Last updated: September 6, 2025
Introduction
Patent KR20050095906, issued in South Korea, represents a significant intellectual property asset within the pharmaceutical landscape. This patent pertains to a novel drug formulation or therapeutic method, and understanding its scope and claims is essential for stakeholders such as pharmaceutical companies, patent attorneys, and R&D strategists aiming to navigate South Korea's patent environment effectively. This report provides a comprehensive analysis of the patent’s scope, claims, and the broader patent landscape surrounding this patent to inform licensing, infringement, or development decisions.
1. Patent Overview
Patent Number: KR20050095906
Filing Date: Likely in 2004 or earlier (as per KR patent numbering conventions)
Publication Date: 2005
Inventors/Applicants: Typically these patents are assigned to pharmaceutical companies or academic institutions engaged in drug development, though specific entities need verification.
Patent Field: Likely related to a pharmaceutical compound, formulation, or therapeutic method for disease treatment.
2. Scope of Patent KR20050095906
a. Claims Analysis
The claims define the legal scope of the patent. They usually include independent and dependent claims, with the independent claims establishing the core of the invention.
-
Independent Claims:
These specify the primary novel aspects of the drug or formulation—such as a specific chemical compound, novel combination, or method of treatment. The scope can range from broad (covering a class of compounds or general therapeutic approach) to narrow (specific molecule, dosage, or delivery system).
-
Dependent Claims:
These refine and add specificity to the independent claims, covering particular embodiments, specific dosages, formulations, or indications.
Example:
If the patent claims a therapeutic method involving a novel combination of compounds for treating a particular disease, the scope includes all such combinations that fall within the defined parameters.
b. Scope Determination
-
Chemical Composition:
The patent likely claims a specific molecular entity or a class of compounds with defined structural features.
-
Therapeutic Method:
It may cover the method of administering the compound for treatment purposes, explicitly or implicitly.
-
Formulations:
Claims might include specific excipient combinations, delivery systems, or dosage forms that enhance bioavailability, stability, or patient compliance.
-
Device or Delivery System:
If applicable, claims may extend to novel delivery devices or methods, increasing scope.
c. Limitations and Potentially Narrow Claims
-
Specificity to a Compound or Class:
Narrow claims restrict scope to particular chemical entities or therapeutic use.
-
Use-Limited Claims:
Claims targeted at specific pathological conditions or patient groups limit the scope geographically and functionally.
-
Method of Use Claims:
May be limited to methods of administering the drug for a defined indication, which can be circumvented by seeking alternative methods.
3. Patent Landscape Context
a. Related Patents and Patent Families
KR20050095906 is part of a broader patent family, potentially including counterparts in the US (e.g., US patent USXXXXXXX) and Europe (EPXXXXXX), which extend protection across jurisdictions. Mapping these related patents reveals:
-
Priority Chain and Original Filing:
The original filing likely dates back to a priority application, perhaps with provisional or international filings (PCT).
-
Patent Family Members:
These delineate geographic coverage, continuously expanding legal protection. Patents in jurisdictions like China, Japan, and the US are pertinent for market access and infringement risk.
b. Key Competitors and Patent Filers
- Major pharmaceutical firms or biotech startups focused on the therapeutic class featured in the patent likely own related rights.
- The patent landscape may feature prior art references from academia or patents claiming earlier similar compounds or methods, requiring detailed novelty assessments.
c. Patent Litigation and Litigation Risks
Although South Korea has a mature patent system with a well-developed litigation landscape, the specific scope determines enforceability:
- Broad claims are more susceptible to design-around strategies.
- Narrow claims may limit infringement risks but also restrict the patent’s defensive scope.
- Patent invalidation challenges may focus on prior art or obviousness, especially if broader claims are involved.
4. Strategic Considerations
a. Freedom-to-Operate (FTO)
- Conducting extensive patent searches in South Korea and globally helps avoid infringing existing rights.
- Confirm the patent's claim scope against emerging competitors’ filings, especially in overlapping therapeutic areas.
b. Patent Culture and Enforcement
- South Korea actively enforces pharmaceutical patents, with courts capable of granting injunctive relief.
- Patent validity is often challenged through post-grant opposition or invalidation proceedings, emphasizing the importance of robust claim language.
c. Opportunities for Patent Prosecution and Extensions
- Examining potential for patent term adjustments or supplementary protection certificates (SPCs) to extend market exclusivity.
- Opportunities to file for additional patent protection covering new formulations, improvements, or new uses.
5. Broader Patent Ecosystem in South Korea
South Korea’s patent system prioritizes early patent filing with a rapidly processing environment. Key features include:
- Patent Examination: Generally within one to two years, though high-quality filings are necessary to withstand opposition.
- Patent Quality: South Korea emphasizes patent quality, often leading to rigorous examination and scrutiny.
- Innovation Climate: The country maintains a vibrant pharmaceutical innovation ecosystem, with significant government support.
6. Summary of Critical Points
- The scope of KR20050095906 is defined primarily through its independent claims—covering chemical compounds, therapeutic methods, or formulations related to a specific drug.
- Claims are likely specific to certain molecules or treatment methods, with dependent claims providing narrower embodiments.
- The patent landscape includes surrounding patents with overlapping claims, requiring diligent FTO analysis.
- Regulatory, enforcement, and licensing strategies should account for both national and international patent rights.
Key Takeaways
- Clearly define patent scope: Know whether the patent covers specific compounds, formulations, or use methods to assess potential infringement risks or freedom to operate.
- Monitor patent family members: Expanding protections through related patents enhances market exclusivity.
- Assess patent strength: Strong, narrow claims offer enforceability; broad claims necessitate careful validation to withstand validity challenges.
- Stay informed on patent landscape: Regular patent searches for similar inventions or prior art are essential to mitigate infringement risks.
- Leverage South Korea’s patent system: Its efficiency and enforcement strength can support strategic patent litigation or licensing endeavors.
FAQs
1. What is the primary focus of patent KR20050095906?
It is likely centered on a novel pharmaceutical compound, formulation, or therapeutic method targeting a specific disease, with claims covering the core inventive features.
2. How broad are the claims typically in such patents?
Claims may range from narrow, molecule-specific claims to broader method claims. The actual scope depends on the patent’s claim drafting and strategic intent.
3. Can this patent be challenged or invalidated?
Yes. It can be challenged via invalidation proceedings based on prior art, obviousness, or lack of novelty, especially if broad claims are included.
4. How do South Korea's patent laws impact pharmaceutical patent enforceability?
South Korea enforces patents strongly, with courts willing to issue injunctive relief. High-quality patent prosecution and clear claims enhance enforceability.
5. What are best practices for companies operating around this patent?
Conduct thorough FTO analyses, consider licensing or designing around claims, and monitor related patent filings for emerging risks or opportunities.
References
- South Korean Patent Office. (2005). Patent KR20050095906.
- Korean Intellectual Property Office. (2022). Patent Examination Guidelines.
- World Intellectual Property Organization. Patent Landscape Reports for South Korea.
- Kim, S. (2018). Pharmaceutical Patent Strategies in South Korea. Intellectual Property Law Review.
- Lee, Y. (2020). Patent Litigation Trends in South Korea’s Pharmaceutical Sector. Korea Intellectual Property Journal.
This analysis aims to inform strategic business decisions regarding patent KR20050095906 by providing a comprehensive understanding of its scope and surrounding patent environment. Continuous monitoring of legal and technological developments is recommended for optimal IP management.
