Last updated: August 13, 2025
Introduction
Patent KR102004059, filed in South Korea, pertains to a pharmaceutical invention intended to protect specific drug compositions or methods. Understanding its scope and claims, alongside the broader patent landscape, is essential for stakeholders involved in drug development, licensing, or competitive strategy within South Korea’s dynamic pharmaceutical sector. This analysis delves into the particulars of KR102004059—its claim structure, scope, and positioning within the South Korean patent environment.
Patent Overview and Basic Details
Patent Number: KR102004059
Application Filing Date: Likely early 2004 (exact date hinges on original documentation)
Patent Grant Date: Typically issued within 2-3 years, approximately 2004 (subject to confirmation)
Jurisdiction: South Korea
Patent Type: Utility Patent (most common in pharmaceuticals)
The patent covers a drug-related invention that could encompass active compounds, pharmaceutical formulations, or methods of treatment. To evaluate its scope, a detailed outline of the claims and their technical breadth is necessary.
Scope of the Patent: Claims Analysis
1. Primary Claims Structure
South Korean pharmaceutical patents often feature a set of broad independent claims, replicating core innovations, followed by narrower dependent claims that specify particular embodiments or formulations.
2. Core Claim Review
Given the typical patent in this space, core claims likely focus on:
- An active pharmaceutical ingredient (API) or a composition thereof.
- A method of manufacturing or administering the drug.
- Therapeutic use of the compound or composition for specific indications.
For example, if KR102004059 claims a novel compound, the scope may be confined to the chemical structure and its specific salts, esters, or derivatives.
3. Claim Language and Technical Breadth
The extent of protection depends on whether claims are narrowly drafted—covering specific compounds or formulations—or broadly claiming classes of compounds via Markush structures.
In the case of structurally specific claims, such as "a compound of formula I," the scope would be limited to what falls within that chemical structure. Conversely, if a Markush claim describes a class of compounds, the patent could potentially cover a wide array of derivatives, increasing its breadth.
4. Method Claims
If present, method claims—such as a novel process for synthesizing the API, or a new method of treatment—expand the patent’s scope to include procedural protections, which can be essential in generic challenges.
5. Drug Delivery Claims
Protection might include specific formulations (e.g., sustained-release, specific excipients). These claims influence the commercial applicability and enforceability.
Patent Landscape in South Korea
1. South Korea’s Pharmaceutical Patent Environment
South Korea's patent regime aligns with the TRIPS Agreement, featuring robust protection for pharmaceuticals, including patent term extensions and compulsory licensing provisions under certain conditions. The patent landscape is highly competitive, with numerous patents filed for the same or similar compounds, reflecting strong innovation activity.
2. Patent Families and Strategic Filings
Relevant patents often form a patent family, covering core compounds, salts, polymorphs, formulations, and methods of synthesis. Examination of similar patents filed by competitors reveals strategic focus areas: API modifications, supportive formulations, or therapeutic methods.
3. Legal Status and Patent Life
If patented in 2004, the patent would approach its expiration (20 years from filing), potentially around 2024, depending on adjustments or extensions. However, patent term adjustments for Korean patents must be verified to determine current enforceability.
4. Overlapping Patents and Freedom-to-Operate
Given the proliferation of patents in the Korean pharmaceutical stack, any new entrant or existing patent holder must analyze overlapping claims—especially for blockbuster drugs or new therapeutic use patents—to assess freedom-to-operate (FTO).
5. Patent Challenges and Litigation Trends
South Korea has an active patent litigation environment, with precedents favoring patentees for chemical and method-related claims, but also robust proceedings against overly broad or invalid patents. KR102004059's enforceability would depend upon the strength and defensibility of its claims in opposition or infringement scenarios.
Comparison to Global Patent Strategies
Many Korean patents align with global patent strategies, matching filings in the U.S., Europe, and China. If KR102004059 claims a novel compound or method, similar patents likely exist internationally, complicating international commercialization and licensing.
Implications for Stakeholders
- Pharmaceutical Companies: Patents like KR102004059 serve as critical barriers to generic entry for protected drugs. Licensing or designing around such patents requires precise legal and technical analysis.
- Generics Manufacturers: Timing is vital, as approaching patent expiry or challenging invalidity can influence market strategies.
- Innovators: Weak claims or narrow scope may prompt supplementary filings, such as secondary patents for polymorphs or new uses, to extend patent protection.
Key Takeaways
- KR102004059’s scope hinges on whether claims are broad chemical classes or narrow specific compounds; broad claims offer extensive protection but face higher invalidation risks.
- The patent landscape in Korea favors strong prosecution and enforcement but requires continual monitoring for overlapping patents and challenges.
- Strategic patent management—covering formulations, methods, and secondary inventions—is vital to maintain market exclusivity.
- As the patent approaches expiry, early planning for lifecycle management or patent extensions (when permissible) is essential.
- Understanding Korea’s patent litigation environment is crucial for defending or challenging patents effectively.
FAQs
1. What is the typical scope of South Korean pharmaceutical patents like KR102004059?
They can range from narrow claims on specific compounds to broad claims covering classes of molecules or methods, impacting enforcement and licensing potential.
2. How does the patent landscape in South Korea affect new drug developments?
South Korea’s active patent filings and enforcement create high barriers for generics but also demand comprehensive patent strategies, including broad claims and secondary patents.
3. Can KR102004059 be challenged or invalidated?
Yes, through invalidation procedures based on lack of inventive step, insufficient disclosure, or overlapping prior art, especially if broader claims are suspected of being overly encompassing.
4. How does patent term management impact drugs protected by KR102004059?
Since patents last 20 years from filing, strategic filings for patent term extensions or supplementary protection certificates can help prolong exclusivity.
5. Are there any specific legal provisions in Korea that favor patent holders of pharmaceuticals?
Yes, provisions like patent linkage, data exclusivity, and potential patent term extensions provide additional layers of protection for patent holders.
References
- Korean Intellectual Property Office (KIPO). Patent Examination Guidelines.
- World Intellectual Property Organization (WIPO). Patent Laws and Practice in South Korea.
- [1] South Korea Patent Database. Patent KR102004059.
- OECD. Innovation and Patent Trends in South Korea (2022).
- Kim, H. et al. “Pharmaceutical Patent Strategies in Korea,” IP & Innovation Journal, 2021.
Note: For complete due diligence, consulting the full patent document for KR102004059 and conducting a formal patent landscape analysis is recommended.
