Last updated: August 20, 2025
Introduction
South Korea’s patent KR20200135465 pertains to a novel pharmaceutical invention. As with any patent, its scope and claims define the enforceable commercial rights, and understanding its landscape is crucial for stakeholders—including pharmaceutical companies, generic manufacturers, patent attorneys, and R&D entities. This analysis explores the patent’s claims, scope, and its positioning within the current patent landscape in Korea and globally.
Patent Overview
Patent KR20200135465, filed in South Korea, appears to concern a specific compound, formulation, or process relevant to a pharmacological application. The patent’s priority dates, filing dates, and title are fundamental to understanding its legislative standing but are not explicitly provided here. The key focus is on its claims and their breadth, which determine its potential market exclusivity and the degree of freedom for competitors.
Scope and Claims Analysis
1. Claims Structure and Types
The patent comprises multiple claims structured into independent and dependent claims. Independent claims delineate the broadest scope—often covering the core compound, method, or formulation—while dependent claims specify particular embodiments, such as concentration ranges, dosage forms, or manufacturing procedures.
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Independent Claims:
Likely cover the novel compound, its chemical structure, or a unique method of synthesis, potentially broadening protection across various formulations or intermediates.
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Dependent Claims:
Narrower claims might specify specific salts, polymorphs, or delivery methods, providing layered protection.
2. Claim Language and Exclusivity
The language’s precision determines enforceability:
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Structural language:
Use of chemical formulas or Markush structures enhances breadth, allowing the patent to cover variants sharing key elements.
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Method claims:
If present, method claims can extend protection to processes of manufacturing or administering the compound.
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Use claims:
The inclusion of therapeutic use claims broadens market scope, especially in medical indications.
While specific claim wording is not available here, an effective patent on pharmaceuticals generally combines compound claims with formulation and use claims to maximize coverage.
3. Scope and Breadth
The patent’s scope hinges on how well it balances breadth with clarity. Overly broad claims risk invalidation, especially if prior art anticipates or renders the claims obvious. Conversely, narrowly tailored claims may limit enforceability.
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Chemical novelty:
If the compound is novel in structure or function, the independent claims likely enjoy wide protection.
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Method of synthesis:
If claimed, this could prevent competitors from manufacturing similar compounds using the same process.
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Therapeutic application:
Claims covering uses in specific diseases significantly influence patent life, especially if the medical indication is inventive.
4. Claim Allowance and Patentability
The patent’s patentability depends on prior art in South Korea and internationally. Known compounds or methods may limit claims, while unique combinations or functions enhance protectability.
Patent Landscape in South Korea and Globally
1. Korean Patent Environment
South Korea has a vibrant pharmaceutical patent landscape, with robust patent examination procedures aligned with international standards. The Korean Intellectual Property Office (KIPO) emphasizes assessing novelty, inventive step, and industrial applicability.
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Existing patents and prior art:
The landscape includes prior patents concerning similar compounds, formulations, and delivery methods. The patent office’s prior art searches likely considered international databases like WIPO’s Patentscope, USPTO records, and other Asian filings.
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Patent term and supplementary protection:
Given the recent filing (assuming in 2020 or 2021), the patent’s expiry is expected around 2040, considering 20-year term from filing, barring extensions or supplementary protections.
2. International Patent Landscape
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Similar patents in other jurisdictions:
The invention may have counterparts filed in patent offices such as USPTO, EPO, and China’s SIPO. The extent of patent families sharing similar claims depends on strategic filing decisions by the patent applicant.
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Patentability considerations:
Variations in patent laws—particularly on pharmaceutical patentability—impact whether the claims are upheld or challenged during litigation or patent office proceedings.
3. Competitive Landscape
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Major players:
Global pharmaceutical firms and generic manufacturers aim to carve out market space via patent filings.
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Patent litigation and challenges:
Korean courts and patent tribunals have a history of scrutinizing pharmaceutical patents rigorously, especially concerning obviousness and inventive step. The patent’s robustness against such challenges determines its commercial viability.
Implication for Market and R&D
The patent’s scope constrains competitors from developing similar compounds or formulations in Korea. Pharmaceutical innovators must navigate around this patent if they seek to develop alternative therapies, possibly via designing structurally distinct compounds or alternative delivery routes.
Furthermore, if the patent claims cover a broad chemical class or therapeutic use, it could significantly impact patent clearance and licensing strategies in the region. Conversely, narrow claims limit the patent’s enforceability.
Innovative Aspects and Strategic Positioning
Assuming the ligand, compound, or process is indeed novel, the patent bestows a strategic advantage in the highly competitive Korean pharmaceutical market. Its scope informs R&D directions: either aligning research to avoid infringement or leveraging the patent for licensing or partnership negotiations.
Conclusion
KR20200135465 appears to establish a comprehensive patent covering specific pharmaceutical formulations or compounds with considerable scope. Its validity hinges on the oral conduct of patentability criteria and prior art landscape, while its enforceability depends on claim clarity and breadth. Companies should continuously monitor similar patents and analyze potential freedom-to-operate or licensing opportunities stemming from this patent.
Key Takeaways
- The patent likely covers a novel compound, formulation, or method with strategic importance in South Korea’s pharmaceutical landscape.
- Broad claim language enhances market exclusivity but invites scrutiny; narrow claims limit scope.
- The South Korean patent environment provides a rigorous, high-standard setting, emphasizing novelty and inventive step.
- The global patent landscape for similar inventions influences the patent’s strength and potential challenges.
- Stakeholders must evaluate the patent’s claims carefully to facilitate licensing, R&D, and infringement avoidance strategies.
FAQs
Q1: How can companies assess whether KR20200135465 infringes on their existing patents?
A comprehensive patent landscape analysis—including reviewing the claims’ language, chemical structures, and intended uses—is essential. Patent attorneys typically perform freedom-to-operate searches to identify overlapping claims and prior art.
Q2: What strategies exist for developing alternative therapies around this patent?
Innovation in chemical structure, differing synthesis methods, or alternative delivery systems may circumvent the patent, especially if claims are narrowly scoped. Consulting patent counsel for validity and infringement analyses is advised.
Q3: How does South Korea’s patent system differ from other jurisdictions for pharmaceuticals?
South Korea employs a rigorous examination process aligned with TRIPS, with particular emphasis on inventive step and prior art. It also offers patent extensions for pharmaceuticals under certain conditions, similar to other major jurisdictions.
Q4: What is the typical patent term for pharmaceuticals in South Korea?
Standard patent terms are 20 years from the filing date. Supplementary protections, such as Patent Term Extensions (PTE), may be available if regulatory approval delays impact market life.
Q5: How can patent holders defend KR20200135465 against invalidation?
By demonstrating novelty and inventive step through detailed experimental data, and maintaining clear, specific claims, patent owners can effectively counter invalidation attempts during opposition or litigation proceedings.
Sources:
- Korean Intellectual Property Office (KIPO). Patent Search Portal.
- World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) Search.
- KIPO Examination Guidelines.
- OECD Patent Data Publications.
- Relevant case law on pharmaceutical patents in South Korea.
