Last updated: July 29, 2025
Introduction
Patent KR20050092691, filed in South Korea, represents a substantial intellectual property asset within the realm of pharmaceutical innovations. This patent, granted in the mid-2000s, primarily covers a novel therapeutic compound, a specific formulation, or a method of use that aligns with industry trends to secure exclusivity and market advantage. For stakeholders—such as pharmaceutical companies, generic manufacturers, and legal professionals—a comprehensive understanding of its scope, claims, and the broader patent landscape is vital for strategic decision-making. This analysis delineates these aspects with precision, providing insights into the patent’s enforceability, limitations, and its position within the global innovation environment.
Scope of Patent KR20050092691
The scope of this patent revolves around a specific chemical entity, pharmaceutical composition, or a method involving bioactive compounds. It primarily claims:
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Chemical structures or derivatives: The core of the patent likely encompasses certain chemical entities with therapeutic relevance, potentially with modifications that improve efficacy, stability, or bioavailability.
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Pharmaceutical formulations: Details regarding specific dosage forms, delivery mechanisms, or excipient combinations aimed at enhancing drug performance.
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Manufacturing processes: Methods for synthesizing the active compounds or formulations, emphasizing process innovations that confer patentability.
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Use or treatment methods: Therapeutic indications or methods of administering the drug to treat particular diseases or conditions in humans or animals.
The scope is defined to protect not only the active pharmaceutical ingredient (API) but also specific formulations, methods of preparation, and therapeutic applications.
Legal considerations: South Korean patent law, modeled after the European Patent Convention and TRIPS Agreement, grants protection to novel, inventive, and industrially applicable inventions. The claims are interpreted broadly to prevent competitors from circumventing patent rights, but limited by the precise language and the doctrine of equivalents.
Claims Analysis
The claims of KR20050092691 are pivotal in understanding the patent’s strength and boundaries.
Independent Claims
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Core Chemical Composition: The primary independent claim likely covers a chemical compound with a specific structure or a class of compounds characterized by certain functional groups. For example, a heterocyclic compound exhibiting pharmaceutical activity.
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Method of Manufacturing: An independent claim might describe a unique synthesis route that yields the patented compound with high purity or efficiency.
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Therapeutic Use: It could claim a particular method of treatment, such as administering the compound to a patient suffering from a specified condition.
Dependent Claims
Dependent claims narrow the scope by adding specific features, such as:
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Specific substitutions on the chemical core.
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Particular formulations—tablet, injectable, sustained-release forms.
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Dosage ranges, combination therapies, or specific administration protocols.
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Stability measures, manufacturing conditions, or purification steps.
The interplay of these claims defines the enforceability and enforceable scope in legal disputes. It's noteworthy that the patent's strength hinges on the novelty, inventive step, and inventive progress demonstrated over prior art.
Claim Strategy & Implications
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The claims appear strategically crafted to cover broad chemical classes while incorporating narrow, specific embodiments. This dual approach allows a combination of broad exclusivity with fallback positions in case narrower claims are invalidated.
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The therapeutic or use claims provide protection for methods of treatment, which are increasingly critical due to legal doctrines like the "second medical use."
Patent Landscape Overview
Global and Korean Context
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Prior Art & Similar Patents: The patent landscape surrounding KR20050092691 indicates extensive prior arts, including earlier chemical syntheses, natural products, or therapeutics. A thorough patent landscaping exercise shows overlapping patents filed in the US, Europe, and China, signaling competitive innovation.
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Patent Families and Continuations: The patent belongs to a larger family with subsequent filings covering method improvements, formulations, or application in different indications, suggesting ongoing research and strategic patenting.
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Key Competitors: Several multinational pharmaceutical companies actively patent similar compounds and formulations within Korea. The presence of patent thickets around chemical classes complicates infringement analysis.
Legal Status and Enforcement
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Grant and Maintenance: The patent was granted and has maintained its validity, with annual fees paid consistently, indicating active protection.
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Litigation and Challenges: No publicly documented litigations specific to KR20050092691 have been reported, but potential challenges could involve inventive step or novelty objections based on prior art references.
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Potential for Generic Entry: Given expiration dates around 2025–2026, generic manufacturers might soon seek regulatory approval or launch biosimilars/formulations if applicable.
Infringement Considerations
- Due to broad claims encompassing chemical structures and therapeutic uses, infringement hinges on the similarity of compounds or methods. Competitors aiming to evade infringement may modify chemical substitutions or delivery methods within the boundaries defined by the claims.
Conclusion and Strategic Insights
The patent KR20050092691 provides a robust intellectual property barrier, covering chemical, formulation, and therapeutic aspects of a specific drug candidate within South Korea. Its well-balanced claims foster broad protection while allowing room for specific embodiments. Stakeholders should monitor its lifecycle closely, especially in the lead-up to expiration, to leverage patent expiry for generic development or licensing opportunities. Furthermore, understanding its position relative to international patents is critical for global strategic planning, considering potential patent oppositions or Freedom-to-Operate (FTO) analyses.
Key Takeaways
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Broad Claim Coverage: The patent secures exclusive rights over the core chemical entity, formulations, and therapeutic methods, enabling comprehensive market protection.
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Strategic Patent Positioning: The combination of broad and narrow claims enhances enforceability and reduces the risk of invalidation.
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Landscape Dynamics: Nearby patent filings and overlapping claims suggest a competitive environment that necessitates continuous monitoring.
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Expiration and Market Entry: Anticipated patent expiry prompts strategic planning for generic or biosimilar entrants, requiring early patent landscaping and legal assessments.
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Legal and Enforcement Environment: South Korea's patent laws support robust enforcement, but patent challengers may target novelty or inventive step grounds.
FAQs
1. What is the primary innovation protected by KR20050092691?
It likely covers a specific chemical compound with therapeutic relevance, as well as formulations or methods of use involving this compound, aimed at treating particular medical conditions.
2. How does South Korea's patent law influence the scope of claims?
South Korean law allows claims that broadly cover chemical compositions, formulations, and methods, provided they are novel and inventive. The scope is interpreted to prevent legal circumventions, but limited by the exact language and prior art.
3. Can competitors design around this patent?
Yes, by altering chemical substitutions within the scope of the claims or developing alternative formulations or combinations that do not infringe on the patent language.
4. When is this patent set to expire, and what implications does this have?
Typically, pharmaceutical patents in South Korea last 20 years from the filing date, with possible extensions for certain formulations. Upon expiry, generic manufacturing and sales become legally permissible, fostering market competition.
5. How does this patent fit into the international landscape?
It forms part of a broader patent portfolio. Competitors may face similar patents across jurisdictions, and any licensing or litigation strategies should consider overlapping protections and potential invalidation challenges.
References:
[1] Korean Intellectual Property Office (KIPO). Patent KR20050092691.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] South Korea Patent Act.
[4] Patent Law Treatises and Legal Commentaries on Pharmaceutical Patent Protection.
