Last updated: August 5, 2025
Introduction
Patent KR20190112197 pertains to innovative pharmaceutical compositions or methods domestically filed within South Korea, detailing specific aspects of drug formulation or therapeutic application. This patent's scope and claims are critical for stakeholders including R&D entities, generic manufacturers, and licensing entities to understand the scope of existing protections and potential for infringement or licensing.
This analysis delineates the scope of KR20190112197’s claims, examines its scope within the patent landscape, and evaluates the broader implications for pharmaceutical innovation and commercialization in South Korea.
Patent Overview
Patent KR20190112197 was filed and granted in 2019, with the applicant, possibly a major pharmaceutical company or research institution, focusing on a novel drug composition, delivery system, or therapeutic method. The patent encompasses claims that specify unique molecular structures, manufacturing processes, or therapeutic applications designed to address unmet needs or improve existing therapies.
Scope of the Patent Claims
1. Core Claim Categories
The patent claims revolve around:
- Chemical Composition: Specific compounds, derivatives, or combinations that exhibit improved efficacy or reduced side effects.
- Pharmaceutical Formulation: Novel dosage forms, excipient combination, or stabilization techniques enhancing bioavailability or shelf-life.
- Method of Use: Therapeutic methods for treating particular diseases, possibly with specific dosing regimens or delivery methods.
- Manufacturing Processes: Innovative synthesis or formulation techniques providing operational advantages or patentability.
2. Claim Scope Analysis
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Independent Claims: These form the broadest legal scope, delineating the essential elements of the invention. For KR20190112197, the independent claims likely specify a drug composition comprising a particular active ingredient or class thereof, with defined concentration ranges or physical states.
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Dependent Claims: These add narrower embodiments, such as specific chemical modifications, delivery methods, or alternative formulations, which serve to reinforce patent breadth and provide fallback positions.
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Novelty and Inventive Step: The claims interface with prior art—such as earlier patents or scientific publications—to define novelty. For example, if the patent claims a derivative of a known compound with an added functional group, this suggests an inventive step over existing molecules.
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Claim scope determination: The scope is likely moderate to broad, especially if the claims encompass a class of compounds or formulations rather than a single entity, enabling broad patent protection but raising potential challenges from generic competitors.
3. Key Claim Features
- Structural Limitations: The patent probably claims a specific chemical scaffold, with substituents detailed within the description.
- Therapeutic Indication: Claims may specify use in particular indications, such as oncology, neurology, or infectious diseases.
- Delivery System: Emphasis on enhanced bioavailability, controlled release, or targeted delivery mechanisms.
- Manufacturing Innovation: Claims that detail novel processes for synthesis or formulation commonly extend patent life and prevent circumventions.
Patent Landscape in South Korea
1. Existing Patent Ecosystem
South Korea’s drug patent landscape is vibrant with national filings complementing international patent applications (notably via the Patent Cooperation Treaty, PCT). Patent KR20190112197 exists within a competitive environment characterized by:
- Active R&D: South Korean firms such as Samsung Bioepis, Celltrion, and SK Chemical actively innovate in biologics, biosimilars, and small molecules.
- Strong Patent Strategies: Companies seek broad claims to guarantee market exclusivity for innovative therapeutics.
- Freedom-to-Operate (FTO): The patent landscape for similar compounds or formulations involves local patents and global equivalents, necessitating detailed freedom-to-operate analyses.
2. Patent Family and Related Applications
The patent in question is likely part of a patent family extending to filings in key jurisdictions such as the US, EU, and China. Similar claims across jurisdictions enable global protection but also heighten the challenge for competitors seeking to develop equivalent products.
3. Prior Art and Patent Citations
A landscape search reveals prior art that includes earlier compositions and methods, which KR20190112197 must distinguish itself from. Patent applicants usually differentiate by structural modifications, specific formulations, or treatment protocols.
4. Overlaps and Oppositions
Post-grant opposition procedures in Korea serve as avenues to challenge overly broad claims or invalid prior art references. For this patent, potential challenges include prior art references that disclose similar compounds or methods.
Implications for Industry and Innovation
- Protection of Novel Drugs: The scope indicates a significant barrier against generic entry, especially if claims are broad enough to cover a wide class of molecules or methods.
- Infringement Risks: Competitors must carefully analyze the claims to avoid infringement, considering both literal and doctrine of equivalents.
- Research and Development Strategies: Companies aiming to develop similar drugs must consider designing around the patent claims, such as modifying chemical structures or delivery techniques.
- Patent Litigation and Licensing: The patent landscape’s intricacy presents opportunities for licensing agreements or patent enforcement, especially when the patent represents a critical element of a therapeutic pipeline.
Conclusion
KR20190112197 exemplifies a strategically crafted patent with potential for broad protection in the Korean pharmaceutical market. Its scope likely covers innovative compositions, delivery systems, and therapeutic methods, positioning its holder favorably against competitors. Nonetheless, the strength of its claims depends on how narrowly or broadly they are drafted relative to prior art.
Effective navigation of this patent landscape requires comprehensive analysis of related patents, prior art, and potential sublicense or litigation avenues. For innovators, understanding the nuances of claim scope and territorial patents informs licensing and R&D strategies, fostering sustainable competitive advantage.
Key Takeaways
- The patent's broad claims reinforce market exclusivity but demand defensible scope aligned with prior art.
- Strategic patent portfolio management enhances international protection and minimizes infringement risks.
- Continuous monitoring of national and international patent landscapes secures freedom-to-operate.
- Developing around narrow claims necessitates detailed structural or methodological modifications.
- Close collaboration with patent counsel and thorough prior art searches are critical in navigating complex patent environments like South Korea.
FAQs
1. How broad are the claims in KR20190112197?
The claims likely cover specific chemical compositions or methods, possibly with some breadth to include variants, though the exact scope depends on the language used in the independent claims.
2. Can this patent be challenged or invalidated?
Yes. Third parties can contest its validity through opposition or litigation, particularly if prior art evidence demonstrates lack of novelty or inventive step.
3. How does this patent impact generic drug development in South Korea?
It potentially extends market exclusivity, especially if claims are broad. Generics must design around or wait for patent expiry.
4. Is this patent enforceable internationally?
No, unless corresponding patents are filed and granted in other jurisdictions. It is specific to South Korea.
5. What strategies can competitors employ concerning this patent?
Competitors can analyze claim language to develop non-infringing alternatives, file counter-patents, or seek licensing agreements.
Sources
- Korean Intellectual Property Office (KIPO) Patent Database.
- World Intellectual Property Organization (WIPO).
- Patent filings and claims documentation associated with KR20190112197.
