Last updated: November 8, 2025
Introduction
South Korea's patent system plays a pivotal role in safeguarding innovative pharmaceuticals, facilitating R&D investment, and fostering a competitive industry landscape. Patent KR20220113436, granted or published in 2022, pertains to a novel drug invention, involving specific compounds, formulations, or methods. A thorough analysis of its scope, claims, and the broader patent landscape provides insights into its strength, strategic positioning, and potential competitive impact.
Scope and Claims of KR20220113436
1. Patent Publication Details
KR20220113436 was published in 2022, indicating a relatively recent entry into the patent landscape. While Vietnamese patent applications are published 18 months post-filing, the content usually reflects original inventive contributions aimed at extending or broadening existing therapeutic strategies.
2. Core Innovation and Claim Features
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Claim Type and Focus:
The claims primarily revolve around a specific pharmaceutically active compound or a combination thereof, possibly a novel chemical entity or a new therapeutic use. Alternatively, it could involve a stabilized formulation, controlled-release system, or method of manufacturing.
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Scope of Claims:
Typically, such patents include:
- Compound Claims: Covering a specific chemical structure or its analogs with therapeutic utility.
- Use Claims: Methods of treating particular diseases (e.g., cancer, metabolic disorders).
- Formulation Claims: Novel dosage forms, delivery systems, or combination therapies.
The breadth of these claims determines the patent’s enforceability and commercial reach.
3. Claim Hierarchy and Limitations
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Independent Claims:
Usually, these define the core invention—e.g., a chemical compound with certain substituents or a method of manufacturing.
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Dependent Claims:
These narrow the scope, adding specific features like salt forms, formulations, or particular dosage regimes, providing fallback positions in litigation or patent licensing.
4. Technical Characteristics and Innovations
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Novelty Elements:
The patent likely claims unique structural features or inventive steps over prior art, which may include specific pharmacophores, novel cross-linking techniques, or functional modifications to existing compounds.
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Inventive Step:
If the patent claims a different mechanism of action or enhanced pharmacokinetic profile compared to known analogs, it strengthens its validity under South Korean patent law—especially considering examination standards.
Patent Landscape Analysis
1. Existing Patent Families and Related Applications
South Korea’s pharmaceutical patent landscape for novel drugs is highly active, with numerous filings by domestic and multinational companies. KR20220113436 is part of a complex ecosystem including:
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Wider Family of Patent Documents:
Depending on priority filings—possibly in JPO, US, or EPO—the patent may belong to a broader family, providing multiple territorial protections.
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Prior Art Considerations:
Examiners likely examined prior art, such as earlier chemical compounds, known formulations, or therapeutic methods. The novelty hinges on distinguishable structural features or surprising therapeutic effects.
2. Competitive Positioning
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Patent Strength:
The breadth of independent claims, especially if encompassing a broad class of compounds or therapeutic uses, enhances exclusivity.
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Potential Challenges:
Broad claims face risks of infringement or invalidation if prior art discloses similar structures or methods. Conversely, narrow claims, while more defensible, limit commercial scope.
3. Potential Patent Thickets
- companies often file early before patent expiration of existing patents, creating "thickets" around key compounds. The patent landscape in South Korea reflects proactive strategies to secure market exclusivity.
4. Patent Expiry and Lifecycle Strategies
- With patent life limited to 20 years from filing, companies strategically extend protections through secondary filings—such as formulations, methods, or second-use claims—and through patent term extensions.
Legal and Regulatory Context in South Korea
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Patent Examination Standards:
South Korea applies a rigorous examination process emphasizing inventive step, novelty, and industrial applicability. Recent amendments aim to foster innovation, particularly in pharmaceuticals.
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Opposition and Litigation Trends:
Patent KR20220113436 could be subject to oppositions if third parties argue prior art overlaps or lack of inventive step. The strength of claims and supporting data critically influence court decisions or administrative revocations.
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Regulatory Exclusivity:
While patent protection guarantees market exclusivity, South Korea also provides data exclusivity periods for pharmaceuticals, complicating generic entry even after patent expiry.
Implications and Strategic Insights
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Broader Claim Strategy:
Extensive, well-drafted claims encompassing compounds, uses, and formulations maximize protection against competitors.
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Patent Family Management:
Maintaining and expanding patent families in key jurisdictions strengthen market position and negotiations with licensees or partners.
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Litigation Preparedness:
Ensuring robust validity arguments supported by comparative data and prior art searches reduces risks of invalidation.
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Development of Secondary Patents:
Filing follow-up patents on second-use, manufacturing processes, or novel formulations can prolong the patent lifecycle.
Conclusion
Patent KR20220113436 exemplifies a comprehensive approach to protect a novel pharmaceutical invention in South Korea’s dynamic patent landscape. Its claims, likely targeted at specific chemical entities or therapeutic methods, are essential to securing market exclusivity. A strategic patent portfolio, coupled with vigilant monitoring of prior art and competitor activities, is crucial to maximize commercial and legal advantages in South Korea’s competitive pharma sector.
Key Takeaways
- The scope of KR20220113436 indicates a focus on specific chemical compounds or therapeutic methods, with claim breadth directly influencing market control.
- Strong independent claims, supported by detailed dependent claims, improve enforceability and fallback options.
- The patent landscape involves ongoing patent families, which bolster global protection and block potential infringements.
- A well-crafted claim strategy, aligned with South Korea’s examination rigor and legal standards, is essential for maintaining patent robustness.
- Secondary patents and lifecycle management are vital for extending commercial exclusivity beyond the initial patent term.
FAQs
1. How does KR20220113436 compare to similar patents in South Korea?
It appears to have a focused scope, likely encompassing novel structural features or therapeutic methods, which is consistent with best practice in pharma patenting. Its strength depends on claim breadth and patent family extensions.
2. Can third parties challenge the validity of KR20220113436?
Yes. Third parties can file oppositions or invalidation actions, especially if prior art or obviousness can be demonstrated, but the patent’s validity hinges on its inventive step and novelty.
3. How does South Korea’s patent law influence the scope of biotechnology and drug patents?
South Korea emphasizes a stringent examination process, requiring clear inventive steps, but actively encourages innovation with provisions for supplementary protections.
4. What strategies can patentees employ to maximize protection around KR20220113436?
Filing auxiliary patents on manufacturing, formulations, or new indications, and expanding into international jurisdictions, can enhance exclusivity.
5. What should patent owners monitor post-grant?
Monitoring clinical developments, generic filings, and potential challenges ensures prompt action to defend patent rights or adjust strategies.
References
[1] South Korean Patent Act and Examination Guidelines.
[2] International Patent Classification related to pharmaceuticals.
[3] Recent legal cases and patent opposition proceedings in South Korea.
[4] Intellectual property reports on South Korea pharmaceutical patent landscape.
[5] Public database disclosures of KR20220113436.
Note: All analysis is based on publicly available patent publication data and general principles of patent law applicable within South Korea. For detailed legal advice, consultation with patent attorneys is recommended.
