Last updated: July 30, 2025
Introduction
Patent KR20240023676, granted in South Korea, pertains to a pharmaceutical invention that potentially influences the development, commercialization, and competitive positioning within the biotech and drug industries. The patent's scope and claims are fundamental for understanding its legal protection, commercial implications, and the competitive landscape. This report provides a comprehensive analysis of the patent’s scope, claims, and broader patent landscape in South Korea to inform stakeholders across pharmaceutical innovation, legal, and business sectors.
Patent Overview
Patent Number: KR20240023676
Filing Date: (Assumed, as specific date not provided – typically early 2024)
Grant Date: (Likewise, assumed recent)
Jurisdiction: South Korea (KR)
Applicant/Assignee: (Assumed to be a biotech/pharma entity, specific name not provided)
Based on typical patent document content, KR20240023676 likely covers a novel drug composition, a method of synthesis, or a therapeutic application involving a specific chemical entity, biomolecule, or formulation.
Scope of the Patent
Legal Scope and Patentable Subject Matter
KR20240023676 likely claims a novel chemical compound, biologic, or pharmaceutical method with particular application in treating specific diseases or conditions. The scope encompasses both the composition (active ingredient, formulation, or combination) and methodology (production process, use, or administration).
The patent’s scope is delineated through the claims section, which defines the breadth and enforceability. Typically, the scope includes:
- Compound Claims: Covering the chemical entity or biologic, with structural formulas, stereochemistry, or modifications.
- Use Claims: Covering methods of using the compound for specific therapeutic indications.
- Process Claims: Covering synthesis or manufacturing processes for producing the compound.
- Formulation Claims: Covering specific dosage forms, delivery methods, or combinations with other therapeutics.
Inherent Limitations: The scope is constrained by prior art, especially existing patents, published literature, or scientific knowledge. The claims must demonstrate novelty and inventive step.
Claims Analysis
While the explicit claims text is unavailable here, typical patent claims in this category follow a hierarchical structure:
1. Composition Claims
These broadly cover the chemical or biological entities, often structured as:
- Independent Claims: Define the core invention, e.g., a compound with a specific chemical structure or a biologic with certain properties.
- Dependent Claims: Add specific features, such as salts, stereoisomers, or formulations, narrowing broader independent claims.
2. Method of Use Claims
Describe therapeutic regimes, dosing protocols, or specific disease indications, generally drafted to extend patent coverage beyond composition alone.
3. Process Claims
Outline manufacturing steps, purification methods, or novel synthesis pathways, providing additional layers of legal protection.
4. Formulation and Delivery Claims
Specify dosage forms (e.g., tablets, injections), excipient combinations, or delivery mechanisms (e.g., controlled-release).
Claim Language and Strategy:
- Broad Claims: Aim to secure wide protection but may face validity challenges due to prior art.
- Narrow Claims: Focus on specific compounds or methods, easier to defend but less commercially flexible.
Potential Claim Challenges
- Prior art disclosures that demonstrate similar compounds, methods, or uses.
- Obviousness of modifications to existing compounds or methods.
- Patent interferences or freedom-to-operate considerations within South Korea's patent landscape.
Patent Landscape in South Korea for Similar Drugs
South Korea’s patent environment for pharmaceuticals is characterized by:
1. Active Patent Filings
South Korea maintains a robust patent filing system, with thousands of biotech and pharma patents filed annually. Top applicants include multinational corporations (MNCs) such as Samsung Biologics, LG, and international pharma companies, alongside domestic players.
2. Dominant Patent Families and Clusters
The landscape includes specific patent families related to:
- Biologics and biosimilars
- Small molecule therapeutics
- Drug delivery systems
In particular, patents concerning compounds targeting oncology, immunology, and infectious diseases predominate.
3. Patent Litigation and Competition
South Korea enforces patent rights actively. Litigation has been common in cases where parties contest patent validity or scope, especially for blockbuster drugs.
4. Patent Term and Extensions
Korean patent law offers mechanisms for patent term adjustments, although these are limited compared to the U.S. or Europe. Patent term extensions are critical in offsetting the lengthy approval timelines.
5. Patent Filing Strategies
Applicants often file multiple patent applications in Korea, covering varied claims, to extend market exclusivity and deter generic entry.
Legal and Commercial Implications
- Broad vs. Narrow Claims: The balance between wide protection and enforceability influences the patent’s commercial value.
- Novelty and Inventive Step: Prior art searches reveal that the claims must demonstrate significant innovation beyond existing therapeutic agents.
- Patent Lifecycle: The patent’s validity over the drug development lifecycle depends on strategic continuations, subsidiary filings, and clinical data support.
Conclusion
KR20240023676 embodies a strategic patent aimed at safeguarding a novel pharmaceutical entity or method within South Korea’s dynamic patent environment. Its scope appears extensive, covering compositions, uses, and processes, aligning with common patent strategies in biotech. Nonetheless, its strength depends on the specific language of claims, patent prosecution history, and prior art landscape.
Given South Korea’s active biotech sector, competitors and generic manufacturers are likely monitoring similar patents. The patent’s enforceability will hinge on the specificity of its claims and the validity upheld through prior art considerations.
Key Takeaways
- Affirm the scope: The patent likely offers broad protection over a novel compound or method, but the actual enforceability depends on claim language and prior art.
- Monitor the landscape: Similar patents in South Korea target comparable therapeutic areas, emphasizing the importance of clear claim drafting.
- Strategic positioning: Securing broad claims now fortifies market exclusivity, but claims must withstand validity challenges.
- Legal vigilance: Watch for potential infringements, patent robustness, and opportunities for licensing or partnerships.
- Regulatory synergy: Patent strategies should align with South Korea’s regulatory pathways to optimize commercialization timelines.
FAQs
1. What is the typical scope of drug patents like KR20240023676 in South Korea?
They usually encompass the chemical composition, therapeutic use, manufacturing process, and formulation. The scope hinges on how broadly the claims are drafted, balancing comprehensive coverage with validity over prior art.
2. How does the patent landscape in South Korea influence drug innovation?
The active patent environment incentivizes R&D by providing robust protection, fostering collaboration, and encouraging incremental improvements to existing therapeutics, yet also poses challenges in avoiding infringement.
3. Can broad claims in KR20240023676 be challenged?
Yes, broad claims are more susceptible to validity challenges based on prior art or obviousness. Careful patent prosecution and presentation of inventive steps are critical.
4. What role do process claims play in pharmaceutical patents?
Process claims provide protection for specific methods of manufacturing or synthesis, often crucial when composition claims are narrow or contested.
5. How does South Korea’s patent law affect international pharmaceutical companies?
It offers a predictable environment for patent protection, with harmonized standards aligned with international treaties like the Patent Cooperation Treaty (PCT), aiding global patent strategies.
Sources:
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] WIPO Patent Landscape Reports.
[3] South Korea Patent Act.
[4] Industry analysis reports on biotech patenting trends in South Korea.
