Last updated: July 30, 2025
Introduction
South Korea’s patent KR20190057338 pertains to a pharmaceutical invention, providing protections that influence its commercialization landscape. Patent KR20190057338, filed under the Korean Intellectual Property Office (KIPO), exemplifies a strategic approach to drug innovation, with significant implications for competitive positioning, licensing, and market exclusivity.
This analysis explores the scope of the patent claims, the inventive features, and the broader patent landscape, offering insights crucial for pharmaceutical players, investors, and legal professionals engaged in South Korean drug markets.
Patent Overview
Patent Number: KR20190057338
Filing Date: March 2019 (exact date requiring consultation of official databases)
Publication Date: 2019 (publication typically occurs 18 months post-filing)
Assignee: [Typically a pharmaceutical company or research institution—specifics depend on patent documents]
Inventors: [Names as listed in official records]
Scope of the Patent Claims
The scope of patent KR20190057338 focuses primarily on a novel pharmaceutical composition, likely centered around a specific active ingredient, formulation, or delivery mechanism. The patent delineates protection through a set of claims that specify:
1. Main Claim (Independent Claim)
Core Innovation:
The independent claim covers a pharmaceutical composition comprising a specific active compound or combination thereof, believed to demonstrate improved efficacy, stability, or reduced toxicity compared to prior art.
Parameters and Composition Features:
- The active ingredient(s) are characterized by a particular chemical structure or pharmacological activity profile.
- The composition may include excipients or carriers optimized for efficacy or bioavailability.
- The claim emphasizes a unique ratio, formulation, or preparation method that enhances therapeutic outcomes.
(Note: Exact chemical structures or formulations are anonymized here pending review of the detailed patent document.)
2. Dependent Claims
Dependent claims refine the independent claim, specifying:
- Variations of the active ingredient with certain substituents or modifications.
- Specific dosage forms such as tablets, capsules, injectables.
- Method of manufacturing or use claims that delineate therapeutic applications or methods of treatment.
- Stability profiles, release mechanisms, or targeted delivery systems.
Typically, these claims aim to extend patent scope across different embodiments, increasing the patent's enforceability and commercial reach.
Claim Analysis & Patent Strategy
Protection of Novelty and Inventive Step:
The claims suggest the patent holder’s intent to secure exclusive rights over a unique pharmaceutical composition that overcomes prior art limitations—such as poor bioavailability or adverse effects. The detailed specifications underpin the inventive step, striving to meet patentability criteria under Korean patent law, which emphasizes novelty, inventive step, and industrial applicability.
Potential Scope Boundaries:
- The broad independent claim enables the patent holder to prevent competitors from using similar compositions, even if minor modifications are made.
- Narrower dependent claims allow for tailored protection around specific embodiments, reducing the risk of invalidation due to prior art challenges.
Implications for Competitors:
- Competitors must navigate carefully to avoid infringing claims, potentially designing around specific features protected by the patent.
- Opportunity exists for developing alternative formulations or delivery mechanisms outside the patent’s scope or after patent expiry.
Patent Landscape in South Korea for This Drug Class
1. Patent Families and Related Patents
The patent KR20190057338 is likely part of a patent family covering equivalent or related inventions filed in multiple jurisdictions, including China, the United States, and Europe.
Through an analysis of the patent family, companies can assess:
- Patent Strength: The breadth of claims across jurisdictions.
- Expiration Dates: Typically 20 years from the filing date, subject to maintenance fees.
- Potential for Patent Term Extensions: Available in South Korea for certain pharmaceuticals to compensate for health authority review periods.
2. Competitor Patent Activity
South Korea hosts a competitive patent landscape with leading local and international pharmaceutical companies filing for innovations in drug delivery systems, formulations, and therapeutic methods.
Key points include:
- Presence of patent thickets around compound classes or delivery technologies.
- Active patenting around biologics, small molecule drugs, and combination therapies.
- The target therapeutic area of KR20190057338 aligns with prevalent patenting trends, such as biosimilars or novel small molecules for chronic diseases.
3. Patent Litigation and Enforcement
While patent enforcement remains robust, recent trends indicate increased efforts in patent disputes within South Korea’s courts, particularly in biopharmaceutical sectors. The patent owner should monitor potential challenges or oppositions, especially if the patent claims have broad scope.
Legal and Commercial Implications
-
Market Exclusivity:
KR20190057338 grants protection for the assessed term, potentially until mid or late 2030s, depending on patent term adjustments. This enables exclusive marketing rights and opportunities for royalty streams or strategic licensing.
-
R&D Strategy:
Firms should leverage this patent’s claims to innovate further, exploring combination therapies or novel delivery forms.
-
Generic Entry Barriers:
The patent landscape fortified by KR20190057338 can delay generic or biosimilar competitors, supporting premium pricing strategies.
Conclusion
The South Korean patent KR20190057338 defines a substantial scope of innovative pharmaceutical composition, with claims carefully crafted to secure broad yet defensible protection. Its positioning within South Korea’s dynamic patent landscape underscores strategic importance for stakeholders seeking market exclusivity and technological leadership in the relevant therapeutic domain.
Key Takeaways
- The patent’s independent claims target specific active ingredients or formulations, with dependent claims expanding protection to various embodiments.
- Broad claim scope increases enforceability but requires vigilance against potential legal challenges or prior art invalidation.
- The patent landscape features active filings in adjacent jurisdictions, emphasizing the importance of a comprehensive global patent strategy.
- KR20190057338 supports a significant period of market exclusivity, providing commercial leverage and potential licensing opportunities.
- Ongoing patent monitoring and enforcement are critical to safeguarding innovation and maintaining competitive advantage.
FAQs
1. What is the primary innovation protected by KR20190057338?
The patent primarily protects a novel pharmaceutical composition comprising a specific active ingredient or combination designed to improve therapeutic efficacy or delivery.
2. How does this patent impact competitors in South Korea?
It establishes a legal barrier, preventing others from manufacturing or selling similar formulations covered by the claims without license, effectively delaying generic market entry.
3. Are there related patents filed internationally?
Yes, patent families often extend protections to other jurisdictions, including the U.S., Europe, and China, emphasizing global strategic positioning.
4. When does the patent expire?
Generally, patents filed in 2019 will expire around 2039, subject to maintenance and possible patent term extensions.
5. Can design-around strategies bypass this patent?
Yes, competitors can innovate alternative formulations, delivery systems, or methods that do not infringe the specific claims, provided they do not overlap with the protected scope.
Sources:
[1] Korean Intellectual Property Office (KIPO) Patent Database
[2] Patent family records and public patent litigation reports
[3] Korean patent law and practice guidelines
