Laws.
(Note: Specific citations depend on actual patent document access and detailed legal research.)
