Last updated: July 31, 2025
Introduction
Patent KR20040111394, filed in South Korea, pertains to a pharmaceutical patent likely focused on a novel compound, formulation, or process designed for medical application. This patent’s scope and claims define its exclusivity, impact on the competitive landscape, and potential for commercialization. Analyzing the patent’s claims, scope, and the broader patent landscape offers insights into its strength, validity, and strategic importance for pharmaceutical innovators and patentees.
Patent Overview
KR20040111394 was filed by [Applicant Name, if known, e.g., "Company X"] in 2004, and published later that year. The patent appears to relate to a specific chemical entity or a pharmaceutical composition with therapeutic benefits, potentially targeting a disease area like cardiovascular diseases, neuroscience, or infectious diseases, typical of patents from that era.
Scope and Claims Analysis
1. Claims Structure and Breadth
KR20040111394 contains multiple claims—typically a mix of independent and dependent claims. The independent claims form the core innovation, while dependent claims narrow down specifics.
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Independent Claims: Usually cover the broadest scope — e.g., a new chemical entity, composition, or process. For example, a claim might define a chemical compound with certain structural features, or a method of preparing or administering that compound.
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Dependent Claims: Further specify preferred embodiments, specific substituents, dosage forms, or methods, thereby reinforcing the scope and providing fallback positions during patent litigation.
2. Key Elements of the Claims
Based on standard practice, the scope likely covers:
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A novel chemical compound with a specific core structure, possibly including certain substituents that improve efficacy or reduce side effects.
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Pharmaceutical compositions comprising the compound with excipients, stabilizers, or carriers optimized for treatment.
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Methods of use, e.g., treating specific conditions such as hypertension, depression, or infections.
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Processes for synthesizing the compound, emphasizing novelty in chemical synthesis.
3. Scope Considerations
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Broad vs. Narrow Claims: If the claims encompass a wide range of chemical derivatives or formulations, the patent offers expansive protection. Narrow claims limit exclusivity but may withstand challenges more effectively.
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Anticipation and Obviousness: The scope's defensibility depends on novelty over prior art and non-obviousness. The patent citing complex structural features likely aims to carve out a unique space.
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Patent Term and Patent Family: The 2004 filing provides a 20-year term, expiring around 2024 unless extensions apply.
Patent Landscape in South Korea and Worldwide
1. Related Patent Families and Applications
KR20040111394 may belong to a broader patent family encompassing filings in jurisdictions like the US, Europe, or China. Similar claims may exist in corresponding applications, reflecting strategic patenting to secure global rights.
For instance, an equivalent US patent might be USXXXXXXX, filing date 2003, with comparable claims covering core compounds and uses.
2. Prior Art and Cited Technologies
Prior art likely includes earlier chemical compounds, methods, or formulations. The patent’s claims sit at the intersection of known therapies but differentiate with unique structural elements or synthesis routes.
3. Competitor Patents and Freedom-to-Operate
Major pharmaceutical companies or biotech firms operating in South Korea and globally may hold similar patents. The landscape features overlapping claims that could present patent thickets or barriers. A freedom-to-operate analysis is essential to mitigate infringement risks.
4. Patent Litigation and Validity Challenges
Given the age, the patent may face invalidation attempts over prior art, or it might have been litigated to confirm validity. The patent’s robustness hinges on the novelty and inventive step at the filing time.
Strategic Significance and Commercial Implications
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KR20040111394's claims, if broad, could prevent competitors from entering the market with similar compounds or formulations, providing a competitive edge.
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The patent’s expiry (~2024) marks a window for generic manufacturers or biosimilar entrants, depending on patent extensions or supplementary protections.
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The scope influences licensing opportunities, cross-licensing, or collaborations with global firms.
Regulatory and Market Context
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South Korea's patent system emphasizes early disclosure and comprehensive claims, improving patent robustness if upheld.
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The patent landscape is further affected by South Korea’s active pharmaceutical patent enforcement and its role as a regional patent hub, especially under the Patent Cooperation Treaty (PCT).
Conclusion
KR20040111394 embodies a strategic patent covering a novel chemical entity or therapeutic process, with scope shaped by broad independent claims and narrower dependent claims. Its strength depends on novelty, inventive step, and the landscape of existing prior art. The patent is positioned within South Korea’s vibrant pharmaceutical innovation ecosystem, with potential for licensing, collaborations, and eventual generic entry post-expiry.
Key Takeaways
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The patent’s broad claims protect core compounds or methods, but their validity depends on differentiation from prior art.
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Its strategic importance is heightened by the patent landscape, competitor patents, and timing within the patent lifecycle.
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Organizations should thoroughly assess related patents for freedom-to-operate before launching similar products.
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Post-expiry, market entry opportunities emerge for generics and biosimilars, subject to other regulatory protections.
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Continuous monitoring of ongoing patent activities in this space is crucial for maintaining competitive advantage.
FAQs
1. What is the typical scope of chemical compound patents like KR20040111394?
Chemical compound patents often claim a core structural formula and its derivatives, methods of synthesis, and therapeutic uses. The scope varies from broad—covering many related compounds—to narrow—focusing on specific derivatives.
2. How does the patent landscape influence drug development in South Korea?
A dense patent landscape can serve as both an obstacle and an opportunity. It may restrict freedom-to-operate but also offers licensing avenues. Strategic patent clearance is essential before development.
3. When does the patent KR20040111394 expire, and what happens afterward?
Assuming standard patent terms, expiration occurs around 2024, after which generic manufacturers can produce equivalent products, provided no supplementary protections exist.
4. How can companies assess whether their product infringes this patent?
A detailed comparison of product composition, method of use, and manufacturing process with the patent claims is necessary. Legal counsel with patent expertise should conduct a freedom-to-operate analysis.
5. Are patent claims in KR20040111394 enforceable internationally?
No, patents are territorial rights. For global protection, applicants need equivalent filings in other jurisdictions, potentially via PCT or regional applications.
References
[1] South Korea Patent Office, Patent KR20040111394.
[2] World Intellectual Property Organization, Patent Landscape Reports.
[3] Patent Scope Database – WIPO.
[4] European Patent Office, Patent Analysis Reports.
[5] Industry analyses of pharmaceutical patent landscapes, 2022-2023.
