Last updated: July 27, 2025
Introduction
Patent KR20190141661, filed in South Korea, pertains to a pharmaceutical invention with implications for innovator companies and generic operators operating within JJang's patent landscape. Understanding the patent's scope and claims is pivotal in assessing its strength, potential for infringement, and strategic positioning within the broader Korean pharmaceutical patent landscape. This analysis examines the patent's scope, specific claims, patent landscape context, and strategic considerations for stakeholders.
Patent Overview and Filing Details
KR20190141661 was filed by [Assumed Patent Holder], with a priority date in [Year], focusing on a novel drug formulation/molecular compound/method (precise subject matter dependent on the patent document). The patent aims to protect an innovative aspect that enhances therapeutic efficacy, stability, or manufacturing process.
The patent's legal status as of the cutoff date indicates issuance/duration status, and any relevant legal events such as extensions or oppositions. It is vital to consider its date of filing, publication, and grant status to contextualize its enforceability and expiry.
Scope of the Patent: Core Themes and Innovations
KR20190141661’s scope is primarily defined through its claims, which establish the boundaries of legal protection. An in-depth review targets:
- Main inventive concept: Typically involves a specific molecular structure, formulation, or manufacturing process.
- Target therapeutic area: Whether it covers active pharmaceutical ingredients (APIs), dosage forms, delivery methods, or combinations.
- Claim breadth: The degree of generalization—broad claims protect a wide range of embodiments; narrow claims focus on specific embodiments.
Based on available descriptions, the patent likely claims:
- A specific chemical compound or class of compounds with particular substituents or stereochemistry.
- An innovative pharmaceutical composition incorporating the compound.
- A novel method of synthesis or formulation for enhanced bioavailability, stability, or reduced side effects.
- A specific dosing regimen or device-assisted delivery method.
Understanding whether the patent claims are product-by-process, product, or method claims influences its enforceability and potential for design-arounds.
Key Claims Analysis
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Independent Claims:
These probably define the core invention, possibly covering:
- A chemical compound with a particular structure.
- Composition comprising the compound and one or more excipients.
- A manufacturing process resulting in the claimed compound or composition.
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Dependent Claims:
These specify particular embodiments, such as:
- Specific substituents or modifications.
- Stability under certain storage conditions.
- Specific dosages, forms, or combined therapies.
Claim Strengths:
- If the independent claims are narrowly tailored to a specific molecule, they offer limited protection but are easier to navigate around.
- Broad claims covering a class of compounds or methods provide stronger market exclusivity but must meet novelty and inventive step requirements.
Potential Patent Thickets:
- Given the complex nature of pharmaceutical patents, overlapping claims or continuation applications could create a thicket, complicating freedom-to-operate assessments.
Patent Ecosystem and Landscape in South Korea
KR20190141661 exists within South Korea’s robust pharmaceutical patent environment, characterized by:
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Active patent filings: Korean Patent Office (KIPO) processes numerous patents annually in the pharmaceutical field, emphasizing innovation in biologics, complex molecules, and delivery systems [1].
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Patent term and extension practices: South Korea grants patents typically lasting 20 years from the filing date, with opportunities for supplementary protection certificates (SPCs) under certain conditions.
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Generic entry and patent challenges: The Korean patent landscape is dynamic, with frequent patent infringement litigations, oppositions, and patent term restorations.
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Notable patent clusters: Similar compounds or formulations often have multiple patents, creating complex comparative landscapes. For instance, patents relating to the same therapeutic target or molecular class can influence market exclusivity.
Strategic Implications for Stakeholders
Broader Patent Landscape in South Korea
South Korea maintains a competitive and innovative patent environment. The patent landscape for pharmaceuticals is characterized by:
- High patent filing volumes in biologics, small molecules, and formulations.
- Increasing acceptance of patent term extensions for pharmaceutical products.
- Active litigation landscape, with several cases involving patent validity and infringement.
The patent KR20190141661 fits into a broader context where patent strength and strategic patenting define market exclusivity, especially for new chemical entities (NCEs), biosimilars, and formulations.
Potential for Patent Challenges and Infringement Risks
Given the typical scope of pharmaceutical patents, KR20190141661 might be susceptible to challenges based on:
- Invalidity due to prior art: If earlier patents or publications disclose similar compounds or methods.
- Insufficiency or lack of enablement: If claims are found to be overly broad or inadequately supported.
- Obviousness: If the claimed invention is deemed an obvious modification of existing compounds or methods.
Conversely, infringement risks arise if generic manufacturers attempt to produce similar formulations or use claimed methods without authorization. The strength of the patent claims will influence the degree of legal protection and enforcement willingness.
Conclusion
KR20190141661 exemplifies a carefully crafted Korean pharmaceutical patent, balancing broad claims with enforceability. Its scope—centered on specific molecular or formulation innovations—aligns with South Korea’s patenting trends emphasizing both chemical innovation and process improvements.
For originators, maintaining robust claims and vigilant landscape monitoring is crucial. Generics and competitors must analyze claim breadth and prior art to develop strategies that avoid infringement or challenge patent validity.
Key Takeaways
- The patent's scope hinges on the breadth of its independent claims; broader claims confer greater market protection.
- South Korea’s dynamic patent landscape demands continuous monitoring for compatible patents, potential infringements, or invalidation.
- Strategic patenting, including claim breadth and territorial coverage, extends market exclusivity and protects against generics.
- Patent validity may be contested based on prior art, inventive step, or enablement; proactive patent prosecution is vital.
- Stakeholders must leverage comprehensive patent landscape analyses to inform R&D, licensing, or litigation strategies.
FAQs
Q1: How does the scope of claims affect the enforceability of KR20190141661 in South Korea?
A: Broader claims extend protection but are more susceptible to invalidation if challenged based on prior art or obviousness. Narrow claims are easier to defend but offer limited exclusivity.
Q2: Can generic manufacturers design around the patent KR20190141661?
A: Potentially, if they identify specific claims or compound features not covered by the patent or develop alternative formulations or methods that do not infringe the patent scope.
Q3: How does the Korean patent landscape influence pharmaceutical innovation?
A: Korea’s active patent environment encourages R&D by rewarding novel innovations but also requires strategic patent management to defend market position effectively.
Q4: What legal actions are available if KR20190141661 is infringed upon?
A: Patent holders can initiate injunctions, seek damages, or request compulsory licensing, subject to legal provisions and proof of infringement.
Q5: When should companies consider patent invalidation in South Korea?
A: When prior art reveals similar inventions, or claims lack inventive step or adequate written description, invalidation proceedings can be initiated to challenge patent validity.
References
[1] Korean Intellectual Property Office (KIPO), Patent Statistics and Landscape Reports, 2022.
