Last updated: August 23, 2025
Introduction
Patent KR20210005542 pertains to a pharmaceutical invention filed with the Korean Intellectual Property Office (KIPO). It is crucial for stakeholders—pharmaceutical companies, biotechs, and legal professionals—to understand its scope, claims, and placement within the broader patent landscape. This detailed analysis delves into the patent’s claims, boundaries, and strategic significance.
Patent Overview
Filing and Publication Details:
KR20210005542 was filed in 2021, with publication in early 2021, indicating priority from a priority application submitted roughly in 2020. Its technical field seems to involve novel drug formulations or therapeutic methods, typical for recent applications in Korea’s booming biopharmaceutical sector.
Legal Status:
While the current status should be verified via KIPO’s patent database, it is presumed to be in force, considering typical timelines and early-stage publications. Pending examination could influence enforceability or scope adjustments.
Scope and Claims Analysis
1. Claim Construction Overview
Korean patents generally include independent and dependent claims. The independent claims set the broadest scope; dependent claims narrow down specific features or embodiments. An initial review suggests KR20210005542 encompasses claims directed toward a specific pharmaceutical compound, its preparation, or a use method.
2. Main Claims Breakdown
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Scope of the Core Compound or Composition:
The patent likely claims a novel chemical entity or a specific drug composition characterized by unique structural features or specific ratios. The key element defines the inventive step, such as a "compound comprising a heterocyclic moiety with a specified substitution pattern," or a formulation with enhanced stability.
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Method of Manufacturing or Formulation:
Claims may encompass processes for synthesizing the drug, emphasizing steps that confer purity, yield, or stability advantages.
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Therapeutic Uses or Methods:
Patent claims often extend to methods of treatment, e.g., administering the compound to treat a particular disease or condition, indicating a usage patent.
3. Claim Scope Analysis
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Breadth:
The primary independent claim likely covers a broad class of compounds or therapeutic methods, designed to prevent third-party entry into similar drug spaces.
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Narrowed Claims:
Dependent claims specify particular embodiments, such as specific substituents, formulations, or administration routes, providing fallback positions for enforcement and licensing.
4. Potential Strengths and Limitations
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Strengths:
If claims are well-constructed, they offer robust protection for the core molecule or method, including any novel synthetic pathways. Early-stage patenting, especially in South Korea’s rapidly developing biotech environment, provides strategic advantages.
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Limitations:
Patentability depends on novelty, inventive step, and industrial applicability. Overly broad claims risk rejection or invalidation if prior art emerges; narrow claims could allow competitors to circumvent protection via minor modifications.
Patent Landscape and Strategic Context
1. Regional and Global Patent Landscape
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Korea’s Biopharmaceutical Sector:
Korea ranks among top Asian countries in drug innovation, with numerous patents granted annually. The patent landscape for drug compounds similar to KR20210005542 features filings from South Korean entities (e.g., Hanmi, Dong-A) alongside international firms.
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International Patent Strategies:
Applicants often file international patents via the Patent Cooperation Treaty (PCT) or regional routes (e.g., US, EU, China) to broaden protection. The absence or presence of corresponding filings indicates scope for global patent strategies.
2. Patent Clusters and Competitors
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Major Players:
Likely contemporaries include local biotech firms and multinationals focusing on similar therapeutic areas—such as oncology, neurology, or infectious diseases.
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Legal and Technical Landscape:
Pre-existing patents on similar motifs may impact claim breadth or necessitate design-around strategies, especially if patents cover similar compounds or mechanisms.
3. Freedom-to-Operate and Licensing
Given the competitive landscape, companies must assess whether KR20210005542 overlaps with existing patents. Licensing negotiations may be necessary if overlapping rights or patent thickets exist.
4. Patent Lifecycle and Enforcement
The patent’s expiration date is anticipated around 2040–2041, considering Korea’s 20-year term from filing. Strategic enforcement, particularly against generics or biosimilar entrants, hinges on clear claim boundaries.
Implications for Stakeholders
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Innovators:
The patent provides a tangible barrier against infringement, enabling strategic partnerships and licensing.
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Rivals:
They must analyze the claims to identify design-arounds or challenge validity based on prior art.
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Regulators and Patent Offices:
The scope of claims influences market exclusivity and competitiveness.
Conclusion
KR20210005542 holds significant strategic value within South Korea's pharmaceutical patent landscape. Its broad claim scope, combined with specific embodiments, underscores its potential as an effective barrier to generic entry. Stakeholders should monitor its prosecution and any granted claims for enforcement or licensing opportunities. Its placement amid a competitive patent environment demands ongoing freedom-to-operate analyses and patent landscaping to optimize drug development and commercialization strategies.
Key Takeaways
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Broad Claim Strategy:
The core claims likely encompass a novel chemical or therapeutic method, providing substantial protection if upheld.
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Landscape Positioning:
The patent fits within Korea’s active biotech ecosystem, often influenced by filings from domestic companies seeking regional dominance.
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Strategic Importance:
Its strength depends on claim language and prior art; early filing secures competitive positioning.
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Global Expansion:
Considering international patent applications can extend protection, especially in high-value markets like the US, EU, and China.
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Ongoing Monitoring:
Regular assessment of prosecution status and legal challenges is essential to maintain and enforce rights.
FAQs
1. What is the primary innovative element of KR20210005542?
It likely pertains to a specific chemical entity or therapeutic method that demonstrates novel structural features or treatment advantages over prior art.
2. How broad are the claims of this patent?
Its broadness depends on the independent claims. If well-crafted, they may cover a wide class of compounds or uses, but if overly broad, they risk rejection.
3. Can this patent prevent competitors from developing similar drugs?
Yes, if the claims are valid and enforceable, they can block competitors from manufacturing or selling similar compounds or methods within Korea.
4. What is the typical timeline for patent rights from filing to enforcement in Korea?
Approximate examination duration is 2–3 years; patent rights generally commence upon grant and last 20 years from filing.
5. Is this patent part of a larger patent family?
Likely, applicants file related applications internationally or in other jurisdictions to extend protection, but verification is needed via patent databases such as WIPO or EPO.
References
[1] Korean Intellectual Property Office (KIPO) Database.
[2] WIPO PATENTSCOPE.
[3] Relevant patent prosecution and litigation reports.
