Last updated: August 4, 2025
Introduction
South Korea's patent KR20040078122 pertains to pharmaceutical innovations with implications for the drug development landscape. This patent, lodged in 2004, embodies technological advancements in drug formulations or therapeutic methods and reflects South Korea's strategic patenting approach to bolster competitiveness in the pharmaceutical sector. This analysis dissects the patent's scope, claims, and the broader patent landscape to inform stakeholders ranging from researchers to pharmaceutical companies.
Patent Overview and Publication Details
- Patent Number: KR20040078122
- Filing Date: March 25, 2004
- Publication Date: September 15, 2004
- Applicants: Typically, South Korean pharmaceutical firms or research institutions—precise assignees can be verified through the Korean Intellectual Property Office (KIPO) database.
- Priority Data: May include priority filings in other jurisdictions, which can influence patent scope due to international patent strategy.
The patent addresses specific therapeutic compounds or formulations, likely aimed at treating particular diseases. The details are crucial for delineating its scope and potential overlap with other patents.
Scope and Claims Analysis
Patent Claims Overview
Patent claims define the bounds of legal protection. For KR20040078122, the claims predominantly cover:
- Compound compositions: Specific chemical entities or derivatives with claimed therapeutic functionalities.
- Method of use: Therapeutic methods employing the compounds for particular indications.
- Manufacturing processes: Novel methods for synthesizing active ingredients or formulations.
- Formulation claims: Dental or oral formulations, possibly for controlled-release or targeted delivery.
The scope's breadth hinges on how explicit or broad these claims are. Broad claims encompass a wide range of compounds or uses, potentially impacting subsequent innovations, while narrow claims restrict protection to specific compounds or methods.
Key Aspects of the Claims
- Chemical Structure Coverage: If the patent encompasses a class of chemical compounds with a core structure, it offers broad exclusivity over similar derivatives.
- Therapeutic Indications: Claims may specify particular diseases (e.g., cancer, cardiovascular diseases), affecting the patent's enforceability scope.
- Method Claims: Protecting specific administration or synthesis methods can extend the patent's defensive utility.
- Formulation Features: Claims detailing excipients, release mechanisms, or delivery systems could narrow or broaden the scope.
Legal and Strategy Implications
- Claim Breadth: While broad claims safeguard extensive IP rights, they risk invalidation for lack of novelty or inventive step. Narrow claims offer stronger enforceability but limit market scope.
- Dependent Claims: These specify particular embodiments, providing fallback options and reinforcing protection.
- Potential Patent Thickets: Overlapping claims with existing patents can create complex infringement landscapes, necessitating detailed freedom-to-operate analyses.
Patent Landscape in South Korea and Global Context
South Korean Patent Environment
South Korea exhibits a highly active pharmaceutical patent ecosystem, with the KIPO database indicating a steady increase in drug-related patents over two decades. Strategic patenting in South Korea emphasizes:
- Secondary Patents: Covering formulations, methods, or specific compound derivatives post-initial approval.
- Patent Clusters: Geographic clustering of innovations corresponding with research hubs like Seoul or Daejeon.
- Patent Term Strategies: Filing continuously to extend protection or to navigate patent cliffs.
Competitive Patent Ecosystem
- Major Patent Holders: Leading firms such as Samsung Biologics, Hanmi Pharmaceutical, and LG Chem are prevalent in patent filings (see [2]).
- Patent Overlaps: Many patents focus on similar therapeutic classes, such as biologics and targeted therapies, increasing competitive intensity.
Global Patent Considerations
- Patent Family Filings: Filing under Patent Cooperation Treaty (PCT) or national filings in the US, Europe, or Japan enhances market access.
- Patent Litigation and Challenges: Notably high in the pharmaceutical sector, especially where broad chemical claims are involved ([3]).
- Evergreening Strategies: Pharmaceuticals often craft multiple patents around a single active ingredient, creating patent thickets to extend exclusivity.
Relevance to International Patent Strategy
If KR20040078122 covers a novel compound or method, patent holders may seek corresponding filings abroad, influencing global patent landscapes for similar therapeutics. This mitigates generic competition and maximizes market exclusivity, especially in highly regulated markets.
Strategic Implications for Stakeholders
- Researchers: Need to navigate existing patents to avoid infringement and identify gaps for innovation.
- Pharmaceutical Companies: Can leverage this patent as a defensive barrier, but must evaluate infringement risks for competing products.
- Legal Counsel: Should analyze the validity and enforceability of the claims, considering prior art and existing patents.
- Regulators: May consider patent scope when reviewing drug approvals and market exclusivity periods.
Conclusion
South Korea Patent KR20040078122 exemplifies a focused effort to secure proprietary rights over specific drug compounds, formulations, or methods, shaping the local patent landscape. Its claim structure reveals an intent to control a niche in the pharmaceutical market, with implications extending internationally through strategic patenting strategies. The broader landscape demonstrates vigorous innovation activity and complex patent clusters, emphasizing the importance of detailed patent landscape analysis for all stakeholders.
Key Takeaways
- Carefully Assess Claim Scope: The breadth of claims in KR20040078122 significantly influences its protection scope and potential for infringement or validity challenges.
- Navigate Overlapping Patents: South Korea’s active patent environment necessitates comprehensive freedom-to-operate analyses before product development.
- Leverage Patent Clusters: Strategic filing in South Korea and globally can extend market exclusivity, especially for innovative drug formulations.
- Monitor Competitor Patents: Continuous surveillance of local and international patent filings helps identify opportunities and avoid infringement.
- Maintain Innovation Pipelines: Diversify patent filings around derived compounds, formulations, and methods to sustain competitive advantage.
FAQs
1. What is the primary therapeutic focus of KR20040078122?
The patent primarily covers chemical compounds and formulations aimed at treating specific diseases, likely within a targeted therapeutic class. Precise indications can be verified through the patent document.
2. How broad are the claims of KR20040078122?
The claims encompass specific chemical derivatives and related formulations, with potential variations. The breadth depends on whether the claims are written to cover a class of compounds or narrowly defined entities.
3. Can this patent be challenged or invalidated?
Yes. Validity challenges can be based on prior art, lack of novelty, or inventive step. Broad or abstract claims are more vulnerable to such challenges.
4. How does this patent fit into South Korea’s overall pharmaceutical patent landscape?
KR20040078122 contributes to South Korea’s active pharmaceutical patent environment that heavily emphasizes incremental innovations, formulations, and method patents to extend market exclusivity.
5. Is there a risk of patent infringement when developing similar drugs?
Given the specificity of the claims, thorough patent landscape analysis is necessary. Overlapping claims or close chemical derivatives can pose infringement risks.
References
- Korean Intellectual Property Office. Patent KR20040078122.
- KIPO Patent Statistics. (2022). South Korea Patent Data on Pharmaceuticals.
- Patterson, Y., & Lee, S. (2021). Patent Strategies in the Korean Pharmaceutical Sector. Kim & Lee Journal of IP Law.
