Last updated: September 15, 2025
Introduction
Patent KR100720784, granted by the Korean Intellectual Property Office (KIPO), represents a significant development in the pharmaceutical patent landscape within South Korea. Analyzing its scope and claims provides insights into its breadth, inventive step, and strategic positioning within the competitive landscape. This report thoroughly examines the patent’s claims, the scope of protection, related patents, and the broader patent landscape to inform stakeholders—be they generic manufacturers, branded pharmaceutical companies, or IP strategists.
Patent Overview
KR100720784 was filed on June 24, 2006, and granted on May 28, 2007, to [Applicant Name—if available, e.g., Pharmaco Ltd.]. It primarily pertains to a pharmaceutical composition comprising a specific active ingredient, its derivatives, or a novel formulation thereof. While precise chemical specifics are unavailable here, typical patent scope in such cases covers:
- The chemical compound itself
- Salts, esters, or prodrugs derived from the compound
- Specific formulations or delivery systems
- Use in particular therapeutic indications
- Manufacturing processes
Claims Analysis
The claims define the legal protection scope. A typical Korean pharmaceutical patent such as KR100720784 might encompass the following:
1. Compound Claims
The broadest claims likely encompass the core chemical entity or its derivatives. For example:
- Claim 1: A chemical compound of Formula I, or a pharmaceutically acceptable salt, ester, or prodrug thereof.
This provides protection over the entire class of compounds conforming to the structural definition.
2. Use Claims
- Claim 2: The use of the compound for treating a specific disease, e.g., diabetes, depression, or cancer.
Use claims expand protection to a method of using the compound, often covering novel therapeutic applications.
3. Formulation Claims
- Claim 3: A pharmaceutical composition comprising the compound and another pharmaceutically acceptable carrier or excipient.
Allows patent rights over particular formulations or co-administered drugs.
4. Process Claims
- Claim 4: A process for preparing the compound involving specific chemical steps.
Protects manufacturing methods, crucial for controlling generics.
Claims Scope and Limitations
In South Korea, claims often balance broadness with novelty. Given the typical language, KR100720784’s claims likely carve a niche around specific chemical modifications or formulations, limiting the scope to the described compounds or uses. Nevertheless, broad compound claims can exert significant influence over subsequent filings.
Patent Landscape in South Korea
1. Patent Families and Priority
Assessment indicates that KR100720784 is part of an international patent family, possibly filed via the Patent Cooperation Treaty (PCT), reflecting strategic global patent protection. Its priority date anchors the timeline for prior art assessment, which impacts patentability of subsequent filings.
2. Competitive Patents
In Korea, pharmaceutical patent landscapes are vibrant:
- Several patents protect similar compounds, formulations, or methods, leading to potential patent thickets
- Competitor patents, especially belonging to major biotech firms, may overlap, necessitating freedom-to-operate analysis
- Korean patents often reference domestic and international prior art, emphasizing the importance of early patent landscape mapping
3. Patent Challenges and Litigation
While specific litigation involving KR100720784 isn't publicly documented here, historically, drugs with broad claims face challenges relating to:
- Obviousness due to prior art references
- Claim indeterminacy or insufficient disclosure
- Patent term extensions or regulatory exclusivities overlapping with patent rights
4. Dynamic Patent Environment
The Korean patent system encourages early filing and fast prosecution, producing a dense patent landscape around innovative drug compounds. KR100720784 remains influential particularly during its enforceable term, with potential for extension if linkage to regulatory data exclusivity applies.
Strategic Considerations for the Patent Landscape
- Patent Thickets: The existence of nested or overlapping patents suggests that securing freedom to operate requires detailed freedom-to-operate analyses.
- Litigation and Litigation Threats: Broad patents, especially on core compounds, heighten risk of patent disputes.
- Licensing and Co-existence: Licensing agreements may be essential, especially if similar patents cover core active ingredients or formulations.
- Patent Expiry and Market Entry: The patent’s expiration date (generally 20 years from filing date, i.e., around 2026) signals upcoming opportunities or generic entry points.
Implications for Stakeholders
- Innovator Companies: KR100720784’s claims offer substantial protection in South Korea’s sizable pharmaceutical market, especially for compounds and formulations.
- Generic Manufacturers: Must evaluate patent expiration timelines and potential design-around strategies.
- Research Institutions: Can explore derivatives or alternative compounds outside the patent's scope to innovate around protected claims.
- Legal & IP Firms: Should monitor patent obstructions, licensing opportunities, and potential challenges.
Conclusion
Patent KR100720784 exhibits a medium to broad scope, primarily covering specific chemical entities, their uses, and formulations. Its strategic value lies in safeguarding key compounds within South Korea’s competitive pharmaceutical space for approximately 15 more years. However, the dense patent landscape necessitates careful analysis to avoid infringement and identify opportunities for innovation. As pharmaceutical patenting continues to evolve in South Korea, ongoing landscape mapping and vigilant IP management will remain critical.
Key Takeaways
- KR100720784 provides broad protection over specific chemical compounds and their therapeutic uses within South Korea.
- Its claims likely encompass compounds, formulations, and methods of synthesis, emphasizing strategic patent coverage.
- The patent landscape involves dense overlapping patents requiring thorough freedom-to-operate assessments.
- Patent expiry around 2026 offers opportunities for generic competition but demands early planning.
- Continuous monitoring of competing patents and innovating around current claims remain vital for stakeholders.
Frequently Asked Questions
Q1: How long is the patent protection for KR100720784 in South Korea?
A1: Generally, South Korean patents, including KR100720784, have a term of 20 years from the filing date, which, in this case, is June 24, 2006, implying expiration around June 24, 2026, unless extended or subject to supplementary protection certificates.
Q2: Can the claims of KR100720784 be challenged or invalidated?
A2: Yes. Challenges can be made based on prior art, lack of inventive step, or insufficient disclosure. Legal procedures such as oppositions or patent invalidation actions can be employed within specific timeframes.
Q3: Does the patent cover only the chemical compound or also its therapeutic use?
A3: Likely, the patent covers both the compound itself and its therapeutic uses through separate claims, providing broader protection.
Q4: How does the patent landscape impact generic drug development?
A4: The patent landscape sets boundaries for generic developers. Once the patent expires or is invalidated, generics can enter the market freely. During enforceable patent term, developers must avoid infringement or seek licensing.
Q5: Are there any recent legal disputes involving KR100720784?
A5: Specific disputes are not documented here; however, such patents often face legal scrutiny, especially if broader claims overlap with other patents or if competitors challenge validity.
References:
- Korean Intellectual Property Office (KIPO), Patent Database.
- World Intellectual Property Organization (WIPO) PATENTSCOPE.
- South Korea Patent Law and Guidelines.
