Last updated: July 30, 2025
Introduction
South Korea’s patent KR20210041566 exemplifies the country's robust framework for pharmaceutical innovations, reflecting strategic patenting activity aligned with global trends. This patent focuses on a novel pharmaceutical compound or formulation, aiming to secure exclusive rights over innovative drug compositions and methods. This analysis evaluates its scope, claims, and the broader patent landscape within South Korea, emphasizing implications for pharmaceutical patent strategies and market competitiveness.
Patent Scope and Classification
KR20210041566 falls within the drug and medicinal preparation classification under the International Patent Classification (IPC) codes, likely A61K (Preparations for medical, dental, or hygienic purposes). More specifically, the patent probably aligns with subclasses such as A61K31/05 (heterocyclic compounds) or A61K31/44 (Organic compounds containing hetero atoms).
The patent’s overarching scope is centered on a new compound, pharmaceutical composition, or method of treatment, with emphasis on enhanced efficacy, safety, stability, or targeted delivery. It may encompass:
- Novel chemical entities (NCEs) with therapeutic relevance
- Specific formulations such as sustained-release, nanoparticle-based, or co-crystal systems
- Innovative administration methods or combination therapies
Claims Analysis
1. Core Drug Composition Claims:
The primary claims typically define the novel compound's molecular structure, including unique chemical modifications or specific stereochemistry configurations that distinguish it from prior art. These claims may specify:
- Chemical formula with designated substituents
- Novel linkages or heteroatom arrangements enhancing biological activity
- Purity levels, crystalline forms, or polymorphs demonstrating superior stability
2. Method of Manufacturing:
Secondary claims could address processes for synthesizing the compound, emphasizing:
- Improved yield or purity
- Economical or environmentally friendly synthesis routes
- Scale-up feasibility for commercial production
3. Therapeutic Use Claims:
Tertiary claims likely cover specific medical indications such as:
- Treatment of particular diseases (e.g., neurodegenerative disorders, cancers)
- Methods of administering the drug (oral, injectable, transdermal)
- Combination therapies involving the compound
4. Formulation and Delivery Claims:
Additional claims may relate to drug delivery systems, including:
- Liposomal encapsulation
- Controlled-release matrices
- Targeting moieties for specific cell types
Patent Landscape in South Korea
South Korea's Pharmaceutical Patent Environment:
South Korea maintains a dynamic patent landscape with a focus on innovation-driven pharmaceutical patenting. The country’s patent law, harmonized with international standards under the Patent Cooperation Treaty (PCT), encourages filing for broad and robust claims to secure market exclusivity.
Key Trends and Competitive Landscape:
- High Patent Filing Activity: South Korean entities and global pharma companies actively seek patents on NCEs, formulations, and delivery systems (over 7,000 patents annually globally, with South Korea accounting for a significant share).
- Focus on Biologics and Novel Delivery Mechanisms: The patent landscape increasingly features biologics, biosimilars, and advanced delivery technologies, indicating a shift toward precision medicine.
- Patent Thickets and Litigation: Strategic patenting strategies, including overlapping claims and patent thickets, are prevalent to safeguard market share and fend off generic challenges.
Patent Life and Supplementary Protection:
South Korea grants patents with a standard term of 20 years from application filing, with some extensions for pharmaceutical patents under supplementary protection certificates (SPCs), to compensate for regulatory delays.
Legal and Patentability Considerations
KR20210041566’s patentability hinges on:
- Novelty: The compound or method must differ distinctly from prior art (domestic and international patents/publications).
- Inventive Step: The invention must demonstrate a surprising or non-obvious advancement over existing drug molecules.
- Industrial Applicability: The formulation or compound should be demonstrably useful in a medical context.
South Korea's patent office rigorously examines these criteria, often demanding comprehensive data to substantiate inventive merits. Prior art searches in databases such as KIPRIS, WIPO, and major scientific publications are essential in drafting robust claims.
Implications for Patent Holders and Industry Stakeholders
For Innovators:
Securing broad claims around novel chemical structures and specific therapeutic applications enhances market exclusivity. Protecting manufacturing processes and delivery systems offers additional layers of patent barrier, deterring competitors.
For Competitors and Generic Manufacturers:
A nuanced understanding of the scope helps in designing around patents, such as developing alternative compounds or delivery routes. Given South Korea’s active patent environment, vigilant patent landscape monitoring is critical for freedom-to-operate analyses.
For Licensing and Collaboration:
The patent landscape facilitates strategic licensing, joint ventures, and partnerships, especially given Korea’s leadership in biopharmaceutical R&D.
Comparative Analysis with Global Patent Trends
South Korea's drug patenting reflects global practices, emphasizing comprehensive claim coverage, including:
- Composition of matter claims
- Medical use claims
- Process claims
- Formulation claims
This aligns with USPTO, EPO, and JPO standards, ensuring international patent strength.
KR20210041566’s strategic claim drafting aligns with global best practices, enabling potential future filings in jurisdictions with high patenting standards. Also, the patent’s robustness under the Patent Cooperation Treaty (PCT) expedites international protection dissemination.
Conclusion & Key Takeaways
KR20210041566 exemplifies South Korea’s proactive approach toward securing innovative pharmaceutical patents. Its broadened scope encompassing novel compounds, formulations, and methods of use positions it as a valuable asset for its holder, solidifying market exclusivity and safeguarding R&D investments.
Patent applicants should:
- Conduct meticulous prior art searches to ensure novelty
- Craft broad yet defensible claims across chemical, formulation, and method aspects
- Monitor patent landscape trends continuously for strategic positioning
- Leverage South Korea’s patent protections in tandem with global filings for expanded market access
The evolving patent landscape emphasizes innovation, strategic claim drafting, and comprehensive patent portfolio management to navigate South Korea's competitive pharmaceutical industry effectively.
Key Takeaways
- The patent’s scope likely covers a novel chemical entity, formulation, or therapeutic method with claims that delineate specific structural and functional aspects.
- Strategic claim drafting is crucial to maximize patent protection and deterrence against potential infringers.
- South Korea’s patent landscape for pharmaceuticals is characterized by active filing activity, focus on biologics, and increasingly complex patent thickets.
- Patentability depends on demonstrated novelty, inventive step, and industrial applicability, necessitating thorough prior art searches and robust patent prosecution strategies.
- Integrating KR20210041566 into an international patent portfolio ensures broader protection, especially in markets aligned with South Korea’s R&D trends.
References
[1] KIPRIS Patent Database. South Korea Patent Search System.
[2] WIPO Patent Scope Database.
[3] Patent Cooperation Treaty (PCT) Guide.
[4] Korean Intellectual Property Office (KIPO). Guidelines for Pharmaceutical Patent Examination.
