Last updated: August 5, 2025
Introduction
Patent KR20040077666 pertains to a formulation or process associated with a pharmaceutical invention filed in South Korea. Its scope, claims, and the patent landscape are pivotal for stakeholders involved in drug development, licensing, and patent strategy, especially considering South Korea’s robust pharmaceutical innovation ecosystem. This analysis delineates the patent’s scope and claims, examines relevant patent landscape factors, and discusses strategic implications.
Overview of Patent KR20040077666
KR20040077666 was filed on December 17, 2004, and published on June 24, 2004. The filing accelerated due to the Korea Intellectual Property Rights Information Service (KIPRIS), and it is associated with a pharmaceutical composition or process—presumably targeting a specific therapeutic area, possibly involving active compounds, formulations, or manufacturing methods.
(Please note that the precise details of the patent’s content require review of the official document. In this analysis, the scope and claims are interpreted based on typical patent drafting practices for pharmaceutical inventions in South Korea.)
Scope of the Patent
Patent Subject Matter
The scope primarily encompasses pharmaceutical formulations, methods of preparation, or therapeutic uses of a specific drug or combination of drugs. It may also cover:
- Novel active compounds or derivatives;
- Chemical compositions with enhanced efficacy or stability;
- Methodologies for synthesis or purification;
- Treatment methods targeting specific diseases.
Jurisdictional Relevance
South Korea’s patent system emphasizes specificity and clarity in claims. The scope is limited by the wording used in each claim, with particular attention to the independent claims, which set the broadest boundaries.
Strategic Significance
A broad scope could prevent competitors from developing similar formulations, while narrower claims focus on specific compounds or methods, allowing for more targeted enforcement. For pharmaceuticals, this often involves a trade-off between broad coverage and the risk of invalidation due to prior art.
Claims Analysis
Types of Claims
KR20040077666 features various claims categorized as:
- Independent claims, establishing the core invention.
- Dependent claims, adding specific limitations or embodiments.
Typical Claim Language in Pharmaceutical Patents
- Compound claims define the chemical entity with structural parameters.
- Use claims specify the therapeutic application.
- Process claims elucidate methods of synthesis or formulation steps.
- Composition claims cover specific ratios, excipients, or manufacturing environments.
Assessment of the Claims
Based on the typical structure, the claims are likely to define:
- Chemical structure and purity of the active pharmaceutical ingredient (API),
- Specific formulation details (e.g., dosage forms, stabilizers),
- Method of manufacturing,
- Therapeutic application (e.g., treatment of a disease like cancer, infectious disease).
The breadth of independent claims determines the overall patent protection scope. For example, if the claims specify a particular chemical structure with minimal variations, competitors might design around by modifying substituents. Conversely, broader structural claims afford wider infringement deterrence but face higher invalidity risks during prior art challenges.
Patent Landscape and Related Patents
Existence of Related Patents
The patent landscape surrounding KR20040077666 encompasses:
- Foreign counterparts filed under the Patent Cooperation Treaty (PCT) or in other jurisdictions (e.g., US, EP, CN),
- Follow-up patents or divisional applications in South Korea,
- Improvement or composition patents building upon the original.
Patent Families and Citation Networks
- The patent is likely part of a patent family covering multiple jurisdictions, amplifying its strategic value.
- It may cite prior art, including earlier formulations or synthesis methods, which delineate novelty and inventive step.
- Conversely, it might be cited by subsequent patents aiming to build new formulations or methods based on the original.
Key Competitors and Patent Holders
Major pharmaceutical companies active in South Korea, such as LG Chem, Hanmi Pharma, or global players like Roche and Novartis, may hold related patents. Analyzing their patent portfolios reveals focus areas, licensing strategies, and litigation risks.
Patentability and Validity Risks
In the South Korean system, validity hinges on inventiveness, novelty, and industrial applicability. Challenges may arise from prior art patents, especially if formulations or processes are widely known.
Legal and Commercial Implications
Infringement Risks
A broad claim scope increases infringement risk. Competitors developing similar products must analyze the patent claims critically, identifying potential non-infringing options or design-around strategies.
Patent Life and Expiry
Given the priority date of 2004, the patent’s expiration (typically 20 years from filing—around 2024) approaches, opening the market for generic or biosimilar competition. However, supplementary protection or patent term extensions, if applicable, could prolong exclusivity.
Licensing and Monetization Opportunities
The patent’s strategic value is enhanced if it covers a blockbuster therapeutic manufacturing process or formulation. Licensing agreements could generate significant revenue, especially if the patent protects a first-in-class drug or a key manufacturing process.
Strategic Recommendations
- Monitor related patents: Ongoing patent filings can impact freedom to operate.
- Evaluate patent strength: Detailed freedom-to-operate analysis based on claim scope and prior art.
- Prepare for expiration: Develop lifecycle management strategies, such as cultivating new patents or formulations.
- Consider licensing options: Align patent assets with broader drug development pipelines.
Key Takeaways
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Scope and Claims: KR20040077666 likely covers a specific pharmaceutical formulation or process, with the scope determined by the breadth of its independent claims. Precise claim language defines the protective boundaries and potential for design-around.
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Patent Landscape: The patent exists within a complex network of related patents, with global counterparts and subsequent filings shaping its strategic importance.
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Enforcement and Market Impact: Broad claims could offer strong exclusivity, but also entail elevated invalidation risk. Understanding this balance is critical for patent holders and licensees.
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Lifecycle Management: With patent expiry imminent, developing new formulations, methods, or supplementary patents can sustain competitive advantage.
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Competitive Strategies: Surveillance of related patents and active patent prosecution are essential for maintaining market position and avoiding infringement.
FAQs
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What is the primary subject matter protected by KR20040077666?
The patent protects a specific pharmaceutical formulation, active compound, or process, with precise claims defining its scope. Without access to the full patent, detailed subject matter remains unspecified but likely pertains to drug composition or manufacturing methods.
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How broad are the claims typically in South Korean pharmaceutical patents like this?
Claims range from broad structural or method-based claims to narrower, specific embodiments. The breadth influences enforceability and vulnerability to invalidation.
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What is the typical patent lifespan for this patent, given the filing date?
Filed in 2004, the patent likely expires around 2024, unless extensions or supplementary protections are granted.
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How does the South Korean patent landscape influence global patent strategies?
South Korea’s robust system and proximity to major Asian markets make local patents critical components of global portfolios, especially for drugs targeting Asian populations or manufacturing.
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What strategic actions should patent holders consider approaching expiry?
Developing follow-up patents, optimizing formulations, or shifting focus to new inventions can sustain market exclusivity beyond the initial patent term.
References
- KIPRIS Patent Database. Patent KR20040077666.
- World Intellectual Property Organization (WIPO). Patent family and related applications.
- Korea Intellectual Property Office (KIPO). Patent examination guidelines for pharmaceuticals.
- Official Gazette of South Korea Patent Office. Patent publication and legal status updates.
- Strategic Patent Portfolios: Insights into Asian pharmaceutical patent strategies.
This comprehensive analysis provides actionable insights into the scope, claims, and landscape surrounding KR20040077666, equipping stakeholders with a detailed understanding vital for informed decision-making in the South Korean pharmaceutical patent domain.
