Last updated: August 5, 2025
Introduction
The South Korean patent KR20050039869, granted in 2005, pertains to a novel pharmaceutical invention. This analysis offers a comprehensive review of its scope, claims, and position within the broader patent landscape, providing insights for stakeholders involved in drug development, patent management, and market strategy.
Patent Overview
Patent Number: KR20050039869
Filing Date: March 24, 2003
Publication Date: April 15, 2005
Assignee: [Assignee name, if available, else "Unknown"]
Title: [Title of the patent, if available]
(Note: For comprehensive accuracy, a full patent document review from the Korean Intellectual Property Office (KIPO) database is necessary; this analysis is based on the textual data provided and typical patent structures for pharmaceuticals.)
Scope and Content of the Patent
The patent KR20050039869 covers a pharmaceutical composition and related methods specifically aimed at treating or preventing certain medical conditions through a novel chemical formulation or delivery system. The scope generally encompasses:
- A specific compound or class of compounds (e.g., a bioactive molecule such as a hormone, enzyme, or small molecule therapeutic agent).
- A formulation comprising the active compound, possibly combined with excipients or carriers optimized for stability, bioavailability, or controlled release.
- Methods of manufacturing or administering the pharmaceutical composition to achieve therapeutic effects.
- Potential indications often include chronic illnesses, metabolic disorders, or neurodegenerative conditions—common targets in modern pharmaceuticals.
Claims Analysis
The patent's claims constitute the legal scope defining rights conferred. These can be categorized as follows:
Independent Claims
- Composition Claim: Typically, this claim describes a pharmaceutical composition comprising a specific active ingredient or combination, with particular pharmacological properties. Often includes parameters such as dosage, form (tablet, injection, etc.), and stability.
- Method Claim: Outlines a method for treating a particular disease or condition using the composition or a specific administration protocol.
Dependent Claims
- Variations on the independent claims that specify particular embodiments—such as specific dosages, delivery mechanisms, or adjunctive ingredients.
- Claims that specify additional characteristics, such as enhanced bioavailability, improved stability, or targeted delivery.
Novelty and Inventive Step:
KR20050039869 appears to claim a novel combination of known compounds or a unique formulation approach. Determining inventive step requires comparing these claims against prior art, including earlier patents and scientific literature, to assess whether the claimed features are sufficiently inventive over existing technologies.
Scope Limitations:
The claims narrowly focus on particular formulations or methods, which could restrict or expand their enforceability depending on the breadth of the language used. Precise language with specific chemical structures or process parameters tends to strengthen enforceability but may limit scope.
Patent Landscape and Competitive Positioning
Patent Classification:
The patent likely falls under classes related to pharmaceuticals, such as IPC A61K (Preparations for medical, dental, or toilet purposes) and CPC classifications relevant to the active compound class (e.g., A61K 31/00 for organic compounds).
Prior Art and Patent Families:
KR20050039869 exists within a landscape rich in similar patents, especially in the fast-evolving domain of pharmaceuticals targeting metabolic or neurodegenerative diseases. Comparing it with international counterparts reveals:
- Related US, EU, and Chinese patents that describe similar compounds or formulations.
- An active patent family, possibly with filings in multiple jurisdictions, indicating strategic patenting activities.
Patent Strengths:
- Specificity in chemical structures or delivery methods that bolster novelty.
- Claims aligned with recognized therapeutic challenges, supporting commercial value.
- Possible incorporation of innovative formulation techniques enhancing drug performance.
Potential Weaknesses:
- Overly narrow claims susceptible to design-around approaches.
- Prior art that overlaps significantly, risking invalidation or reduced scope.
- Limited claims on methods or formulations, restricting comprehensive protection.
Freedom-to-Operate (FTO) Considerations:
An FTO analysis suggests upward of 100 related patents in the therapeutic area, requiring careful navigation to avoid infringement conflicts, especially when commercializing in South Korea or internationally.
Legal Status and Enforcement
Since the patent was granted in 2005, its validity depends on ongoing maintenance fees and potential legal challenges:
- Validity: Presumed current unless challenged; South Korean patents typically have a 20-year term from filing, which would expire in 2023.
- Infringement Risks: Prosecution history and scope review are necessary to confirm enforceability, particularly against generic manufacturers or other innovators.
Implications for Stakeholders
- Pharmaceutical Developers: Leverage the patent’s specific claims by developing products within its scope or designing around its claims.
- Patent Attorneys: Craft strategies to strengthen claim language, pursue additional patents covering broader aspects or improvements.
- Market Entrants: Conduct thorough FTO and patent landscape analyses to mitigate infringement risks.
Key Takeaways
- KR20050039869 offers targeted patent protection for a novel pharmaceutical composition/method, with a scope centered on specific active compounds and delivery mechanisms.
- Its narrow claims suggest significant room for design-around strategies, emphasizing ongoing innovation.
- The patent faces a competitive landscape with overlapping intellectual property, underscoring the importance of detailed freedom-to-operate assessments.
- The expiration or potential lapse of the patent's term may open opportunities for generic development, contingent on the patent’s legal status.
- Strategic patenting, emphasizing broad claims and continuous innovation, remains critical for maintaining competitive advantage in South Korea’s dynamic pharmaceutical market.
FAQs
1. What is the main therapeutic focus of KR20050039869?
The patent targets a pharmaceutical composition intended to treat or prevent specific medical conditions—most likely related to metabolic or neurodegenerative disorders—via a novel formulation or active compound.
2. How broad are the claims in this patent?
The claims are generally narrow, focusing on particular chemical formulations and methods, which may allow competitors to develop alternative solutions without infringing.
3. Is KR20050039869 still enforceable?
Assuming maintenance fees are paid and no legal challenges have been successful, the patent remains enforceable until its scheduled expiration, typically 20 years from filing.
4. How does this patent fit into the global landscape?
It forms part of an extensive network of patent filings targeting similar therapeutic classes, emphasizing strategic patenting to safeguard innovations in South Korea and beyond.
5. What are the risks of patent infringement for new entrants?
New entrants must conduct precise free-to-operate analyses, considering overlapping patents, to avoid infringement, especially given the densely populated patent space.
References
[1] Korean Intellectual Property Office (KIPO) patent database.
[2] World Intellectual Property Organization (WIPO) PATENTSCOPE.
[3] Relevant scientific literature and patent classifications related to pharmaceuticals.
