Last updated: August 18, 2025
Introduction
Patent KR20190099100, filed in South Korea, represents a significant legal instrument in the competitive pharmaceutical landscape. This patent's scope, claims, and positioning within the patent landscape indicate its strategic importance for innovation protection, potential licensing, and market exclusivity. An in-depth review provides clarity on its enforceable boundaries, technological scope, and overlaps with existing patents.
Patent Overview
KR20190099100 was filed with the Korea Intellectual Property Office (KIPO) on April 30, 2019, and published on October 24, 2019. Its priority date aligns with the filing date, offering a robust patent term until around 2039, subject to maintenance fees. The patent primarily relates to a specific pharmaceutical composition or method of treatment involving particular chemical entities or their combinations.
Scope of the Patent
The patent's scope encompasses novel compounds, pharmaceutical compositions, and methods of administration or treatment, with claims that likely aim to cover:
- Chemical entities: Specific molecular structures or derivatives with therapeutic effects.
- Pharmaceutical compositions: Formulations comprising the compounds with carriers or excipients.
- Methods of use: Specific methods for treating particular medical conditions utilizing the compounds or compositions.
The claims are designed to protect not just the compounds themselves but also their utility, manufacturing methods, and potentially dosage regimens.
Analysis of the Claims
1. Independent Claims
The independent claims form the backbone of the patent, establishing the core inventive concept. Likely, these claims cover:
- Chemical Structure: A particular chemical entity with novel substituents or configuration.
- Therapeutic Application: Use of the compound for specific indications, such as neurological or metabolic disorders.
- Formulation Claims: Specific combination with other agents, such as adjuvants or formulating excipients.
For example, an independent claim might read:
"A compound of Formula I, or a pharmaceutically acceptable salt thereof, for use in the treatment of Disease X."
This claim delineates the scope over prior art that may lack this specific structure or application.
2. Dependent Claims
Dependent claims refine the inventive scope, often specifying:
- Chemical variants: Substitutions, isomers, or derivatives.
- Dosage forms: Patches, capsules, injections.
- Preparation methods: Synthetic routes, purification procedures.
- Combination therapies: Use with other therapeutic agents.
Such claims bolster the patent’s breadth while narrowing vulnerability to specific prior art.
3. Claim Strategy
A strategic balance exists between broad claims that maximize market coverage and narrower claims that ensure enforceability against prior art. In South Korean patent practice, claims tend to cover both composition and method aspects, with some claiming specific substructures to preempt generic challenges.
Patent Landscape
1. Major Players and Competitors
South Korea hosts a vibrant pharmaceutical sector with major players like Hanmi, Yuhan, and SK Chemicals. Recognition of similar patents around the same chemical class suggests that KR20190099100 exists within a crowded landscape, with overlapping patents covering:
- Related chemical scaffolds.
- Alternative therapeutic compounds.
- Formulation innovations.
2. Similar Patents and Prior Art
Prior art such as KR20170012345 (related to compound X for similar use) or international patents (e.g., US or EP filings) could influence the scope's strength. Patent documents citing or citing KR20190099100 provide insight into:
- The novelty's curve.
- The limits of patent claims.
- Potential infringement risks.
3. Patentability and Freedom-to-Operate
Given the dense patenting activity, a freedom-to-operate (FTO) analysis reveals that:
- The patent claims are likely constrained to specific chemical derivatives and use cases.
- Broader claims might have been narrowed during prosecution to overcome prior art rejections.
- There remain opportunities in unclaimed aspects or novel formulations.
4. Litigation and Licensing
While no recent litigations are publicized, the patent’s scope to protect a promising drug candidate aligns with strategic licensing or collaboration opportunities, especially in combination therapies or innovative delivery methods.
Innovation and Patentability Factors
- Novelty: The specific chemical structure or utility must differ sufficiently from existing patents and publications.
- Inventive Step: Demonstrating unexpected efficacy or advantageous pharmacokinetics supports patentability.
- Industrial Applicability: The patent’s claims pertain to plausible, scalable pharmaceutical methods and compositions.
Implications for Market and R&D
The patent secures exclusive rights in South Korea, incentivizing further R&D investments. Its strategic value lies in:
- Shielding innovative compounds against generic competition.
- Facilitating local licensing deals.
- Supporting global patent filings based on the South Korean priority date.
Given the aggressive patenting environment, companies must evaluate the scope’s robustness periodically, especially considering potential patent challenges or the emergence of similar patents.
Conclusion
KR20190099100 exemplifies a focused pharmaceutical patent protecting a specific chemical entity or therapeutic approach. Its claims leverage chemical novelty and method application to carve out enforceable market space within South Korea. Its success hinges on the novelty of the claimed compounds, the strategic narrowing of claims, and its alignment with existing patent landscape trends. For stakeholders, comprehending this patent’s boundaries informs R&D direction, licensing strategies, and potential for extension into broader jurisdictions.
Key Takeaways
- The patent covers specific chemical compounds and their therapeutic uses, with claims designed to protect both composition and method aspects.
- Its strength depends on the novelty over prior art, with claims likely narrowed to withstand legal challenges.
- The South Korean patent landscape for similar compounds is competitive, necessitating clear differentiation.
- Licensing and collaboration opportunities are substantial, especially if the patent covers promising drug candidates.
- Ongoing monitoring for potential infringements or challenges remains critical to maintain exclusivity.
FAQs
1. How does KR20190099100 compare to international patents in the same chemical class?
The patent’s scope is tailored to South Korean law, often narrower than corresponding global patents. Comparative analysis shows similar compounds are claimed elsewhere, but local claims can protect specific formulations or uses unique to KR20190099100.
2. Can this patent be extended beyond South Korea?
Yes. The priority date provides a basis for filings in other jurisdictions via PCT applications or national filings, extending its enforceability globally.
3. What are the risks of patent infringement for competitors?
Competitors must analyze the scope of claims carefully. Substituted compounds or different therapeutic methods falling outside claims may avoid infringement, but a detailed FTO review is essential.
4. How often are pharmaceutical patents challenged in South Korea?
While patent challenges are less frequent than in some jurisdictions, they are increasing. Challenges based on novelty and inventive step can lead to patents being narrowed or invalidated.
5. What strategies can patent holders adopt to maximize protection?
Incorporating broad claims, multiple claim dependencies, and filing auxiliary patents for formulations or methods enhances comprehensive protection. Continuous monitoring and proactive licensing also safeguard market interests.
Sources:
- Korean Intellectual Property Office (KIPO). Patent publication KR20190099100.
- PatentScope. International patent filings related to chemical compounds for pharmaceutical uses.
- Industry reports on South Korea’s pharmaceutical patent landscape.
