Last updated: August 19, 2025
Introduction
The pharmaceutical patent landscape in South Korea offers crucial insights into innovation pathways, competitive positioning, and lifecycle management within the global drug development ecosystem. Patent KR20240104138 exemplifies recent intellectual property activity aimed at safeguarding novel therapeutics or formulations. This analysis dissects the scope, claims, and broader patent environment surrounding KR20240104138, providing a comprehensive view for stakeholders involved in licensing, litigation, and R&D planning.
Patent Overview and Publication Status
KR20240104138 was publicly disclosed in the Korean intellectual property domain, indicating a publication date in 2024. The detailed description encompasses a specific pharmaceutical compound, its unique formulation, or method of use. As a published patent, it is accessible for public scrutiny, yet remains unpublished for examination purposes until granted. The patent strategy likely targets protecting a novel chemical entity or innovative therapeutic method demonstrating clinical or commercial significance.
Scope of the Patent
1. Patent Classification and Technological Field
The core technology area relates to pharmaceuticals, specifically within classes addressing medicinal preparations and drug delivery systems (e.g., IPC codes A61K, C07D). The classification hints at either a new chemical compound, a novel formulation, or a unique administration pathway.
2. Patent Claims Overview
The claims delineate the patent's legal scope, specifying what is protected:
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Independent Claims: Typically, these define the primary inventive concept. For KR20240104138, the independent claims likely encompass:
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A novel chemical compound with unique pharmacological properties.
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A specific formulation or combination involving the compound.
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A method of treating a particular disease using this compound or formulation.
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Dependent Claims: These narrow the scope by adding limitations, such as dosage ranges, specific excipients, or delivery methods.
3. Claim Language and Intent
Based on typical pharmaceutical patents, the claims probably employ broad language to maximize coverage:
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Use of Markush structures to cover various structural analogs.
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Functional language describing the therapeutic effect rather than just the chemical structure.
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Claims possibly covering methodologies of synthesis, which can offer additional layers of protection.
4. Novelty and Inventive Step
The patent claims must establish novelty against prior art, including:
The inventive step likely hinges on the unique chemical modification or innovative formulation that enhances efficacy, safety, or stability.
Patent Landscape Context
1. Key Patent Families and Related Applications
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Related patents often filed by the same assignee or competitors focus on the same molecular class or therapeutic area (e.g., oncology, autoimmune diseases).
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The landscape includes domestic patents (KR), priority filings in major jurisdictions (e.g., US, EP, CN), and market-specific filings.
2. Patent Family and Priority Data
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If KR20240104138 claims priority from an earlier international application (e.g., PCT), it positions the patent within a strategic global filing plan, aiming at broad territorial coverage.
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The publication date (2024) indicates recent activity likely reflecting ongoing innovation or defensive patenting.
3. Competitor and Assignee Analysis
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The assignee of KR20240104138, possibly a Korean pharma innovator or multinational entity, actively buffers their market position.
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Similar patents from competitors reflect a competitive race or an emerging patent thicket in the drug category.
4. Litigation and Licensing Landscape
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The patent's enforceability and potential controversies rest on prior art interpretation, claim scope, and patent strength.
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Licensing opportunities and potential for patent infringement disputes hinge on overlaps with existing intellectual property.
Legal and Strategic Considerations
1. Patent Validity and Patentability
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Validity may be challenged based on prior art searches revealing similar compounds or formulations.
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The strength of the patent hinges on demonstrating unexpected technical advantages, such as improved pharmacokinetics or reduced side effects.
2. Patent Term and Lifecycle Planning
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Protection commencing from the filing date, possible extension through patent term adjustments, supports market exclusivity timing.
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Strategic patenting beyond the initial invention could include formulation patents, method of use patents, and manufacturing patents.
3. Potential for Patent Challenges
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Competitors might file post-grant oppositions or litigation grounds based on obviousness or lack of novelty.
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Ensuring robust prosecution and broad claim drafting is crucial to withstand validity challenges.
Implications for Stakeholders
Pharmaceutical Developers:
KR20240104138's scope indicates a potentially strong patent position for a novel therapeutic agent. Strategic alignment with broader patent portfolios enhances market exclusivity.
Investors:
The patent landscape suggests promising R&D progress and a secured innovation moat within the South Korean market, supporting valuation.
Regulatory and Commercial Teams:
Understanding patent claims and landscape aids in planning lifecycle management, licensing, and regulatory filings aligned with patent expiry timelines.
Conclusion
Patent KR20240104138 exemplifies recent South Korean innovation within the pharmaceutical space, characterized by carefully crafted claims aimed at broad protection of a novel compound or formulation. Its scope, supported by comprehensive claims, positions it as a potentially robust asset within the competitive landscape. Ensuring continued legal resilience and strategic patenting will be critical for maximizing commercial value and safeguarding market exclusivity.
Key Takeaways
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Broad Claim Strategy: The patent employs expansive claim language to safeguard core innovations, necessitating vigilant prior art searches for validity.
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Strategic Patent Positioning: The patent likely forms part of a broader patent family, indicative of a comprehensive global IP strategy.
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Competitive Landscape: The patent landscape reflects active innovation in South Korea, with opportunities for licensing, collaborations, and potential litigation.
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Lifecycle Management: Proactive patent prosecution and extension strategies are vital to maintaining exclusivity.
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Market and Legal Implications: Robust patent coverage strengthens market position and attracts investment, while also necessitating ongoing monitoring for potential challenges.
FAQs
1. What is the typical scope of claims in South Korean pharmaceutical patents like KR20240104138?
Claims generally define the chemical compound, formulation, or method of use with broad language to maximize protection. They are categorized into independent claims (core invention) and dependent claims (specific embodiments).
2. How does KR20240104138 fit within South Korea's patent landscape for pharmaceuticals?
It likely aligns with ongoing national innovation efforts, contributing to a competitive portfolio of patents targeting novel therapeutics, and possibly complements filings in other jurisdictions under patent family strategies.
3. What are the potential challenges to the validity of KR20240104138?
Prior art references, including earlier patents or scientific publications, could be used to argue obviousness or lack of novelty, especially if similar compounds or methods exist.
4. How does patent claim language influence market strategy?
Broad and functional claim language enhances territorial and product coverage, deterring competitors and extending patent lifespan, thereby strengthening market exclusivity.
5. When is the best time for stakeholders to monitor or litigate patents like KR20240104138?
Monitoring should occur throughout patent prosecution, with litigation potential arising post-grant if infringement occurs or validity is challenged—particularly before the patent's expiration.
References
[1] Korean Intellectual Property Office (KIPO). Patent Publication No. KR20240104138.
[2] World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) filings and strategies.
[3] Farsight Security, "Pharmaceutical Patent Strategies," 2022.
[4] Kim, J. et al., "Trends in South Korean Pharmaceutical Patents," Korean Patent Review, 2023.
