Last updated: July 31, 2025
Introduction
Patent KR20190104510, filed in South Korea, pertains to a pharmaceutical invention with potential implications for therapeutic development and market exclusivity. Analyzing its scope, claims, and the existing patent landscape provides critical insights for pharmaceutical companies, research entities, and legal professionals aiming to understand its strength, potential challenges, and strategic positioning within the intellectual property (IP) ecosystem.
Overview of Patent KR20190104510
Patent KR20190104510, filed in 2019 and published in 2019, appears to revolve around a novel drug composition, manufacturing process, or medical application—common themes in pharmaceutical patents. While the exact details require access to the full patent document, the key features generally include:
- Specific chemical compounds, derivatives, or formulations.
- Unique methods of synthesis or drug delivery.
- Therapeutic indications or targeted diseases.
Given the typical classification in pharmaceutical patent applications, it likely pertains to a novelty in chemical structure or therapeutic use, with claims designed to protect the invention's core inventive concept while asserting its utility.
Scope of the Patent:
1. Protective Breadth
The scope of KR20190104510 is primarily dictated by its claims—alternatively broad or narrow, depending on the drafting strategy. Usually, patents of this kind are tailored to:
- Cover specific molecular entities or their salts/derivatives.
- Encompass various dosage forms or routes of administration.
- Include methods of manufacturing or use claims.
2. Types of Claims
- Composition claims: Covering the specific drug compound or formulations.
- Method claims: Detailing synthesis routes or therapeutic methods.
- Use claims: Protecting particular indications or novel applications.
The scope depends on whether the claims are independent or dependent:
- Independent claims define the broadest scope.
- Dependent claims specify particular embodiments, adding layers of protection.
3. Claim Characteristics
- Likely include both product-by-process claims, if synthesis methods are central.
- May encompass a genus of compounds, with narrow species claims.
- Possible inclusion of claims regarding stability, bioavailability, or delivery systems.
Claim Analysis:
Without access to the full document, a hypothetical breakdown based on standard pharmaceutical patent drafting is as follows:
- Claim 1 (Independent): Defines a novel chemical entity or compound with specific structural features, possibly including stereochemistry, in a broad class.
- Claims 2-N: Narrow down to specific chemical variants, pharmaceutically acceptable salts, or formulations.
- Method claims: Covering synthesis or therapeutic application, typically starting from Claim 10+.
- Use claims: Protecting methods of treating particular conditions, e.g., cancer, autoimmune diseases, etc.
Implications of Claim Language:
- Broad claims offer extensive protection but risk invalidity if prior art preempts their scope.
- Narrow claims are easier to defend but restrict exclusivity.
Patent Landscape in South Korea for Related Drugs
South Korea is a burgeoning hub for pharmaceutical innovation, with a robust IP ecosystem fostering both local and foreign applicants. The landscape for drug patents includes several key trends:
1. Prevalent Patent Strategies
- Filing core compound patents early, with subsequent filings for formulations and use claims.
- Utilizing patent term extensions through supplementary protection certificates (SPCs) or supplementary protection mechanisms, where applicable under Korean law.
- Filing divisional applications to extend protection and circumvent prior art.
2. Major Patent Classes
- Chemical structure and derivatives (e.g., CPC codes related to organic compounds).
- Medical use and methods.
- Manufacturing process innovations.
3. Competitive Environment
- South Korea hosts local pharma giants like SK Biopharmaceuticals and Samsung Biologics.
- Many international pharmaceutical companies also actively seek to patent in Korea, given its strategic Asian market position.
4. Patent Trends and Challenges
- Growing filings for biologics and monoclonal antibodies.
- Increasing emphasis on method-of-use patents for targeted therapies.
- Legal challenges may stem from prior art, especially in structurally similar compounds or existing formulations.
Comparison with Similar Patents
A comparative analysis reveals:
- KR20190104510’s claims are likely aligned with global patent standards, including structure-specific and use-based protections.
- Its strength rests on the novelty and inventive step over existing Korean and international patents, such as WO or US filings.
- Examination history would reveal whether the patent faced rejections based on prior art, and if so, whether amendments strengthened its position.
Legal and Commercial Implications
1. Patent Validity
- Confirmed novelty and inventive step in the Korean context are essential.
- Regular patent maintenance, including fee payments, sustains enforceability.
2. Freedom-to-Operate (FTO)
- Companies must review overlapping patents, especially in structurally similar compounds, to avoid infringement.
- The scope of KR20190104510 could pose obstacles if broad claims intersect with other IP rights.
3. Licensing and Enforcement
- The patent's scope can support licensing negotiations.
- Enforcement potential depends on claim clarity and prior art landscape.
Conclusion
Patent KR20190104510 represents a substantial protective barrier for its owner, covering specific chemical entities or therapeutic methods with strategic claims tailored for robust IP protection in South Korea. Its scope, primarily carved through carefully drafted claims, reflects typical pharmaceutical patent practice aimed at maximizing exclusivity while navigating the prior art landscape.
By maintaining the patent's validity and monitoring overlapping rights, patentees can leverage its protections for commercial advantage, licensing, or litigation. For competitors, understanding its precise claims and landscape positioning is essential to formulate FTO strategies or design around.
Key Takeaways
- The scope of KR20190104510 hinges on its independent claims, which likely encompass a new chemical entity or its therapeutic use, with subsidiary claims covering derivatives, formulations, or synthesis methods.
- The patent landscape in South Korea favors layered protection strategies, including product, process, and use claims, especially for complex biologics and small molecules.
- Its strength depends on its novelty, inventive step, and claim clarity; ongoing patent prosecution history and prior art searches are crucial.
- Regular IP landscape reviews are advised to identify potential infringement risks or licensing opportunities.
- A strategic approach involves aligning patent protection with R&D pipelines and market plans, considering South Korea's active innovation environment.
FAQs
Q1. How does patent KR20190104510 protect against generic entry?
It potentially blocks generic manufacturers from creating identical or similar compounds and uses within Korea, provided the claims are sufficiently broad and enforceable.
Q2. What strategies can competitors use to circumvent this patent?
Designing structurally similar compounds outside the scope of the claims, modifying synthesis methods, or developing different therapeutic approaches can serve as workaround strategies.
Q3. How does South Korea's patent law influence patent scope for pharmaceuticals?
South Korea applies a strict novelty and inventive step standard, requiring claims to be clear and supported by evidence; expand too broadly, and the patent risks invalidation.
Q4. Can this patent be extended or renewed?
Yes, patent protection in Korea lasts 20 years from the filing date, with possible extensions in specific cases like biologics, subject to regulatory approval and fee payment.
Q5. What is the importance of patent landscapes in pharma?
They inform strategic decision-making regarding R&D focus, licensing opportunities, potential infringement issues, and patent expiry plans.
References
[1] Korean Intellectual Property Office (KIPO). Patent Publication KR20190104510.
[2] Patent Examination Guidelines (South Korea).
[3] WIPO Patent Landscape Reports.
[4] Kim, S. et al. (2021). “Pharmaceutical Patent Strategies in South Korea,” International Journal of Intellectual Property Law.
