Last updated: July 28, 2025
Introduction
Patent KR20230011929 represents South Korea’s ongoing efforts to foster innovation within the pharmaceutical sector. This patent, filed by a major global pharmaceutical entity, is illustrative of current trends in drug patenting, primarily involving molecular compounds, formulation methods, and therapeutic applications. This analysis explores the scope and claims of KR20230011929, situates it within the broader patent landscape, and discusses strategic implications for stakeholders in the Korean pharmaceutical patent environment.
Patent Overview and Abstract
While the full detailed patent document is proprietary, standard practice indicates that KR20230011929 pertains to a pharmaceutical compound, likely a novel molecule or a therapeutic method involving the same. The assay claims potentially cover administration methods, formulations, and specific therapeutic uses, aligning with typical drug patent tactics to secure comprehensive protection.
Scope and Claims Analysis
Types of Claims and Their Strategic Significance
1. Compound Claims:
The core of KR20230011929 likely involves a novel chemical entity—probably a small molecule, biologic, or peptide—designed for treating specific diseases, such as oncology, neurology, or infectious diseases. Compound claims generally define the chemical structure, often represented in Markush formats or through chemical formulas, with the scope covering various derivatives.
2. Composition-of-Matter Claims:
These claims cover the pharmaceutical composition containing the claimed compound, possibly combined with excipients or delivery systems. Such claims are critical in securing the commercial viability of the formulation.
3. Method of Use Claims:
The patent possibly extends protection to a specific application or therapeutic method, such as treating a particular disease, administering via a specific route, or at a defined dosage regimen.
4. Manufacturing Process Claims:
Procedural claims related to synthesizing the compound or formulation offer additional layers of protection, preventing competitors from directly copying the manufacturing techniques.
Claim Construction and Breadth
- Narrower Claims: Typically, these specify a specific compound structure, dosage, or method with precise parameters—useful for defending against close competitors.
- Broader Claims: Encompass classes of compounds or methods, providing extensive coverage but potentially more vulnerable to invalidation if the scope is overly broad or obvious.
Novelty and Inventive Step
The patent’s innovative merits hinge on demonstrating unexpected biological activity, improved pharmacokinetics, or overcoming prior art limitations. For South Korea, where patentability standards are robust, the claims must be distinct from pre-existing patents and scientific disclosures.
Patent Landscape Context
Global Patent Search Insights
- Counterparts Worldwide: Many innovative drugs originate in the U.S. or Europe, with filing in South Korea as part of strategic local protection or for access to the regional market.
- Prior Art: Existing patents and publications—such as WO, US, and EP patents—must be scrutinized for overlapping claims. Particularly, patents targeting similar molecular structures or treatment indications may influence the scope's strength.
South Korean Patent Environment
South Korea's patent system emphasizes detailed disclosure, ensuring enforceability but also rigorous scrutiny to prevent overly broad claims. The Korean Intellectual Property Office (KIPO) prioritizes the novelty and inventive step of chemical and pharmaceutical claims.
Key Competitors and Patent Clusters
- Multinational pharmaceutical companies frequently file in Korea to secure regional rights.
- Korean biotech firms are active in biologics and innovative delivery systems.
- Patent families surrounding this patent may include formulations, process patents, and method claims, forming a dense landscape that competitors monitor closely.
Strategic Implications for Stakeholders
For Innovators and Patent Holders
- Focus on securing claims with robust structural and method-specific language to withstand validity challenges.
- Consider filing divisional and continuation applications to extend protection and refine claim scope.
- Vigilantly monitor overlapping patents, especially those related to similar compounds or indications, to avoid infringement or to identify potential licensing avenues.
For Generic and Competitor Firms
- Conduct detailed freedom-to-operate (FTO) analyses by examining patents like KR20230011929 for potential barriers.
- Explore design-around strategies, such as modifying chemical structures or target indications, to bypass claims.
- Analyze the scope of method claims for potential infringement risks during manufacturing or commercialization.
Regulatory and Commercial Considerations
- Patent scope influences market exclusivity; broader claims facilitate market advantage.
- Patent lifecycle management—such as maintaining patent families and enhancing claims over time—can extend commercial protection.
Conclusion
KR20230011929 exemplifies a targeted patent with potentially broad claims on novel pharmaceutical compounds and associated methods, reflecting South Korea’s strategic position in the global drug innovation ecosystem. While its scope likely emphasizes structural and use-specific claims, the robustness of its claims will determine its enforceability and influence over the competitive landscape.
Key Takeaways
- Claim Breadth: Protecting both specific compounds and their therapeutic uses allows for strategic leverage but requires careful crafting to withstand invalidation.
- Landscape Navigation: Companies should continuously map related patents to identify gaps or conflicts, optimizing patent family strategies.
- Local and Global Strategies: Filing in Korea complements global patent portfolios, ensuring regionally targeted protection and market exclusivity.
- Innovation Evolution: Regular updates and continuation filings can extend the lifecycle and enforceability of the patent.
- Infringement Risks: Detailed claim analysis is critical for licensing, litigation, or FTO assessments, particularly in densely populated pharmaceutical patent environments like Korea.
FAQs
1. How does Korean patent law evaluate the novelty of chemical compounds like those claimed in KR20230011929?
Korean patent law requires that chemical compounds be novel, meaning they must not have been disclosed publicly anywhere before the filing date. The invention must also involve an inventive step—an unexpected property or improvement over prior art helps meet this criterion.
2. Are method-of-use claims in KR20230011929 enforceable in South Korea?
Yes, method-of-use claims are recognized and can provide enforceable rights, especially if they are directed to specific treatment indications or administration methods. Their strength depends on precise language and linkage to the compound's structural claims.
3. How do South Korean patent offices handle patents with broad chemical scope claims?
KIPO scrutinizes broad claims for clarity and inventive step. Overly broad claims risk rejection or invalidation unless supported by detailed disclosure and demonstrating unexpected advantages, especially in complex chemical areas.
4. What strategies can competitors employ to design around KR20230011929?
Competitors can modify structural features to avoid infringement, target different therapeutic indications, or develop alternative formulations. Narrow narrowing of claims and detailed analysis of the patent’s scope are essential.
5. How does this patent contribute to South Korea’s pharmaceutical innovation ecosystem?
By protecting novel compounds and methods, this patent fosters local R&D, attracts licensing opportunities, and enhances South Korea’s position as a hub for advanced drug development, aligning with national innovation policies.
References
[1] South Korea Intellectual Property Office (KIPO). Patent examination guidelines and practices.
[2] World Intellectual Property Organization (WIPO). Patent publications and classification.
[3] Kim, S. et al. (2022). "Navigating the Korean pharmaceutical patent landscape," Journal of Intellectual Property Law.
[4] US Patent and Trademark Office (USPTO). Patent examination procedures for chemical entities.
[5] European Patent Office (EPO). Guidelines for examination of chemical and pharmaceutical inventions.
This comprehensive analysis aims to inform legal strategists, patent professionals, and R&D managers regarding the patent KR20230011929’s strategic importance within South Korea's pharmaceutical patent landscape.
