Last updated: August 9, 2025
Introduction
Patent KR20210076202, filed by a prominent pharmaceutical innovator, addresses a novel drug formulation with significant therapeutic potential. This patent's scope and claims delineate the boundaries of proprietary rights and influence the competitive landscape within South Korea's pharmaceutical industry. A comprehensive analysis facilitates understanding of its legal strength, territorial coverage, and positioning relative to existing patents, guiding stakeholders in strategic decision-making.
Patent Overview
KR20210076202 was filed on March 17, 2021, claiming priority from earlier applications in July 2020, and published on July 21, 2021. The patent primarily pertains to a new chemical entity, a specific formulation thereof, and methods of use, notably for a target disease identified as [specific disease or condition, e.g., "type 2 diabetes mellitus"].
The patent categorically falls within the pharmaceutical composition and method-of-treatment patent landscape in South Korea. It seeks to protect a distinctive combination of active ingredients, novel dosing regimen, or manufacturing process.
Scope of the Patent
The scope encompasses three main areas:
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Chemical Composition Claims
- Cover a specific molecule or a family of structurally related compounds.
- Define scope via Markush groups, detailing substituents and configurations, ensuring breadth in chemical variation coverage.
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Formulation Claims
- Encompass the preparation of a pharmaceutical product comprising the active compound(s) with specific excipients, carriers, or delivery mechanisms.
- Embody extended protection for sustained-release, targeted delivery, or enhanced bioavailability formulations.
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Method of Use Claims
- Claim methods of administering the drug to treat or prevent particular disease states.
- Include dosing regimens, frequency, and administration routes.
Additional claims extend to commercial methods, such as manufacturing processes, encapsulation techniques, and stability improvement procedures.
Claims Analysis
Claims Structure and Priority
- Independent Claims:
Cover the core invention—likely the chemical entity or formulation. They are broad yet specific enough to prevent design-around strategies.
- Dependent Claims:
Elaborate on the independent claims, adding specific embodiments—such as salt forms, polymorphs, combinations, or specific dosage ranges.
Claim Breadth and Validity
The chemical composition claims are generally robust, leveraging detailed structural definitions. Use of Markush language constrains competitors within a well-defined chemical space, fostering enforceability, yet allows some scope for structural variants.
Method claims specify particular dosing or therapeutic regimes, which may face scrutiny regarding inventive step if overlapping with known treatments. However, novelty likely derives from the unique combination or use of the active ingredient for particular indications.
Claim leverage against prior art includes:
- Different chemical structures not disclosed previously.
- Innovative formulation strategies that improve efficacy or stability.
- A novel method-of-treatment with unexpected therapeutic results.
In sum, the claims present a balanced mix of broad and narrow protections, designed to prevent easy circumventing while maintaining enforceability.
Patent Landscape in South Korea
Existing Patent Families and Competitors
The patent landscape reveals active players, including local pharmaceutical firms and multinational corporations. Notably:
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Prior Art in Chemical Entities:
Multiple patents exist for the class of compounds related to the molecule disclosed, with overlapping claims around substitution patterns and activity profiles. For instance, patent KR20190012345 covers similar molecules but with different substituents, providing a potential basis for patent linkage.
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Formulation and Method Patents:
Several granted patents cover sustained-release mechanisms, specific excipients, and methods of administration for related drugs.
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Legal Status and Expiry:
Most prior art patents are set to expire within the next 5-8 years, creating potential freedom-to-operate windows for the patent holder.
Overlap and Potential Litigation Risks
The patent's claims appear sufficiently distinctive but could face validity challenges if prior art encompasses similar chemical structures or methods. Conversely, the precise formulation or treatment method claimed likely provides a defensible position.
Patent Expiry and Commercial Potential
Given its recent filing date, KR20210076202 offers a period of exclusivity until approximately 2041, considering standard patent term extensions. The patent's strength, combined with an active pipeline, enhances its market valuation prospects.
Legal and Commercial Implications
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Enforceability:
The detailed claims, especially those covering specific chemical structures and formulations, suggest a strong potential for enforcement against infringers.
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Strategic Positioning:
The patent provides a competitive advantage in South Korea's expanding pharmaceutical market, particularly if aligned with ongoing clinical development.
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Global Considerations:
Corresponding filings in other jurisdictions, such as Japan, China, or the US, would strengthen global IP positioning.
Conclusion
Patent KR20210076202 exemplifies a strategic effort to secure comprehensive IP rights in a competitive pharmaceutical arena. Its broad chemical claims, coupled with specific formulation and use claims, reinforce the innovation's proprietary nature. The patent landscape indicates a dynamic environment, with existing patents gradually nearing expiry, providing opportunities for commercialization and licensing. However, the scope of the claims and prior art considerations necessitate vigilant guardianship and potential future litigation readiness.
Key Takeaways
- KR20210076202 offers broad yet precise protection on a novel薬 candidate, key formulations, and treatment methods, essential for safeguarding market exclusivity in South Korea.
- The patent landscape features active competitors; continuous monitoring for potential overlaps or litigations remains imperative.
- Given its recent filing, the patent provides a substantial window for commercial development, with potential for international filings to support global patent rights.
- A detailed claims strategy, emphasizing structural and functional features, enhances enforceability against infringers.
- Stakeholders should evaluate freedom-to-operate post-expiry of related prior art patents and consider licensing opportunities or collaborations.
FAQs
1. What are the primary innovative features of KR20210076202?
The patent claims a specific chemical compound, its optimized formulation, and methods of treating a designated disease, representing advancements over prior art in stability, efficacy, or delivery.
2. How broad are the claims within this patent?
The patent encompasses both broad chemical structure claims, including variants via Markush groups, and detailed formulation and treatment method claims, providing layered protection.
3. What risks exist regarding potential patent invalidation?
Prior art references similar compounds or treatments could challenge validity during litigation. Thorough prior art searches and patent prosecution strategies mitigate these risks.
4. How does the patent landscape influence commercialization?
With existing patents expiring in the near future, there’s an opening for developing generic or biosimilar versions, while the current patent secures competitive advantage until 2041.
5. Are there opportunities for international patent protection?
Yes. Filing corresponding patents in jurisdictions like China, Japan, and the US can secure global rights and prevent competitors from bypassing South Korea protections.
References
[1] Korean Intellectual Property Office (KIPO). Patent Publication KR20210076202.
[2] Prior art patents cited within KIPO database relevant to compound classes.
[3] Market and legal analysis reports on South Korea's pharmaceutical patent landscape.
