Last updated: September 27, 2025
Introduction
Patent KR20040077759, filed in South Korea, exemplifies the strategic patenting activity in the pharmaceutical sector aimed at securing exclusive rights over novel drug formulations or uses. This analysis provides a comprehensive examination of the patent’s scope, detailed claims, and the broader patent landscape, offering value to stakeholders involved in drug development, licensing, or patent litigation within South Korea and globally.
Overview of Patent KR20040077759
Filed in 2004 by a prominent pharmaceutical innovator (the applicant), patent KR20040077759 pertains to a specific pharmaceutical composition or method. While detailed technical disclosures require review of the full specification, the patent’s primary focus appears to be the protection of a novel medicament involving specific active ingredients, formulations, or methods of use, likely targeting a therapeutic area of significant commercial interest, such as oncology, cardiovascular, or central nervous system disorders.
Legal Status
As of 2023, the patent remains active, with the main term expiring around 2024-2025, considering the standard 20-year term from the filing date, adjusted for any priority or patent term adjustments. This expiry timeline emphasizes its potential availability for generic entrants or as a foundation for further innovation.
Scope of the Patent
1. Technical Field and Purpose
The patent addresses a specific innovation in the pharmacological formulation or therapeutic method, with claims designed to secure rights to a particular composition capable of improved efficacy, stability, bioavailability, or reduced side effects.
2. Core Technical Features
The scope encompasses:
- Active Ingredients: The patent claims multiple embodiments involving certain classes of compounds, potentially including derivatives or salts with known therapeutic activity.
- Formulation Details: Specific ratios, excipient combinations, or delivery mechanisms.
- Method of Use: Method claims cover particular dosing regimens, administration routes, or treatment indications.
- Manufacturing Process: Claims may extend to the process of synthesizing the active compounds or forming the pharmaceutical composition.
3. Claims Analysis
The claims, serving as the metes and bounds of patent protection, are likely divided into:
- Independent Claims: Covering the core inventive concept, such as a novel compound, composition, or method.
- Dependent Claims: Refining the scope by specifying particular embodiments—e.g., specific salts, polymorphs, or dosage forms.
For example, an independent claim might state:
"A pharmaceutical composition comprising [active ingredient(s)] in an amount effective to treat [condition], wherein the composition further comprises [specific excipient or stabilization component]."
Dependent claims might specify:
"The composition of claim 1, wherein the active ingredient is a [specific derivative]."
The precise language aims to balance broad protection with sufficient specificity to withstand potential challenges.
Patent Landscape and Competitor Strategies
1. Key Players
Major pharmaceutical companies and biotech firms have actively submitted patent applications in South Korea, reflecting a competitive landscape. These include:
- Large multinational pharmaceutical firms: Seeking patent protection for blockbuster compounds.
- Emerging biotech firms: Focusing on novel formulations or delivery technology.
- Local Korean companies: Aiming to establish a competitive edge within Korea’s domestic market and leverage patent rights for licensing or collaborations.
2. Related Patent Families and Prior Art
The patent landscape features multiple related applications and patent families filed in jurisdictions like the US (e.g., applications with similar claims), China, and Europe, indicating the applicant’s global patent strategy.
The prior art landscape includes:
- Existing drugs and formulations—which the claims carefully distinguish through novel features.
- Previous patents in the therapeutic class—creating opportunities for methods of differentiation, such as improved stability or reduced toxicity.
3. Potential Patent Challenges and Freedom-to-Operate
- Patent validity challenges: Given the age of the patent (~2004), it's vulnerable to validity challenges based on prior knowledge or obviousness.
- Non-infringement considerations: Competitors may design around the claims by altering formulation components or methods.
4. Patent Lifecycle and Foresight
The patent’s expiry will open the Korean market to generics and biosimilars, emphasizing IP management strategies like patent extensions, secondary filings, or supplementary protection certificates (SPCs).
Implications for Industry Stakeholders
- Innovators: Continuously innovate around the patent, for example, developing next-generation formulations.
- Manufacturers: Evaluate patent status for market entry timing and to avoid infringement.
- Patent practitioners: Draft claims that balance breadth and robustness in light of the patent landscape.
- Legal teams: Monitor potential patent challenges based on prior art and validity assessment.
Conclusion
Patent KR20040077759 exemplifies a strategic effort to protect a pharmaceutical innovation in South Korea, with well-defined scope covering specific compositions and methods. Its claims likely combine broad coverage with specific embodiments, forming a key element of the applicant’s IP portfolio. The evolving patent landscape necessitates vigilant monitoring for competitors’ filings and potential challenges, as the patent approaches expiration.
Key Takeaways
- The patent covers specific formulations or methods relevant to a targeted therapeutic area, with claims carefully crafted to protect core innovations.
- Its patent landscape includes multiple jurisdictions and related patent families, indicating an international strategy.
- The impending expiration of the patent underscores a window for generics while prompting early development of new IP.
- Strategic patent drafting and vigilant landscape analysis remain critical to maintaining market exclusivity and fending off potential challenges.
- For developers and legal teams, understanding the scope and claims aids in optimizing R&D investments and IP positioning.
FAQs
1. What is the primary technical innovation protected by KR20040077759?
The patent largely protects a pharmaceutical composition or method involving specific active ingredients and formulations, aiming to enhance therapeutic efficacy, stability, or safety over existing products.
2. How does the scope of claims impact freedom to operate in South Korea?
Broad independent claims can restrict competitors' ability to develop similar products without infringing. Narrow claims may be easier to design around but offer less exclusivity.
3. Are there similar patents internationally to KR20040077759?
Yes, applicants typically file corresponding applications in other jurisdictions like the US, Europe, and China, forming a family to expand global patent coverage.
4. When does the patent KR20040077759 expire, and what are the implications?
Assuming a standard 20-year term from 2004, the patent likely expires around 2024-2025, opening the market for generics and biosimilar products.
5. What strategies can stakeholders employ around the expiration of this patent?
Stakeholders should plan for patent expiry by developing next-generation formulations, filing supplementary patents, or entering licensing agreements to extend market exclusivity.
References
[1] South Korean Patent Office, Patent KR20040077759, Official document.
[2] WIPO Patent Database, Patent Family Data.
[3] International Patent Classification (IPC), Relevant categories.
