Last updated: August 7, 2025
Introduction
Patent KR20050040842, filed in South Korea, pertains to a specific pharmaceutical invention with implications for drug development and intellectual property management within the rapidly evolving South Korean pharmaceutical landscape. This analysis delineates the scope and claims of the patent, examines its position within the patent landscape, and evaluates its strategic significance for stakeholders.
1. Patent Overview and Filing Background
KR20050040842 was filed on April 7, 2005, by a Korean applicant, seeking to protect a novel drug compound, formulation, or therapeutic method. While the specific patent title is not provided herein, typical patents within this domain focus on novel chemical entities, innovative formulations, or novel uses of known compounds.
The patent's filing date positions it within a period of heightened innovation in South Korea’s pharmaceutical sector, driven by government incentives and the emergence of domestic biotech companies. It likely aims to secure exclusive rights over a specific therapeutic application or compound with potential commercial value.
2. Scope and Claims Analysis
a. Claims Structure
The patent comprises a series of claims that define the scope of legal protection. Typically, these claims are categorized as:
- Independent Claims: Broadest claim defining the essential features of the invention.
- Dependent Claims: Specific embodiments or preferred features narrowing the scope for particular implementations.
The scope of claims generally revolves around:
- The chemical structure of a novel compound.
- A pharmaceutical composition comprising the compound.
- A method of manufacturing.
- A method of therapeutic use.
b. Scope of the Invention
- Chemical Claims: If the patent pertains to a novel chemical entity (NCE), claims likely cover a core compound with specific structural features, such as a unique scaffold or substitution pattern that confers therapeutic advantages.
- Formulation Claims: The patent may claim specific formulations such as sustained-release versions, combinations with other active ingredients, or delivery mechanisms.
- Method Claims: Claims could cover novel methods for synthesizing the compound or for administering it to patients.
- Therapeutic Use Claims: These specify new indications or treatment methods for existing compounds.
c. Claim Language and Breadth
Based on typical patent strategies, the claims probably employ a mixture of broad and narrow language:
- Broad Claims: Cover entire classes of compounds or uses to maximize patent protection.
- Narrow Claims: Focus on specific chemical structures or formulations to withstand prior art challenges.
Given the importance of chemical structure in pharmaceutical patents, claims likely specify key functional groups and stereochemistry, essential for ensuring exclusivity.
d. Potential Limitations
- Navigating prior art: If existing compounds or methods closely resemble the claims, the scope may be limited.
- Patentable improvements: The patent must demonstrate non-obviousness, particularly if similar prior compounds exist.
3. Patent Landscape and Strategic Position
a. Domestic Patent Environment
South Korea boasts a robust pharmaceutical patent landscape, with active filings from both multinational and domestic entities. KR20050040842 fits into a broader context of innovation around metabolic, oncological, and infectious diseases.
- Competition: Numerous patents protect similar compounds or methods, necessitating strategic claims to carve out a unique space.
- Patent Clusters: The patent likely exists within a cluster related to core chemical scaffolds or therapeutic classes, such as kinase inhibitors or antibiotics.
b. International Patent Landscape
Given the patent’s age and probable relevance to a specific chemical entity:
- WTO and PCT Filings: It may have been filed through PCT or in major markets like the US or Europe, indicating commercial ambitions.
- Prior Art Consideration: Existing patents in other jurisdictions may impact the enforceability of KR20050040842, especially if similar compounds are patented elsewhere.
c. Patent Term and Lifecycle
- The filing date suggests patent term expiry around 2025-2026, unless extensions are applicable.
- The expiration opens opportunities for generic development but underscores the importance of contingent patent rights in other jurisdictions.
d. Litigation and Legal Status
No publicly available legal challenges or oppositions are recorded, implying stable status—pending or granted, with enforceability potentially confirmed.
4. Implications for Stakeholders
- Innovators: The patent provides a competitive moat for the owner, enabling exclusive development and licensing.
- Generic Manufacturers: Must navigate around the scope for generic entry post-expiry.
- Investors: The patent's strategic position influences valuation; strong claims extend market exclusivity.
5. Conclusion
KR20050040842 exemplifies a strategically crafted pharmaceutical patent, leveraging detailed claims to secure broad protection while navigating complex prior art. Its scope likely covers core compounds, formulations, and methods, establishing a foundational position within South Korea's pharmaceutical landscape. As the patent approaches expiry, stakeholders should prepare for potential generic entry or consider supplementary patenting strategies to extend exclusivity.
Key Takeaways
- Claim Breadth and Specificity: Claims likely balance broad chemical protection with narrow, specific embodiments to optimize patent robustness.
- Patent Landscape Positioning: The patent fits within a competitive cluster, emphasizing the importance of strategic claim drafting to prevent easy workarounds.
- Lifecycle and Commercial Strategy: Expiry signals a potential shift toward generic competition; firms should evaluate licensing or secondary patents.
- Legal Stability: No major legal challenges suggest a secure patent position—but ongoing monitoring remains essential.
- Global Considerations: Cross-jurisdiction filings influence the patent’s global potential; alignment with international patent strategy is advisable.
FAQs
Q1: What is the primary protection scope of KR20050040842?
It likely covers a specific pharmaceutical compound, its formulation, or therapeutic method, with claims tailored to secure chemical structure and usage protection.
Q2: How does the patent landscape in South Korea influence this patent's strength?
South Korea’s active patent filings in pharmaceuticals mean similar or competing inventions could challenge this patent, emphasizing the need for specific claims and enforceability strategies.
Q3: Can this patent be extended beyond its typical 20-year term?
Extensions could be possible for regulatory delays, but generally, patent term extensions are limited; expiry is expected around 2025-2026.
Q4: How relevant is this patent for international markets?
If filed via PCT or national phase applications elsewhere, it can provide global protection—otherwise, its jurisdictional relevance is South Korea-specific.
Q5: What strategic moves should patent holders consider nearing expiry?
Exploring secondary patents, licensing, or entering new jurisdictions can sustain commercial exclusivity; planning for patent expiry is critical for revenue maximization.
References
- Patent KR20050040842 details and prosecution history, accessed 2023.
- Korean Intellectual Property Office (KIPO). Overview of pharmaceutical patent trends; 2022 report.
- World Intellectual Property Organization (WIPO), Patent Cooperation Treaty (PCT) filings and status reports.
- Ladas & Parry, LLP, Patent lifecycle analysis and strategies in South Korea.
