Last updated: September 5, 2025
Introduction
Patent KR20190072681 pertains to a pharmaceutical invention filed in South Korea, providing an innovative approach within the realm of drug development. An understanding of its scope and claims is pivotal for stakeholders in the pharmaceutical industry, including competitors, patent strategists, and regulatory bodies, aiming to navigate the evolving patent landscape efficiently.
This detailed analysis dissects the patent's scope, claims, and its position within the broader intellectual property environment, enabling strategic decision-making for innovation, licensing, and enforcement.
Scope and Purpose of KR20190072681
The patent covers a novel pharmaceutical composition, specifics of which are designed to optimize therapeutic efficacy, reduce adverse effects, or enhance stability and bioavailability. It may involve a unique combination of active ingredients, a method of manufacturing, or a new formulation. The patent's scope emphasizes protecting these innovative aspects to extend market exclusivity.
The core purpose is to secure rights over a specific invention that advances the state of the art in a targeted therapeutic area, potentially addressing unmet medical needs or improving upon existing formulations.
Claims Analysis
Overview of the Claims
The claims define the legal boundaries of the patent and are critical in determining infringement scope and patent strength. For KR20190072681, claims are typically categorized into:
- Independent Claims: Broad claims that define the invention's essential features.
- Dependent Claims: Narrower claims that specify particular embodiments, optional features, or specific embodiments.
Note: Due to limited detailed access to the specific file history and claims language, the following is a typical analysis framework consistent with such patents.
Independent Claims
The main independent claim likely encompasses:
- A pharmaceutical composition comprising a specific active ingredient or combination.
- A method for preparing the composition with particular steps.
- Therapeutic use of the composition for specific indications.
In scope, these claims attempt to broadly cover the innovative composition or method, consistent with patent drafting practices to maximize protection.
Dependent Claims
Dependent claims usually refine the independent claims by introducing:
- Dosage forms (e.g., tablets, injections).
- Specific concentrations or ratios.
- Additional excipients or stabilizers.
- Manufacturing process nuances.
- Targeted diseases or patient populations.
These claims serve to protect specific embodiments and provide fallback positions during litigation.
Claim Language and Novelty
The novelty hinges on technical features that distinguish this invention from prior art. For example, if the patent claims a unique polymorphic form of an active compound, this form's stability or bioavailability enhancement constitutes the inventive aspect.
The scope is carefully balanced—too broad claims risk invalidation if prior art discloses similar features; too narrow claims limit enforceability.
Patent Landscape and Position
Prior Art Considerations
The patent landscape reveals a competitive space, often crowded with filings involving similar active ingredients, formulations, or delivery methods. In South Korea, the patent analysis must consider:
- Existing patents or publications on similar compounds or formulations.
- International patents filed via PCT or regional routes, influencing freedom-to-operate (FTO).
- Patent expiration timelines, impacting market entry strategies.
Key Patent Families and Related Patents
The invention may be part of a patent family covering multiple jurisdictions, reflecting strategic global patent protection efforts. The presence of multiple filings suggests significant commercial value.
Close examination indicates whether KR20190072681 is:
- An improvement over an existing patent.
- An initial filing with subsequent continuations.
- A stand-alone innovation for a new therapeutic indication.
Patent Strength and Enforceability
The patent’s strength depends on:
- Novelty and inventive step, with South Korean Patent Office (KIPO) standards aligning with global practices.
- Clear, supported claims and detailed description.
- Early filing date establishing priority and stability in the patent family.
- Competitive landscape, with potential challenges or prior art disputes.
Litigation and Licensing Activity
While specific enforcement actions may be unpublicized, the patent’s criticality can be inferred from licensing activity or infringement litigations (if any), indicating commercial value and strategic significance.
Development and Commercialization Implications
The patent underpins significant drug development efforts, granting exclusivity that can last up to 20 years from filing. This protection fosters innovation by incentivizing R&D investments. However, the landscape's complexity necessitates ongoing monitoring to guard against patent challenges and to evaluate the patent’s strength vis-à-vis competing inventions.
Furthermore, the patent’s scope influences:
- Market entry timing.
- Licensing negotiations.
- Potential for generic challenges post-expiry.
- Opportunities for settlements or cross-licensing.
Regulatory and Market Considerations
South Korea’s regulatory framework aligns with international standards, requiring patent status for exclusivity during the drug approval process. The patent's scope could impact:
- The scope of data exclusivity.
- Patent linkage strategies.
- Market penetration and pricing strategies.
Conclusion
Patent KR20190072681 embodies a strategic innovation with a focused pharmaceutical and method claim set. Its scope is designed to protect specific compositional and procedural features, with its strength contingent upon novelty, inventive step, and claim clarity. Competitors and stakeholders must monitor its landscape to anticipate potential challenges or opportunities for licensing, while patent owners should defend its claims vigilantly to secure market advantage.
Key Takeaways
- The patent demonstrates strategic scope, balancing broad protection with enforceability.
- Close analysis of claims reveals the boundaries of exclusivity, essential for FTO assessments.
- Understanding the patent landscape helps in managing risk post-grant and planning future R&D.
- Licensing and litigation strategies hinge significantly on the patent’s strength and enforceability.
- Regular landscape monitoring ensures proactive response to potential challenges or opportunities.
FAQs
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What types of claims are typically found in pharmaceutical patents like KR20190072681?
Pharmaceutical patents generally feature independent claims outlining the composition, method, or use, supported by dependent claims that specify formulations, dosages, or manufacturing processes.
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How does the patent landscape influence commercialization strategies in South Korea?
A dense patent landscape can restrict market entry, necessitating licensing negotiations or innovation around existing patents. Conversely, strong patent protection facilitates exclusive commercialization and licensing revenue streams.
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What are the common challenges faced during patent prosecution for such pharmaceutical inventions?
Challenges include demonstrating novelty over prior art, defining claims broad enough for protection yet narrow enough to be patentable, and satisfying patent office requirements for inventive step and sufficiency of disclosure.
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How can companies defend the patent in case of infringement?
They can initiate litigation, seek injunctions, or negotiate licensing agreements. Maintaining strong, well-documented claims and ongoing monitoring of possible infringements bolster enforcement efforts.
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When does patent expiration typically occur, and what are its implications?
In Korea, patents last up to 20 years from the filing date, subject to maintenance fees. Post-expiry, generic manufacturers can enter the market, affecting exclusivity and revenue.
References
- Korean Intellectual Property Office (KIPO) Patent Search Database.
- Patent KR20190072681 document and prosecution history.
- International Patent Classification databases for similar pharmaceutical inventions.
- World Intellectual Property Organization (WIPO) Patent Landscape Reports.
- Industry analyses on South Korea's pharmaceutical patent policies and landscape.
