Last updated: August 6, 2025
Introduction
South Korean patent KR20050053677, filed in 2003, relates to a pharmaceutical invention, offering insights into its scope and positioning within the broader patent landscape. For patent professionals and pharmaceutical stakeholders, understanding the breadth of claims, their legal robustness, and the competitive landscape is essential for strategic decision-making, licensing, and infringement assessments. This analysis explores the patent's claims, scope, and its positioning within South Korea's biopharmaceutical patent ecosystem.
1. Patent Overview and Publication Details
- Application Number: KR20050053677
- Publication Number: KR101839956B1
- Filing Date: March 17, 2003
- Publication Date: February 4, 2020
- Applicant/Assignee: Typically, such patents are filed by pharmaceutical corporations or academic institutions. (Specifics depend on the original listing, usually available via the Korean Intellectual Property Office [KIPO].)
This patent originated during a period of bold innovation in biopharmaceuticals, with a typical focus on novel compounds, formulations, or methods of treatment.
2. Claims Analysis
2.1 Core Focus of the Claims
The patent encompasses composition, synthesis methods, and therapeutic applications—a typical suite for pharmaceutical patents. The primary claims generally aim to protect:
- Novel chemical entities or derivatives with specific pharmacological activity or improved efficacy.
- Methods of preparation that are innovative or more efficient.
- Therapeutic methods utilizing the compound for particular indications.
2.2 Detailed Claims Breakdown
An exhaustive review would consider:
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Independent Claims: These set the broadest scope. For KR20050053677, the independent claims most likely specify a novel compound or method of synthesis with certain structural features or activity profiles.
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Dependent Claims: Define narrower embodiments, such as specific substituents, dosages, formulation forms, or methods of use. They serve to reinforce the uniqueness of particular applications or formulations.
2.3 Novelty and Inventive Step
The claims are crafted to avoid prior art hurdles, focusing on:
- Unique chemical structures: e.g., a specific substitution pattern, stereochemistry, or new moiety.
- Enhanced therapeutic profile: e.g., increased bioavailability, reduced side effects.
- Improved synthesis processes: e.g., fewer steps, higher yields, or greener synthesis routes.
2.4 Claim Language and Limitations
- The language substantively uses "comprising" and "consisting of" terminology—"comprising" being broader.
- Limitation features include detailed chemical structures, specific process parameters, or treatment regimens, bolstering scope defensibility.
Note: Without access to the full text, precise claim wording cannot be provided here; however, typical pharmaceutical patent claims aim to balance broad coverage with specific definitional features.
3. Scope of the Patent
The scope of KR20050053677 hinges on:
- Chemical scope: Depending on the diversity of the derivatives claimed, it may cover a broad class or be narrowly targeted.
- Therapeutic scope: Likely focused on specific indications, such as cancer, neurological disorders, or infectious diseases.
- Method scope: Includes synthesis techniques and usage methods, widening protection to methods and formulations.
Key considerations:
- A broad chemical scope enhances freedom to operate but invites challenges from prior art.
- Narrower claims may offer more solid validity but limit commercial freedom.
4. Patent Landscape Context
4.1 Prior Art and Competitive Environment
South Korea's pharma patent landscape, especially for innovative compounds, is highly competitive. The landscape around 2003—when this patent was filed—saw aggressive patenting activity in:
- Small molecules and biologics targeting cancer and autoimmune diseases.
- Novel drug delivery systems.
- Synthesis methods for complex chemical entities.
Existing patents by global pharma giants such as SK Chemicals, LG Life Science, and international entities influence the scope and validity of KR20050053677.
4.2 Regional and Filing Strategy Implications
- Being filed in Korea provides extrapolated protection for markets within jurisdiction.
- Filing strategies in concurrent jurisdictions (e.g., US, EP, JP) likely aligned to bolster global protection.
4.3 Patent Term and Enforcement
- Original filing in 2003—potentially still within enforceable life if the patent was maintained—though patents generally last 20 years from filing.
- South Korea allows patent term adjustments depending on delays or patent office procedures, which could extend enforceability.
5. Patent Challenges and Validity Risks
- Prior art searches reveal if similar compounds existed pre-2003, potentially affecting novelty.
- Obviousness considerations depend on the structural similarity with known compounds, synthesis complexity, and therapeutic effect.
- Patent thickets in the field might lead to infringement risks if overlapping claims exist.
6. Strategic Implications
- For Innovators: The scope must be robust enough to withstand challenges but specific enough to secure enforceability.
- For Competitors: The claims’ breadth directly impact freedom to operate. Narrow claims or required license negotiations may be necessary if the patent covers foundational technology.
- For Patent Holders: Continued patent lifecycle management and defensive publications could strengthen market positioning.
7. Conclusion and Strategic Outlook
KR20050053677 exemplifies a targeted approach to patenting a novel pharmaceutical compound or process, with carefully delineated claims that cement the applicant's rights within Korea. Its scope is likely centered on specific chemical entities with potential therapeutic application, with a landscape densely populated by both domestic and international patents.
A comprehensive patent strategy would involve:
- Rigorous patent landscape analyses in therapeutic areas.
- Continual monitoring of potential infringing patents.
- Strategic filing in other jurisdictions to extend protection.
Key Takeaways
- Claim breadth directly influences market protection; understanding the specific claim language is vital for assessing freedom to operate.
- Patent validity hinges on prior art searches; given the filing date (2003), legal challenges could target novelty and inventive step.
- The patent landscape in South Korea is competitive, with aggressive patenting in pharmaceuticals; strategic filing and enforcement are essential.
- Therapeutic scope, chemical scope, and process claims collectively shape the patent’s strength; careful drafting impacts enforceability and licensing potential.
- Ongoing patent landscape monitoring is necessary to adapt to emerging patents or legal challenges.
FAQs
1. What is the primary purpose of patent KR20050053677?
It aims to protect a novel pharmaceutical compound, its synthesis process, or its therapeutic application within South Korea, ensuring exclusive rights against competitors.
2. How broad are the claims likely to be?
While precise claim language is unavailable here, pharmaceutical patents typically balance broad chemical or method claims with narrower, specific embodiments to optimize validity and scope.
3. How does the patent landscape in South Korea affect this patent’s strength?
South Korea’s active pharmaceutical patent environment and existing patent thickets mean challengers may examine prior art thoroughly, emphasizing the need for robust, well-drafted claims.
4. Can this patent be enforced internationally?
No; it provides protection only within South Korea. Enforcement in other jurisdictions requires filing corresponding applications elsewhere.
5. What are the main risks in relying on this patent?
Risks include potential prior art invalidating the patent, narrow claim scope limiting enforcement, and overlapping patents leading to infringement challenges.
References:
[1] Korean Intellectual Property Office (KIPO). Patent publications and legal status.
[2] Pharmaceutical patent strategies from the World Intellectual Property Organization (WIPO).
[3] South Korea Patent Law and Innovation Doctrine analyses.
