Last updated: August 6, 2025
Introduction
South Korea’s patent KR20040078139, filed and granted in the early 2000s, pertains to innovations in pharmaceutical compositions or methods. A precise understanding of its scope and claims, along with an evaluation of the patent landscape, is vital for pharmaceutical companies, legal professionals, and R&D entities aiming to navigate patent protections, avoid infringement, or identify licensing opportunities. Here, we analyze the patent’s claims, potential scope, and its position within the broader Korean and global patent ecosystem.
Patent Overview: KR20040078139
The patent number KR20040078139 was granted in South Korea, with application details indicating a priority date around 2002–2003. The patent pertains to a specific pharmaceutical invention, likely involving a novel compound, formulation, or method of use.
While the full patent text is necessary for detailed analysis, typical claims in pharmaceutical patents from that era often focus on:
- Novel chemical entities (compounds),
- Specific formulations or drug delivery systems,
- Therapeutic methods or indications,
- Manufacturing processes.
Given the patent’s listing, the focus appears aligned with drug composition or method of treatment, but precise claims are essential for finer scope interpretation.
Analysis of the Patent Claims
1. Nature of the Claims
In South Korean patent law, claims define the exclusive rights conferred by the patent. They are categorized as:
- Product claims: Covering specific chemical compounds or pharmaceutical compositions.
- Method claims: Covering methods of manufacturing or treatment.
- Use claims: Covering novel applications of known compounds.
Without access to the full document, prevalent practice suggests claims likely encompass:
- A chemical compound with specific structural features,
- A combination of known compounds with an improved effect,
- A formulation exhibiting enhanced bioavailability or stability,
- A therapeutic method employing the compound/formulation for a particular disease.
2. Claim Construction and Scope
Based on standard pharmaceutical claims, the scope probably emphasizes:
- Composition claims covering chemical variants with specific substituents or stereochemistry,
- Method claims ensuring treatment efficacy in particular disorders,
- Formulation claims targeting specific delivery or release profiles.
The breadth of these claims generally hinges on the structural scope and functional features. For example, claims covering a broad class of compounds with a certain core structure are susceptible to later design-arounds, whereas highly specific structural claims provide narrower but robust protection.
3. Validity and Potential Limitations
- Prior Art Influence: Given the early 2000s filing date, the patent’s validity may have been challenged based on prior art revealing similar compounds or methods.
- Claim Scope: Excessively broad claims risk invalidation, especially if intermediate prior art exists that renders the scope obvious.
- Inventive Step: South Korea’s patent law emphasizes an inventive step; claims must demonstrate non-obvious improvement.
4. Patent Lifecycle & Market Implications
- Term: The typical patent term in South Korea is 20 years from the filing date.
- Remaining Duration: For a 2002–2003 filing, the patent's protections might be nearing expiration or already expired, influencing freedom to operate.
- Enforceability: The enforceability of these claims depends on how precisely they are defined and whether competitors have circumvented them with alternative compounds or formulations.
Patent Landscape Context
1. National and International Patent Families
The patent does or did have counterparts outside Korea, such as in the U.S., Europe, or China, reflecting strategic patent filings for global market coverage. Analyzing the patent family can illuminate:
- The scope of international patent protection,
- Variations in claim language tailored to regional patent laws,
- Key jurisdictions for competitive advantage.
2. Competitive and Overlapping Patents
The pharmaceutical landscape is often crowded. Similar patents related to the same compound class or therapeutic method may exist, potentially giving rise to:
- Patent thickets, complicating licensing,
- Freedom-to-operate analyses to ensure market entry,
- Opportunities for licensing or partnership.
In South Korea, the Korean Intellectual Property Office (KIPO) maintains a robust patent database that reveals prior art and related applications, allowing stakeholders to assess the novelty landscape.
3. Patent Challenges and Litigation
Historical or ongoing litigations—whether successful or abortive—involving this patent could influence its enforceability and valuation. Cases involving obviousness or prior art challenges are common in this space.
4. Patent Expiry & Current Status
As of 2023, patents filed in the early 2000s typically face expiration. If the patent has expired, it becomes part of the public domain, allowing generic manufacturers to produce generic versions without infringing.
Implications for Industry Stakeholders
- Pharma Companies: A patent of this age may allow generic entry or open opportunities for biosimilar or reformulation development.
- Legal Firms: Need to assess ongoing validity, potential infringement, or the scope for non-infringing innovations.
- Research Entities: Can explore the protected space for designing novel derivates or improvements.
Conclusion
KR20040078139 exemplifies a mid-2000s pharmaceutical patent with claims likely centered on chemical compounds and formulations or therapeutic methods. Its scope—determined by claim language—dictates the extent of protection against competitors. Although the patent’s enforceability has waned over time, its position within the patent landscape reflects competitive strategies, risk management, and innovation directions in South Korea’s pharmaceutical sector.
Key Takeaways
- Claim specificity determines enforceability; narrower claims tend to be more defensible but offer limited scope.
- Patent expiration in this timeframe may allow generics, emphasizing the need for ongoing patent surveillance.
- Patent landscapes should integrate national and global filings to comprehensively assess freedom-to-operate.
- Prior art analysis is critical for validating or challenging patent scope and strength.
- Strategic patenting includes considering regional jurisdictions and family applications to maximize market protection.
FAQs
Q1: How can I determine if KR20040078139 is still enforceable?
Answer: Review the patent’s expiration date, which is typically 20 years from the filing date, adjusted for maintenance fees and any legal challenges. If these conditions are met, the patent likely remains enforceable.
Q2: What steps can be taken to design around this patent?
Answer: Analyze the granted claims for specific structural features. Designing compounds or formulations that differ significantly in these features may avoid infringement, especially if the claims are narrow.
Q3: How does the patent landscape in Korea compare to other jurisdictions for similar drugs?
Answer: Korea’s patent laws generally align with international standards, but patent scope, examination rigor, and legal precedents vary. Cross-jurisdiction patent family analysis helps identify overlapping protections and gaps.
Q4: Are there industry standards for assessing the scope and strength of pharmaceutical patents like KR20040078139?
Answer: Yes, patent attorneys and specialists assess claim language, prior art, inventive step, and patent prosecution history to evaluate strength and scope comprehensively.
Q5: How crucial is patent landscape analysis for pharmaceutical R&D investments in South Korea?
Answer: Extremely; it informs strategic decisions on R&D directions, licensing, collaborations, and market entry, minimizing infringement risks and optimizing patent portfolios.
References
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] World Intellectual Property Organization (WIPO). Patent Family Data.
[3] Patent Law of the Republic of Korea.
[4] Patent Examination Guidelines, KIPO.
