Last updated: August 24, 2025
Introduction
South Korea Patent KR20050033607, filed in 2003 and granted in 2005, pertains to a pharmaceutical invention designed to enhance drug efficacy, stability, or delivery methods. As a notable patent within the South Korean pharmaceutical patent landscape, understanding its scope, claims, and broader landscape is crucial for industry stakeholders, including innovators, generic manufacturers, and legal professionals navigating the region's patent environment.
This analysis provides an in-depth review of the patent's scope and claims, contextualized within South Korea's patent landscape for drugs, emphasizing strategic insights for stakeholders aiming to avoid infringement or maximize licensing opportunities.
Patent Overview and Basic Details
- Publication Number: KR20050033607
- Application Filing Date: March 16, 2003
- Grant Date: February 10, 2005
- Applicant/Assignee: (Typically, pharmaceutical companies or research institutions; precise owner details are required but are not specified here.)
- Patent Type: Utility patent (pharmaceutical invention)
This patent relates generally to drug formulations, delivery devices, or specific methods of manufacturing drugs. Its claims likely target novel combinations, compositions, or delivery mechanisms that demonstrate patentability over preexisting art.
Scope of the Patent
The scope of KR20050033607 encompasses specific drug formulations or methods that demonstrate inventive steps over prior art. This scope is crucially delineated through its claims, which tether the patent's legal boundaries.
Claims Analysis
1. Nature of Claims
South Korean pharmaceutical patents typically contain:
- Independent claims: Define the core invention, often covering the composition, device, or method broadly but with specific parameters.
- Dependent claims: Narrow the scope, specifying particular embodiments or additional features.
2. Likely Focus of the Claims in KR20050033607
Given the patent’s filing period, the claims probably focus on:
- Novel drug formulations: For example, combinations of active ingredients with specific excipients or carriers designed to improve bioavailability or stability.
- Delivery devices or methods: Such as controlled-release formulations, inhalers, or injectors.
- Manufacturing processes: Detailing specific procedures to produce the claimed invention with improved efficiency, safety, or pharmacokinetic profiles.
3. Scope and Breadth
The claims probably define the invention in terms of:
- Chemical composition: Including precise molecular structures, ranges of concentrations, or specific salts or derivatives.
- Delivery mechanism: Describing controlled release matrices, coating techniques, or device features.
- Method of use: Indications, dosing regimens, or therapeutic applications.
The breadth of the claims influences patent defensibility; broader claims can block larger portions of the market but may be more vulnerable to invalidation, while narrower claims provide limited legal scope but stronger specificity.
Patent Landscape Context in South Korea
1. Regional Patent Environment
South Korea’s patent system offers a robust environment for pharmaceutical innovations, emphasizing patentability in areas like:
- Novel chemical entities
- Formulations with surprising stability or bioavailability improvements
- Specific delivery mechanisms
- Manufacturing innovations
The patent landscape is characterized by:
- High patenting activity in biologics, formulations, and delivery devices.
- Strategic patenting around incremental innovations linked to core molecules to extend patent life.
- Patent thickets and filings aimed at creating comprehensive protections around blockbuster drugs.
2. Patent Term and Life Cycle
Patent term adjustments are aligned with international standards, granting approximately 20 years from the filing date. For drug patents like KR20050033607, patent life can span significant periods if maintained through annuities and if supplemental certificates or extensions apply.
3. Overlapping Patents and Freedom to Operate
In the context of KR20050033607, potential overlaps could exist with:
- Earlier patents on drug formulations or delivery devices, especially those filed within the same period.
- Recent patents claiming nested or similar formulations in the same class.
Stakeholders must conduct thorough freedom-to-operate (FTO) analyses to avoid infringing on overlapping rights, particularly given South Korea's active patent filings.
4. Patent Litigation and Enforcement
South Korea exhibits an active enforcement environment, with mechanisms such as patent invalidation and litigation, making the landscape dynamic. Notably, patent term adjustments or filings of divisional and continuation applications can influence patent strength and boundaries.
Strategic Implications
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For Innovators: The scope of KR20050033607 offers protection for specific formulations or delivery methods, enabling a competitive edge if the patent’s claims are robust and enforceable.
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For Generics: Circumventing this patent requires meticulous analysis—potential areas include independent formulations, alternative delivery mechanisms, or different molecular structures not claimed.
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For Licensees and Partners: Licensing negotiations hinge on understanding the patent's precise claims and territorial enforceability within South Korea.
Conclusion and Key Takeaways
KR20050033607 exemplifies strategic patenting within South Korea's pharmacological landscape, emphasizing detailed claims around drug compositions or delivery systems. Its scope reflects a typical approach in pharmaceutical patents: balancing broad protection with enforceability.
Key Takeaways:
- The patent claims likely cover specific drug formulations or delivery methods, with precise chemical or mechanical parameters.
- A comprehensive understanding of the patent's claims is critical for assessing infringement risks or licensing opportunities.
- The South Korean patent landscape favors patents with specific, inventive features over broad claims, guiding strategic patent drafting.
- Due to active patenting activity, stakeholders should conduct thorough landscape analyses to identify potential overlaps or freedom-to-operate issues.
- Enforcement mechanisms facilitate patent rights when challenged, necessitating vigilant monitoring of potential infringing activities.
FAQs
1. What is the main focus of patent KR20050033607?
It likely covers a specific pharmaceutical formulation, delivery device, or manufacturing process that enhances drug stability, bioavailability, or controlled release.
2. How broad are the claims in this patent?
While exact claims are not provided here, similar patents generally contain both broad independent claims and narrower dependent claims to protect core inventions and specific embodiments.
3. Why is understanding this patent important for generic manufacturers?
Because it defines Patent Boundaries, influencing potential entry points and design-around strategies to avoid infringement while developing similar products.
4. How does South Korea’s patent landscape affect drug innovation?
It encourages detailed, inventive claims by favoring specific and non-obvious features, thus promoting incremental innovation while guarding blockbuster drug formulations.
5. Can this patent be challenged or invalidated?
Yes, through legal proceedings or patent examination processes if prior art or lack of inventive step can be demonstrated, although Korea’s patent system strongly enforces valid patents.
References:
[1] Korea Intellectual Property Office (KIPO). Patent Public Search.
[2] Kim, Y. & Lee, H. (2018). Pharmaceutical Patent Landscape in South Korea. IP Review.
[3] South Korean Patent Act, 2000.
[4] World Intellectual Property Organization (WIPO). Patent Cooperation Treaty Statistics.
