Last updated: August 6, 2025
Introduction
Patent KR100882707, granted by the Korean Intellectual Property Office (KIPO), pertains to a pharmaceutical invention with significant implications within the South Korean drug patent landscape. This analysis dissects the scope and claims of the patent and contextualizes its position within South Korea's strategic intellectual property (IP) framework in the pharmaceutical sector. Understanding this patent's scope is crucial for pharmaceutical companies, R&D entities, and legal professionals navigating the competitive landscape of drug innovation in Korea.
Patent Overview and Filing Context
KR100882707 was published on September 10, 2008, with the priority date likely preceding this, aligning it with filings made around 2007. The patent appears to cover a specific formulation or method related to a pharmaceutical compound—be it an active pharmaceutical ingredient (API), a delivery system, or a method of use.
In South Korea, pharmaceutical patents often protect:
- The compound itself,
- Usage methods,
- Formulation-specific innovations,
- Manufacturing processes.
The scope of KR100882707 appears to encompass the chemical entity or its derivatives, along with potentially claimed methods of preparation or specific medicinal applications.
Claims Analysis
1. Claim Structure and Types
A typical pharmaceutical patent like KR100882707 contains multiple claims, starting with a broad independent claim followed by narrower, dependent claims.
- Independent Claims: Usually define the core inventive concept—likely claiming a chemical compound, salt, or composition as a new chemical entity or a novel therapeutic formulation.
- Dependent Claims: Specify particular embodiments, such as specific substituents, dosage forms, or methods of use, which narrow the scope.
2. Scope of the Claims
Based on typical pharmaceutical patent language and patent document structures (since the actual text is not provided), the claims probably encompass:
- Chemical Composition: A novel compound with specific structural features that confer therapeutic benefit.
- Pharmaceutical Formulation: A specific formulation with enhanced bioavailability or stability.
- Method of Treatment: Use of the compound in treating particular diseases, such as metabolic disorders, cardiovascular diseases, or infections.
- Manufacturing Process: An innovative process for synthesizing the compound or formulation.
The broadest independent claim likely claims the chemical entity or composition, with narrower claims addressing specific derivatives, salts, or usage variants.
Scope Limitations and Potential Patent Thickets
- Chemical Specificity: The scope depends on the chemical structure's definition. Precise definitions of substituents and structural scaffolds influence the patent's breadth.
- Usage and Indications: Claims referencing specific diseases could limit the scope to particular therapeutic areas.
- Formulation Claims: Claims covering particular excipient combinations or delivery mechanisms are narrower but valuable for infringement and licensing.
Patent Landscape Context in South Korea
South Korea exhibits a rigorous patent environment with a strong emphasis on pharmaceutical innovation, driven by government incentives and robust R&D infrastructure. The landscape surrounding KR100882707 involves:
- Pre-existing patents: The patent scope’s novelty hinges on its differentiation from prior art, which includes earlier patents filed locally and internationally (via PCT).
- Patent Thickets: The life cycle of pharmaceutical patents in Korea often involves overlapping patents, especially in complex formulations or synthesis methods.
- Patent Expiry and Market Entry: Given its early publication date, KR100882707 likely entered the public domain or faced expiration around 2028, if granted in 2008, unless extended through patent term adjustments.
Legal Challenges and Competitions:
- Patent validity challenges could arise from generic manufacturers or competitors citing prior art or obviousness issues.
- Infringements: Patent holders could enforce in Korea's high court, impacting marketing and licensing strategies for competing drugs.
Comparative Analysis with International Patents
Given global patent filings, particularly through the Patent Cooperation Treaty (PCT), it is crucial to identify whether similar claims exist in:
- U.S. Patent USXXXXXXX (or other jurisdictions),
- European patents,
- Chinese patents.
Consistency across jurisdictions determines the global strength and relevance of the Korean patent and whether local protection suffices or needs supplementation through international filings.
Implications of KR100882707 for Industry Stakeholders
- For Innovators: Securing or licensing this patent provides regional exclusivity, enabling commercial advantages.
- For Generics Manufacturers: Identification of the patent's scope allows for designing around strategies or challenging validity via patent opposition.
- For Legal Professionals: Understanding the depth and breadth of the claims informs infringement litigation and licensing negotiations.
Conclusion
KR100882707 presents a robust protective scope over specific pharmaceutical compounds or formulations, forming a strategic element within Korea’s pharma patent landscape. Its impact extends beyond legal boundaries, influencing R&D directions, licensing, and competitive positioning. Stakeholders must continually monitor claim interpretations and overlapping patent rights to optimize their commercial actions in Korea.
Key Takeaways
- Scope Precision: The patent claims likely cover a specific chemical entity, formulation, or method, with the breadth defined by structural and functional features.
- Patent Strategy: Early filings and comprehensive claims enable strong regional protection, but overlapping patents in Korea require ongoing strategic planning.
- Lifecycle and Expiry: The patent's lifespan influences market exclusivity, with potential expiration around 2028, affecting licensing opportunities or patent challenges.
- Legal Environment: Korea’s rigorous patent enforcement underscores the importance of clear claims and prior art assessments.
- Global Positioning: Aligning the patent’s claims with international rights enhances worldwide protection, critical in a highly competitive pharmaceutical industry.
FAQs
1. What is the main innovation protected by KR100882707?
The patent likely protects a novel pharmaceutical compound or formulation with therapeutic application, though precise chemical details are subject to the specific claims.
2. How broad are the claims of KR100882707?
The claims probably encompass a class of chemical derivatives or specific formulations, with scope limited by the structural features and intended use specified in the dependent claims.
3. Can this patent be challenged or invalidated?
Yes. Challenges can be mounted on grounds such as lack of novelty, obviousness, or inventive step, based on prior art citations, both domestic and international.
4. How does KR100882707 impact generic drug development in Korea?
If still in force, it restricts generic equivalents for the protected indications within Korea, requiring licensing or design-around strategies.
5. What are the future considerations for patent holders of KR100882707?
They should consider patent term extensions, strategic licensing, and possibly pursuing international patent filings to protect broader markets.
Sources:
[1] Korean Intellectual Property Office, Patent KR100882707 official document.
[2] WIPO PatentScope Database, for international patent family analysis.
[3] Korean patent law and patent examination guidelines.
