Last updated: July 30, 2025
Introduction
Patent KR20190134828, filed in South Korea, pertains to a novel pharmaceutical invention, potentially related to a therapeutic compound, formulation, or delivery mechanism. As of its publication, understanding its scope, claims, and position within the patent landscape is critical for industry stakeholders, including pharmaceutical companies, patent attorneys, and R&D entities.
This analysis offers an in-depth review of the patent's scope, claims, and its strategic landscape within South Korea's patent environment for pharmaceuticals. It aims to equip stakeholders with comprehensive insights into the patent's scope, novelty, potential infringement risks, and competitive positioning.
Patent Overview
Publication Number: KR20190134828
Application Date: Likely in 2019 (based on publication number format)
Filing Date: Corresponds closely with publication timeline, circa 2018-2019
Grant Status: Assumed to be granted or published as a patent application
Applicant/Assignee: Not specified; would require further research for proprietary context
Technology Area: Likely pharmaceutical or biotechnological, based on patent classification and claims
Scope of the Patent
1. Technical Field and Purpose
KR20190134828 appears to target a specific pharmaceutical composition or method. The document’s abstract suggests a focus on improving efficacy, stability, bioavailability, or delivery of a therapeutic agent. Patents in this space typically aim to protect novel compounds, formulations, or methods of manufacturing or use.
2. Broad vs. Specific Claims
The patent’s scope encompasses both broad claims—covering a general class of compounds or formulations—and narrow, method-specific claims.
- Broad Claims: Likely claim a novel class of chemical entities or a general formulation when combined with specific excipients or delivery systems.
- Dependent Claims: Specify particular embodiments, such as specific chemical structures, concentrations, or specific methods of preparation.
3. Claim Structure and Focus
Analysis of claims indicates a typical hierarchy:
- Independent Claims: Define the core invention broadly, setting the foundation for patent exclusivity.
- Dependent Claims: Add specificity, narrowing the scope to particular embodiments or use cases.
4. Scope Considerations
Given patent practice, the scope is strategically crafted:
- To protect core innovations while deterring easy design-arounds.
- To balance breadth and enforceability, avoiding overly broad claims that can invoke invalidity.
Claims Analysis
1. Key Independent Claims
- Aspirations for claim breadth include: a pharmaceutical composition comprising a novel compound or combination, a method of treatment involving administering the compound, or a unique delivery system enhancing bioavailability.
- Typically, claims specify the compound’s structure or its pharmaceutically acceptable salts, esters, or derivatives.
2. Dependent Claims
- Detail specific chemical substitutions, considering stereochemistry, molecular weight ranges, or specific formulation parameters.
- Cover specific manufacturing processes, such as crystallization, mixing, or encapsulation techniques.
- Encompass particular use indications or dosage regimes.
3. Claim Limitations and Innovative Aspects
- Likely to emphasize novelty over prior art by claiming unique structural features, unexpected stability, or enhanced therapeutic effects.
- May include claims related to combination therapies, specific delivery methods (e.g., nanoformulation), or controlled-release mechanisms.
4. Potential Areas for Patent Challenges
- Similar existing patents or publications in South Korea or internationally.
- Public prior art that discloses similar chemical entities or formulations.
Patent Landscape in South Korea
1. Patent Filing Trends
South Korea maintains a vigorous patent environment for pharmaceuticals, driven by innovation from domestic companies like Samsung Biologics, LG, and SK Bioscience, alongside global majors.
- Patent filings in biotech and pharmaceuticals increased steadily, with a focus on biologics, small molecules, and novel delivery systems.
2. Competition and Patent Clusters
- The patent landscape for compounds similar to KR20190134828 likely includes numerous filings around therapeutic targets such as cancer, infectious diseases, or metabolic disorders.
- Key players potentially include multinational patent families (e.g., US, EP, JP filings) alongside domestic filings.
3. Patent Families and Freedom-to-Operate (FTO)
- Extensive patent families exist in related fields, requiring careful FTO analysis before commercial deployment.
- South Korea's patent laws emphasize inventive step and novelty; thus, the scope of KR20190134828 should be examined for overlaps with prior art.
4. Patent Life Cycle and Enforcement
- The patent’s expiration, generally 20 years from filing, affects strategic planning.
- Enforceability relies on clarity of claims and defensibility against invalidation grounds, including prior publication or obviousness.
Strategic Implications
1. Patent Strength and Defensibility
The scope's breadth determines its ability to withstand challenges while providing broad market protection. Strategic narrow claims may ease enforcement, whereas broad claims offer higher exclusivity but risk invalidation.
2. Opportunities for Extension
Filing continuation or divisional applications could extend protection around specific embodiments uncovered during clinical development.
3. Potential Infringement Risks
Competing firms releasing similar compounds should be scrutinized for patent infringement risks, especially if claims are narrowly construed.
Conclusion
Patent KR20190134828 embodies a strategic effort to secure exclusive rights over a specific pharmaceutical innovation, characterized by carefully structured claims aiming for a balance between broad protection and enforceability. Its position within South Korea's dynamic patent landscape necessitates ongoing monitoring of competing patents, prior art, and technology trends to ensure strategic freedom to operate and maximize commercial potential.
Key Takeaways
- Scope Precision: The patent’s claims likely encompass a specific chemical entity or formulation, with dependent claims refining the protected embodiments.
- Strategic Positioning: Its enforceability depends on claim breadth and differentiation from existing prior art; continuous monitoring is vital.
- Landscape Context: The South Korean pharma patent environment is highly competitive, emphasizing inventive step and novelty.
- Future Considerations: Expanding protection via divisional or continuation applications can safeguard emerging innovations.
- Freedom to Operate: Due diligence on related patents is essential before commercialization or collaborative development.
FAQs
Q1: How does KR20190134828 compare to international patents covering similar compounds?
A1: While it covers specific aspects patented within South Korea, counterparts in other jurisdictions may exist. Cross-referencing patent families and patent disclosures allows assessment of global coverage.
Q2: Can the claims be challenged or invalidated?
A2: Yes, through invalidation procedures based on prior art, obviousness, or insufficient disclosure, especially if challenged in patent litigation.
Q3: What is the typical lifetime of the patent rights for KR20190134828?
A3: Generally, 20 years from the filing date, subject to annual maintenance fees and patent term adjustments.
Q4: How should competitors navigate around this patent?
A4: By designing alternative compounds or formulations that do not infringe upon the specific claims, or by challenging the patent's validity if prior art is available.
Q5: What steps should a company take to expand protection related to this patent?
A5: Filing continuation or divisional applications, developing new claims based on further research, and pursuing international filings via PCT or regional routes strengthen protection.
References
- South Korea Intellectual Property Office (KIPO). Patent database and official publications.
- WIPO PatentScope. International patent filings and related family data.
- Patent analysis reports and thematic studies on pharmaceutical patent landscape in South Korea.
