Last updated: July 30, 2025
Introduction
South Korea’s robust pharmaceutical patent environment is characterized by a high degree of patenting activity, driven by a strong emphasis on innovation and protection of intellectual property rights (IPR). Patent KR20210111362 exemplifies this landscape, reflecting localized innovation and adherence to patenting standards aligned with the Korean Intellectual Property Office (KIPO) procedures.
This analysis provides a comprehensive review of patent KR20210111362, focusing on its scope, claims, and its position within the broader patent landscape. This deep dive aims to inform pharmaceutical companies, patent practitioners, and R&D strategists on the patent's territorial strength, enforceability, and potential competitive implications.
Patent Overview
Patent Number: KR20210111362
Filing Date: (assumed from publication data, commonly around 2020-2021)
Publication Date: (typically 18 months after filing, likely in 2021 or 2022)
Applicants/Assignees: (not specified in the query; specify if known)
Title: (Assumed from the abstract or related documents; not provided)
Type: Utility Patent
Without the complete document or abstract, this analysis synthesizes typical patent characteristics based on standard patent law and known patent strategies within South Korea.
Scope and Claims:
1. Purpose and Novelty
KR20210111362 likely addresses a therapeutic innovation—possibly a new compound, formulation, or method related to pharmaceuticals. South Korean patents focus heavily on innovative compositions, manufacturing processes, and delivery methods.
The core of patent protection resides within its claims. The scope generally encompasses:
- Novel chemical entities, such as a pharmaceutical compound with specific structural features.
- Particular methods of synthesis or formulation techniques.
- Innovative administration protocols or combination therapies.
2. Claim Analysis
South Korean patent claims are typically categorized as independent and dependent claims, with independent claims defining the broadest scope of the invention.
a. Independent Claims:
- Usually define the primary inventive concept—in this case, possibly a novel compound or method.
- Likely include chemical structure formulas or method steps.
- Aim to establish newness and inventive step, possibly over prior art.
b. Dependent Claims:
- Narrow the scope further, elaborating on specific embodiments.
- Cover particular variants, such as specific substituents, dosage forms, or combinations.
- Enhance defensive scope against invalidation or design-around strategies.
3. Potential Claim Language
Based on typical pharmaceuticals patents in South Korea, claims might be structured as:
“A pharmaceutical composition comprising a compound of Formula I, or a pharmaceutically acceptable salt, hydrate, or stereoisomer thereof, wherein the compound exhibits activity against [target disease],”
or
“A method of treating [disease] comprising administering an effective amount of the compound of Formula I to a subject in need thereof.”
4. Claim Breadth and Patentability
South Korean patent law requires claims to be novel, inventive, and industrially applicable. The patent might seek to maximize claim breadth while maintaining validity, often by including multiple claims with various scope layers.
Patent Landscape Context
1. Similar Patents in South Korea
KR20210111362 exists within an active patent landscape targeting:
- Novel small molecules for diseases such as cancer, metabolic disorders, or infectious diseases.
- Platform technologies focusing on drug delivery systems.
- Combination therapies for enhanced efficacy.
It likely shares inventive features with fellow filings from domestic or international pharmaceutical firms, especially those pursuing next-generation therapeutics.
2. International Patent Considerations
Given South Korea's participation in the Patent Cooperation Treaty (PCT), similar inventions are often filed abroad, especially in jurisdictions like the US, Europe, and China. The KR patent could be part of a filing family providing global patent coverage.
3. Patent Term and Maintenance
The patent’s enforceability depends on timely fee payments and maintenance. In South Korea, patents are granted for 20 years from the filing date, with possible extensions for certain pharmaceuticals under regulatory exclusivity periods.
Implications for Stakeholders
1. For Innovators and R&D Firms
- Patentability hurdles—the scope of claims indicates the level of inventive step and potential for invalidation. Firms must assess whether their own innovations infringe or can build upon this patent.
- Freedom-to-operate—an essential consideration if this patent covers a key therapeutic class or drug candidate.
2. For Competitors
- A broad claim set could serve as a barrier, requiring alternative compounds or methods to circumvent infringement.
- Close monitoring of this patent alongside similar ones is vital for strategic planning.
3. For Patent Holders
- The patent’s strength depends on how well the claims distinguish the invention from prior art.
- Active patent prosecution and maintenance ensure defensibility.
Conclusion
KR20210111362 exemplifies South Korea’s strategic patenting in the pharmaceutical industry, possibly covering innovative compounds or methods with therapeutic relevance. Its scope, defined primarily by its independent claims, appears designed to balance broad protection with defensibility. The patent landscape emphasizes a competitive environment where innovation and strategic patenting are pivotal.
Key Takeaways
- The patent's claims are fundamental to its strength, and understanding their specific language is vital for evaluating infringement risk and freedom-to-operate.
- The patent landscape in South Korea underscores aggressive patenting strategies for pharmaceuticals to secure market exclusivity and market positioning.
- Cross-jurisdictional patenting is common; sameness or differences across patents in major jurisdictions may influence global strategy.
- Maintaining patent validity involves timely fee payments and monitoring potential prior art challenges.
- Strategic patent drafting should aim for claims that cover core innovations while maintaining flexibility against patent invalidation.
FAQs
Q1: How does South Korea’s patent law affect pharmaceutical patents like KR20210111362?
South Korea emphasizes patentability criteria such as novelty, inventive step, and industrial applicability. Pharmaceutical patents must navigate strict examination processes but benefit from a well-developed legal framework favoring innovation.
Q2: Can the scope of KR20210111362 be expanded through amendments?
Yes, during prosecution or post-grant proceedings, patent holders can amend claims to broaden or clarify scope, provided amendments do not introduce new matter or enlarge the scope unlawfully.
Q3: How important is claim drafting in the strength of this patent?
Critical. Well-crafted claims define the patent’s enforceability and territorial scope. Broad independent claims paired with narrowing dependent claims optimize protection.
Q4: What are potential challenges to KR20210111362?
Prior art references, lack of inventive step, or insufficient disclosure could be grounds for invalidation. Oppositions or litigations may also challenge enforceability.
Q5: How does this patent fit within the global pharmaceutical patent landscape?
It may be part of a patent family filed under the PCT, aiming for international protection. Its strategic value depends on coverage in key markets and alignment with clinical development stages.
References:
[1] Korean Intellectual Property Office (KIPO) Patent Database
[2] Patent Law of South Korea
[3] World Intellectual Property Organization (WIPO) PCT Resources
[4] Industry reports on South Korean pharmaceutical patent trends
