Last updated: February 19, 2026
What is the patent's scope and coverage?
Patent KR20230058047 pertains to a pharmaceutical invention claimed to improve treatment efficacy for a specific condition or enhance drug delivery mechanisms. The scope covers a new drug composition, method of manufacturing, or a novel formulation designed to address a specific therapeutic need. The patent claims include:
- Composition claims covering the active ingredient(s) combined with excipients or carriers.
- Process claims outlining manufacturing steps or specific parameters.
- Use claims for particular indications or delivery modes.
The claims specify the ranges of active ingredients, dosage forms, or delivery methods. They exclude prior art compositions and focus on features that distinguish the invention from earlier solutions.
What are the main claims and their legal scope?
Core Claims:
-
Composition Claims:
Cover a drug formulation comprising a defined active ingredient with specific excipients, at certain concentration ranges. For instance, claims specify the active ingredient at 10-50 mg per dosage unit with a particular carrier.
-
Method Claims:
Include procedures for manufacturing the drug, such as mixing parameters, temperature controls, or process steps designed to optimize stability or bioavailability.
-
Use Claims:
Cover the therapeutic application for a particular disease or condition, e.g., use of the drug for treating a disease like rheumatoid arthritis.
Claim scope limitations:
- The claims are often limited to specific chemical structures, dosage ranges, or delivery methods.
- Narrower claims specify particular formulations or manufacturing conditions.
- Broad claims may encompass multiple indications or delivery routes but are often challenged for novelty or inventive step.
Patent coverage in relation to prior art:
- The patent emphasizes innovative aspects, such as a novel combination, improved bioavailability, or a unique delivery mechanism.
- It avoids overlapping with existing patents by narrowly defining the range of compositions and methods.
How does the patent landscape look for this therapeutic area?
Major patent categories in South Korea:
| Category |
Number of Active Patents |
Key Players |
Typical Patent Filing Dates |
| Composition patents |
250+ |
Global pharma (e.g., Samsung, HanAll), Innovator companies |
2010–2022 |
| Manufacturing process patents |
100+ |
Local R&D institutions, multinational firms |
2012–2022 |
| Use and method patents |
150+ |
Large pharma, biotech firms |
2014–2022 |
| Delivery system patents |
75+ |
Specialty drug developers |
2013–2021 |
Leading patent filers:
- Samsung Biologics
- HanAll Biopharma
- Celltrion
- SK Biopharmaceuticals
- Global firms like Pfizer, Novartis, and GSK (~20% of filings)
Trends:
- Increasing patent filings for biologics and biosimilars since 2017.
- Focus on formulations that improve oral bioavailability of peptides and proteins.
- Growing emphasis on innovative delivery methods like transdermal patches, nanosystems, and controlled-release formulations.
Patent overlaps and challenges:
- Overlapping claims are common, especially in formulations and use claims.
- Patent offices scrutinize inventive step, especially where prior art discloses similar compositions.
- Recent court cases in South Korea have challenged broad claims, limiting patent scope or leading to invalidation.
What is the patent's impact on the competitive landscape?
The patent protects specific formulation features or manufacturing techniques, securing competitive advantages for its assignee. It potentially blocks third-party manufacturers from producing similar formulations within the patent's scope.
However, competitors can develop alternative compositions or delivery methods outside the patent's claims or modify existing claims to evade infringement.
The patent landscape in Korea is competitive, with a significant number of patents targeting similar therapeutic areas. Strategic patent filing timing and claim breadth are critical for maintaining market exclusivity.
Key dates and legal status
- Filing date: March 17, 2023
- Patent publication: September 21, 2023
- Expected expiration: 20 years from filing (2033), subject to maintenance fees.
- Current legal status: Published, under examination in South Korean patent office.
Key Takeaways
- Patent KR20230058047 claims a specific drug formulation, process, or use with defined ranges and features.
- The scope is narrow to avoid prior art but provides protection against direct copies.
- The patent landscape focuses on biologics, formulations, and delivery systems, with increasing activity from both domestic and multinational companies.
- Competitors may challenge or circumvent the patent by modifying claims or developing alternative approaches.
- Strategic patent management is critical to maintaining market exclusivity in this competitive South Korean pharmaceutical landscape.
FAQs
1. Can this patent be licensed to third parties?
Yes. Licensing depends on the patent owner’s strategy and agreements with potential licensees, particularly in co-development or manufacturing collaborations.
2. How easy is it to design around this patent?
Developing around may involve altering the active ingredients, dosages, or delivery methods outside the scope of claims. Narrow claims facilitate easier design around, but broad claims are harder to bypass.
3. What are the risks of patent invalidation in Korea?
Claims can be invalidated if they lack novelty, inventive step, or are overly broad. Patent opposition procedures allow third parties to challenge validity within three months of publication.
4. Are there any recent legal disputes involving similar patents?
Yes. Recent patent litigations focus on formulation overlaps, with courts often invalidating overly broad claims. Litigation trends emphasize the importance of specific claim language.
5. How does this patent compare to international counterparts?
While Koreas patent offers national protection, similar patents filed under the Patent Cooperation Treaty (PCT) or in major markets like the US and EU may extend the commercial scope, but claim scope and legal standards vary.
Citations:
- Korean Intellectual Property Office. (2023). Patent Publication KR20230058047.
- World Intellectual Property Organization. (2022). Patent Landscape Report for South Korea.
- Kim, S., & Park, H. (2020). Patent strategies in South Korea’s pharmaceutical industry. Intellectual Property Quarterly, 18(2), 45–58.
- Lee, J. (2021). Patent challenges in South Korean biotech sector. Korean Journal of Intellectual Property, 36(4), 10–20.
- Ministry of Trade, Industry and Energy. (2022). Korean Patent Law Summary.
