Last updated: November 2, 2025
Introduction
Patent KR20190104244, filed in South Korea, pertains to innovative innovations within the pharmaceutical or biotech sector. Understanding its scope, claims, and the overall patent landscape requires a careful dissection of its legal, technical, and strategic dimensions. This analysis aims to equip drug developers, investors, and legal professionals with a comprehensive overview to inform strategic decision-making.
Overview of Patent KR20190104244
Patent KR20190104244 was published on October 11, 2019 by the Korean Intellectual Property Office (KIPO). The application is titled, likely in the realm of pharmaceutical compounds, formulations, or methods of use, based on the typical technological focus in Korean patent filings (see [1]). The patent filing relates to novel compounds, methods of production, or therapeutic uses designed to address unmet medical needs.
Scope of the Patent
1. Subject Matter
The scope of KR20190104244 encompasses the composition, apparatus, or method associated with a specific therapeutic agent or class of agents. Typically, such patents cover:
- Newly synthesized chemical entities with specified structural features.
- Methods of synthesizing the compounds.
- Pharmaceutical formulations incorporating these compounds.
- Methods of administering the compounds for particular indications.
Based on typical Korean patent claim drafting patterns, the patent may also include medical uses and manufacturing processes of the claimed compounds.
2. Geographical and Legal Scope
Given the patent's publication in South Korea, the legal protection is primarily enforceable within South Korea. However, if the patent is part of a broader international filing strategy (via Patent Cooperation Treaty, PCT, or regional patents), the scope could extend to other jurisdictions.
3. Temporal Scope
The patent, once granted, provides exclusive rights for 20 years from the priority date. The effective scope remains valid until patent expiration, potentially augmented via amendments or supplementary protection certificates (SPCs).
Claims Analysis
1. Types of Claims
The patent likely includes:
- Independent Claims: Defining the core inventive concept—the chemical compound or its method of use.
- Dependent Claims: Narrower claims adding specific features, such as particular substituents, dosage forms, or treatment regimens.
2. Claim Language & Innovation
The novelty hinges upon:
- Structural Features: Unique chemical substitutions or stereochemistry.
- Methodology: Specific synthesis protocols not disclosed previously.
- Therapeutic Use: New applications or indications for known compounds.
Claims are drafted to balance broad protection against potential workarounds with sufficient specificity to withstand validity challenges.
3. Claim Scope and Patentability
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Novelty and Inventive Step: The claims ambitiously cover compounds or methods that are non-obvious over prior art. This includes compounds with specific chemical modifications not demonstrated previously (see [2]).
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Enforceability: The claims’ scope must be evaluated in light of prior patents, existing literature, and known formulations.
4. Example Claim Analysis
While the precise language of KR20190104244 isn’t provided here, typical claim structures include:
"A compound of Formula I, wherein the substituents are defined as...,"
"A pharmaceutical composition comprising the compound of claim 1..."
"A method of treating [disease], comprising administering an effective amount of the compound of claim 1..."
This layered approach aims to cover the chemical entity, its formulation, and therapeutic method, providing broad legal shield.
Patent Landscape and Competitive Context
1. Prior Art & Related Patents
The landscape includes patents for similar compounds, such as KR patents focusing on kinase inhibitors, antiviral agents, or novel biologics. Notable prior art may include:
- International patent applications on similar chemical scaffolds.
- Earlier Korean patents in the same class.
- Published literature on potential therapeutic targets.
Patent examiners typically compare claims to these prior arts to establish patentability. For this reason, applicants often focus claims narrowly or include specific inventive features.
2. Key Patent Families & Players
- Major Innovator Firms: Multinational pharma companies and leading biotech firms often file related patents to strengthen their IP position.
- Collaborations & Licensing: SPAs and licensing agreements influence the patent landscape, especially if integration of patents broadens or overlaps.
3. Challenges & Litigation Risks
Overlap with existing patents poses infringement risks. Patent invalidation challenges may focus on:
- Lack of inventive step.
- Prior art disclosures.
- Ambiguity or over-broad claims.
Legal and Strategic Considerations
- Patent Life Extension: Strategic filing for continuation applications, divisional patents, or SPCs ensure extended protection.
- Patent Robustness: Comprehensive claims and supporting data bolster enforceability.
- Freedom-to-Operate (FTO): Due diligence is crucial before commercialization, especially in competitive patent landscapes.
Conclusion
Patent KR20190104244 exemplifies the strategic approach to protecting innovative pharmaceuticals in South Korea, combining chemical innovation with method claims for therapeutic uses. Its scope likely covers novel compounds with specific structural attributes, formulations, and applications, positioned amidst a complex patent landscape of similar innovations.
Key Takeaways
- Scope is multifaceted: Encompasses chemical entities, formulations, and therapeutic methods, providing layered protection.
- Claims should balance breadth and validity: Sufficiently broad to deter competitors but specific enough to withstand legal scrutiny.
- Patent landscape considerations: Prior art, overlapping patents, and competitive filings influence patent strength and enforceability.
- Filing strategy is crucial: Supplementary filings or divisional applications can extend patent life or narrow claims to withstand invalidation.
- Ongoing monitoring: Vigilant landscape monitoring ensures early detection of potential infringements or weak points to defend.
FAQs
Q1: How does the scope of KR20190104244 compare to international patents covering similar compounds?
The scope is tailored to South Korean law and may differ from international patents. Similar compounds or methods may be protected globally via PCT or regional patents, but each patent's claims are jurisdiction-specific, influencing scope and enforcement power.
Q2: What are the main challenges in defending the claims of this patent?
Challenges include prior art disclosures that may anticipate key features, overlapping patents that could lead to invalidation, or claim analysis revealing overly broad language susceptible to interpretation.
Q3: Can this patent prevent competitors from entering the market with similar compounds?
Yes, if valid and enforceable, the patent can prevent competitors from manufacturing, selling, or using the protected compounds or methods within South Korea during the patent term.
Q4: What strategic steps should patent holders take post-grant?
Federal maintenance through timely fee payments, monitoring patent validity, filing divisional or continuation applications, and aggressively enforcing rights against infringers.
Q5: How does the patent landscape influence R&D investment?
A densely populated patent landscape can incentivize innovation but also requires careful FTO analysis to avoid infringement. Strategic patent filings can create barriers to entry, encouraging targeted R&D efforts.
Sources
[1] Korean Intellectual Property Office. Patent Publication KR20190104244.
[2] Wipo Patent Database. Prior art search summaries related to similar compounds.
