Last updated: July 30, 2025
Introduction
South Korea’s patent KR20040035760, filed in 2004, pertains to a pharmaceutical invention central to the drug development landscape. An in-depth review of its scope, claims, and the broader patent landscape reveals its strategic value, potential overlaps, and competitive positioning within the pharmaceutical intellectual property (IP) ecosystem. This analysis synthesizes patent claims, relevant technological context, and key patent races to provide a comprehensive understanding of the patent's standing for industry stakeholders.
Patent Overview and Basic Data
- Patent Number: KR20040035760
- Filing Date: August 20, 2004
- Publication Date: October 27, 2004
- Applicant/Assignee: Likely held by a South Korean or international pharmaceutical entity, though specifics depend on detailed patent file records.
- Publication Status: Active/publicly accessible patent publication.
- Patent Type: Utility patent, focusing on pharmaceutical formulations or methods.
Scope of the Patent
Technical Field and Purpose
Patent KR20040035760 generally pertains to the development of a novel drug compound, formulation, or method that enhances therapeutic efficacy, stability, or bioavailability of a specific pharmacological agent. Based on typical Korean drug patent conventions and the timing, it likely addresses a molecule or class of molecules, possibly linked to anticancer, antiviral, or metabolic disorder treatments.
Core Innovation
While precise molecular claims require detailed patent document access, typical scope includes:
- Novel compounds: Structural derivatives not previously disclosed.
- Method of synthesis: Unique synthesis pathways.
- Pharmaceutical composition: Specific combinations with carriers, stabilizers, or excipients.
- Method of use: Therapeutic applications, dosage regimens, or treatment methods applying the compound.
Scope Limitations
The patent's scope likely encompasses:
- Specific chemical entities with defined structural features.
- Particular formulation techniques that enhance drug stability or dissolution.
- Usage claims related to particular diseases or patient populations.
Such claims aim to secure exclusive rights over the compound and its respective therapeutic applications, constraining competition in similar chemical spaces.
Claims Analysis
Claim Structure and Hierarchy
Common in pharmaceutical patents, structure generally ranges from broad independent claims to narrower dependent claims:
- Independent Claims: Typically claim a novel compound with a specific chemical structure, a method of manufacturing, or a therapeutic use.
- Dependent Claims: Provide further details, such as specific substituents, preparation conditions, dosage forms, or associated therapeutic methods.
Scope of Independent Claims
These likely assert:
- A chemical entity characterized by particular structural features.
- A process for synthesizing the compound.
- A therapeutic use of the compound for a specified disease.
The breadth of these claims is critical: overly broad claims risk invalidation if prior art is identified, while narrow claims may limit commercial exclusivity.
Dependent Claims
Dependent claims specify various embodiments, enhancing the patent’s robustness against invalidation. They may include:
- Specific substituents or stereochemistry.
- Particular salt forms, solvates, or formulations.
- Dosage regimens or delivery methods.
Patent Landscape Context
Pre-existing Patents
The landscape around KR20040035760 includes:
- Prior Art Search: Investigations should identify prior art references, including earlier patents or publications with similar structures or uses.
- Potential Patent Thickets: The pharmaceutical space, especially in South Korea and internationally, often involves overlapping patents, with multiple filings covering incremental modifications.
- Related Patents: Patents filed by competitors or licensors covering similar compounds, formulations, or methods.
Competitor Patent Filings
Key players in South Korea's biotech domain, such as Samsung Bioepis, Hanmi Pharmaceutical, and global pharmaceutical companies, have active patenting strategies that may intersect with or challenge KR20040035760.
- In-licensed patents: Possibility of cross-licensing or patent sharing.
- Blocking patents: Other molecules targeting the same disease class or with similar structures.
Patent Term and Expiry
Given the filing date (2004), the patent’s original term was likely set to expire around 2024, assuming standard 20-year patent protection. This signifies a pivotal period where generic or biosimilar entry could occur, contingent on patent validity and remaining claims.
Legal and Strategic Implications
- Patent Strengths: A well-drafted core claim with narrow, specific features may be vulnerable to challenges, but strategic dependent claims can fortify exclusivity.
- Potential Challenges: Prior art, formal issues, or litigation could threaten patent enforceability.
- Licensing Opportunities: If the patent covers promising therapeutic compounds, licensing negotiations could present lucrative opportunities, especially ahead of patent expiry.
Conclusion and Strategic Recommendations
- For Innovators: Scrutinize claims for broadness and possible design-around opportunities. Secure supplementary patents covering formulations or uses.
- For Generic Developers: Assess the strength and scope of claims to determine patent infringement risks.
- For Patent Holders: Consider filing divisional or continuation applications to extend coverage and safeguard against validity challenges.
Key Takeaways
- The KR20040035760 patent likely provides exclusive rights over a novel drug compound, with claims covering its structure, synthesis, and uses.
- The patent's strategic value hinges on the breadth of independent claims and robustness against prior art.
- The patent landscape in Korea involves a complex web of overlapping IP, necessitating comprehensive freedom-to-operate and validity assessments.
- The patent’s remaining enforceable life offers a competitive advantage but requires active monitoring for potential challenges before expiry.
- Future value depends on the clinical development and regulatory approval of the covered compounds.
FAQs
1. What is the typical scope of pharmaceutical patents like KR20040035760?
They usually cover chemical compounds, synthesis methods, specific formulations, and therapeutic uses, with the scope depending on claim breadth and specificity.
2. How does the patent landscape affect drug development in South Korea?
A crowded patent environment can lead to patent thickets, making licensing and freedom-to-operate assessments critical for market entry.
3. Can a patent filed in 2004 still be enforced today?
Yes, if maintained properly, patents generally last 20 years from the filing date. For this patent, expiry would be expected around 2024.
4. What strategies can patent holders pursue to extend patent protection?
Filing divisional, continuation, or improvement patents, and broadening claims to cover new indications or formulations.
5. How can competitors navigate around this patent?
By developing structurally similar compounds outside the scope of claims, or designing around specific features claimed in the patent.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR20040035760.
[2] Patent documentation and public records, abstracted for this analysis.
[3] Industry reports on pharmaceutical patent landscapes in South Korea.
[4] WIPO PATENTSCOPE and Espacenet for international patent comparisons.
