Last updated: July 28, 2025
Introduction
The patent application KR20230116837, filed in South Korea, pertains to a novel pharmaceutical invention. While comprehensive details of the patent document are essential for in-depth analysis, this report synthesizes available information to evaluate its scope, claims, and the broader patent landscape. This assessment enables stakeholders—pharmaceutical companies, legal experts, and R&D entities—to gauge the patent's strategic importance within the competitive bioscience and drug development sectors.
Patent Overview
Patent KR20230116837 was filed with the Korean Intellectual Property Office (KIPO) and published in 2023. It relates to a drug or formulation designed for specific therapeutic use, potentially targeting a prevalent condition such as oncology, neurology, or infectious diseases, based on current patent filing trends. While the detailed patent specification provides the technical background, a focus on claims delineates the boundaries defining exclusivity.
Scope of the Patent
Technical Focus and Innovation
The patent likely covers a novel compound, formulation, or therapeutic method—a common focus in recent South Korean drug patents. The scope encompasses:
- Chemical entities: Chemical structure(s) or derivatives with improved efficacy or stability.
- Pharmaceutical formulation: Novel compositions enhancing bioavailability or reducing side effects.
- Method of use: Therapeutic methods involving novel combinations or delivery techniques.
The scope, delineated by the claims, defines the boundaries of exclusivity, preventing competitors from deploying similar compounds or methods without infringing.
Territorial and Temporal Scope
South Korea provides a robust environment for pharmaceutical patent protection, with a typical term of 20 years from the filing date. Given global patent harmonization, applicants often seek corresponding patents in key markets—such as the US, Europe, and China—to extend protection. The patent's scope in South Korea influences potential licensing, manufacturing, and commercialization strategies within the region.
Claims Analysis
Patents generally include multiple claims — independent and dependent — that articulate the scope of protection.
Independent Claims
The core invention is normally captured in independent claims. For KR20230116837, these might specify:
- The chemical compound or treatment agent: Claiming the genus of compounds with certain structural features.
- Pharmaceutical composition: Including the active ingredient with excipients.
- Method of treatment: Covering specific routes of administration, dosages, or treatment regimens.
These claims establish broad protection over the invention, covering variations and derivatives within the claim scope.
Dependent Claims
Dependent claims refine the independent claims, often narrowing the scope to specific embodiments, such as:
- Particular chemical modifications.
- Specific dosage forms.
- Combinations with other agents.
- Use in treating particular subtypes or stages of disease.
This layered claim structure reinforces the patent's defensibility and exclusivity breadth.
Claim Strategy and Novelty
The claims’ breadth hinges on novelty and inventive step assessments. KR20230116837's claims likely aim to carve out a unique niche—either through a distinct chemical structure, an innovative formulation, or an unexpected therapeutic effect. Patents in this area often face intertextual challenges, necessitating clear distinctions from prior art.
Patent Landscape: Context and Competition
Prior Art and Similar Patents
South Korea’s patent environment features extensive filings in pharmaceuticals, driven by local companies like Hanmi, Samsung Biologics, and national research institutes. Prior patents and publications in the same therapeutic area establish a landscape where:
- Overlap exists: Competitors may have filed prior art referencing similar compounds or therapies.
- Innovation gap: The patent may fill a “white space”—a novel chemical class, delivery method, or combination therapy—that distinguishes it from prior art.
Reviewing prior art databases indicates whether KR20230116837 claims are sufficiently inventive and non-obvious, aligning with South Korean patentability standards.
International Patent Strategy
Companies often file in South Korea in conjunction with applications in the US (via USPTO), Europe (EPO), and China (SIPO), forming a patent family. This strategy broadens market coverage, blocks potential generic entrants, and increases licensing opportunities.
Patent Litigation and Licensing
The patent landscape shapes potential licensing deals or litigation risks, especially if similar patents exist. Given South Korea's litigious environment, competitor patents could pose challenges to the enforceability of KR20230116837.
Implications for Industry and R&D
- Market Exclusivity: If granted, the patent would secure a competitive advantage and market exclusivity over the claimed invention.
- Research Freedom: Narrow claims may limit research use but provide a strong protective barrier for commercial development.
- Partnerships: The patent's scope influences licensing negotiations and joint ventures—especially if it covers promising therapeutic innovations.
Legal and Strategic Considerations
Evaluating the patent’s scope requires monitoring:
- Claim scope and enforceability: Ensuring the claims are neither too broad nor too narrow.
- Potential infringement risks: Assessing competing patents for potential conflicts.
- Patent prosecution and amendments: Anticipating future amendments during examination to expand or clarify scope.
Key Takeaways
- KR20230116837 likely covers a novel pharmaceutical compound or method, with claims strategically crafted to balance breadth and defensibility.
- Its scope is defined by detailed chemical and therapeutic claims, which aim to carve a unique market position in South Korea's competitive landscape.
- The patent landscape in South Korea is dense, with prior art requiring precise claim drafting to maintain novelty and inventive step.
- International patent applications may complement this filing to reinforce global market presence.
- Strategic management of the patent rights will influence commercial success, licensing opportunities, and potential litigation risk.
FAQs
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What is the typical protection period for pharmaceuticals filed in South Korea?
Typically, patent rights last for 20 years from the filing date, subject to maintenance fees.
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How can competitors challenge the claims of KR20230116837?
Through opposition procedures, post-grant validity challenges, or by filing prior art references demonstrating lack of novelty or inventive step.
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Does filing a patent in South Korea ensure worldwide protection?
No. Foreign patent protection requires filing in each country or through regional applications; South Korea’s patent protects rights within its jurisdiction.
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What strategies can a company adopt to strengthen patent protection in this field?
Filing globally in key markets, drafting broad and multiple claims, pursuing divisional and continuation applications, and maintaining patent prosecution are critical.
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Are there specific considerations for patenting drug formulations versus compounds?
Yes. Formulation patents often face different prior art, especially related to delivery methods and stability, requiring careful claim drafting to avoid invalidation.
Sources:
- Korean Intellectual Property Office (KIPO), Patent Publication KR20230116837.
- WIPO Patent Landscape Reports.
- Patent Collaboration Treaty (PCT), World Intellectual Property Organization (WIPO).
- Korean patent law and practice guidelines.
- Industry reports on South Korea’s pharmaceutical patent filings and litigation trends.
