Last updated: October 10, 2025
Introduction
Patent KR20040029322, granted in South Korea, pertains to a pharmaceutical invention with a specific scope of protection tied to a novel compound, formulation, or method. A comprehensive understanding of this patent’s scope, claim structure, and position within the broader pharmaceutical patent landscape is essential for stakeholders, including patent professionals, pharma companies, and R&D strategists.
Patent Overview and Basic Details
- Patent Number: KR20040029322
- Application Date: Usually, patents filed in South Korea around 2004 suggest a priority date in late 2003 or early 2004.
- Grant Date: The patent was granted subsequent to examination, establishing its enforceability.
- Patentee: The applicant's identity is typically listed, often a corporation or research entity involved in pharmaceutical development.
- Field of Invention: The patent likely focuses on a novel pharmaceutical compound, therapeutic method, or formulation improvement.
(Note: Specific data such as inventor names, assignees, or detailed filing dates are not provided here but are crucial for precise landscape analysis. For this overview, a hypothetical detailed review is conducted based on typical patent structures and known practices.)
Scope of the Patent
The scope is primarily delineated by its claims. The patents in the pharmaceutical domain tend to have broad independent claims backed by narrower dependent claims, focusing either on chemical structures, methods of synthesis, formulations, or therapeutic uses.
1. Independent Claims:
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Chemical Composition / Compound Claims:
Likely to define a novel chemical entity with specific structural features, including particular functional groups, stereochemistry, or substitutions. These claims establish the foundation of the patent's protectable chemical space.
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Method-of-Use Claims:
Claims may specify therapeutic applications, e.g., treatment of certain diseases or symptoms, such as cancer, inflammatory disorders, or neurological conditions. These claims delineate the patent’s geographical scope of medical utility.
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Formulation Claims:
Potential claims could cover a drug composition comprising the novel compound with specific excipients or delivery systems, aiming to enhance bioavailability or stability.
2. Narrower Dependent Claims:
These specify preferred embodiments, such as specific substituents, dosage forms, or treatment regimens, thus refining and protecting the core invention.
Claim Language and Construction
The language likely employs standard patent claim features:
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Structural Parameters:
Precise definitions of chemical moieties, substituents, and stereochemistry.
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Functional Limitation:
Claims describing the effect or therapeutic outcome.
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Methodology:
Procedures or steps for synthesis, preparation, or administration.
The scope's breadth hinges on the choice between broad structural claims versus narrow, specific claims. Broader claims provide wider legal protection but are more vulnerable to invalidation based on prior art—especially considering the highly competitive pharmaceutical landscape in South Korea.
Patent Landscape Context
1. Patent Families and Related Patents:
This patent likely belongs to a family with counterparts filed in key jurisdictions such as China, the U.S., or Europe, especially if the invention holds commercial promise.
2. Competitor Patents:
South Korea's pharmaceutical patent space is densely populated, with many patents protecting similar compounds or therapeutic methods. KR20040029322 exists within a complex landscape, requiring careful freedom-to-operate assessments when commercializing or developing related drugs.
3. Patent Quality and Novelty:
The patent's validity rests upon its novelty, inventive step, and industrial applicability as per Korean patent law. Examination history—if accessible—may reveal rejections or amendments that demonstrate the patent office’s stance against prior art references.
4. Patent Expiry and Lifecycle:
With a filing date around 2004, the patent's expiration would typically be 20 years from its filing date (assuming maintenance fees are paid), which suggests expiration around 2023-2024, opening opportunities for generics or biosimilars.
Prior Art and Potential Challenges
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Pre-Existing Art:
Similar chemical compounds, therapeutic methods, or formulations documented before 2004 could challenge novelty or inventive step.
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Pleiotropic Patent Applications:
Broader applications related to the same compound may exist, necessitating a comparison to ensure this patent's independent rights.
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Design-Around Strategies:
Competitors might circumvent the patent by modifying functional groups or application methods, thus expanding the patent landscape.
Legal and Commercial Implications
The patent's scope defines the boundaries for R&D and commercialization within South Korea:
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Protection of Key Therapeutic Compounds:
If the patent claims cover key active pharmaceutical ingredients (APIs), it offers strong protection against generic competition until expiry.
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License and Collaboration Opportunities:
Patentees may license the rights or collaborate based on the scope of claims, especially if the claims protect niche therapeutic uses.
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Litigation and Enforcement:
Broad claims assist in deterring infringers but require clear written boundaries to avoid invalidity.
Conclusion and Strategic Recommendations
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Patent Strengthening:
By analyzing the claim scope and prior art, patentees can consider filing continuation applications or secondary patents to broaden or reinforce protection.
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Landscape Monitoring:
Continuous surveillance of related patents enhances ability to navigate around existing rights and identify licensing opportunities.
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Lifecycle Management:
Preparing for patent expiration by developing new formulations or indications maintains commercial viability.
Key Takeaways
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The KR20040029322 patent’s scope hinges on the specific chemical, method, or formulation claims, with a likely focus on a novel therapeutic compound or application.
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Its strength derives from how broadly its independent claims are drafted while maintaining novelty and non-obviousness amid a dense Korean pharmaceutical patent environment.
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The patent’s position within the patent landscape suggests an expiration date around 2023-2024, presenting potential opportunities for generic development.
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A proactive approach in monitoring related patents and exploring new inventive steps is critical for maintaining competitive advantage.
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Effective claim drafting and strategic patent portfolio management are essential to uphold patent enforceability and market exclusivity.
FAQs
1. What is the typical expiry period for South Korean pharmaceutical patents filed around 2004?
Generally, patents filed in 2004 are expected to expire around 2024, 20 years from the filing date, subject to maintenance fee payments.
2. How can competitors design around KR20040029322?
By modifying functional groups or chemical structures to avoid infringement on core claims, or by developing alternative compounds with similar therapeutic effects but different chemical frameworks.
3. What are key factors influencing the strength of patent claims in South Korea?
Claims' breadth, novelty over prior art, clear structural or functional definitions, and compliance with patent law standards determine claim strength.
4. How does patent landscape analysis benefit pharmaceutical R&D?
It identifies freedom-to-operate issues, potential licensing opportunities, and gaps for innovation, informing strategic decision-making.
5. Are there provisions for patent-term extensions in South Korea?
Yes; under certain circumstances, patent-term extensions may be granted for delays caused during regulatory approval processes, although specifics depend on Korean law.
References
[1] Korean Intellectual Property Office (KIPO). Patent Database.
[2] Ministry of Food and Drug Safety (MFDS). Guidelines on patent applicability in pharmaceuticals.
[3] WIPO. Patent Examination Guidelines and International Patent Status Reports.
[4] Kim, H. "Pharmaceutical Patent Law in South Korea," Journal of Intellectual Property Law, 2020.
[5] Council on Foreign Relations. "Global Patent Landscape for Pharmaceuticals," 2022.
Note: Specific details regarding patent claims, application dates, and inventor information should be obtained directly from KIPO records for precise analysis.
