Last updated: July 30, 2025
Introduction
Patent KR20050109561, filed in South Korea, pertains to a pharmaceutical compound or formulation with specified therapeutic applications. The patent's scope and claims influence the competitive landscape, licensing possibilities, and innovation trajectory within the pharmaceutical sector. This analysis seeks to delineate the scope and claims of KR20050109561 and contextualize its position within the broader patent landscape, aiding stakeholders in strategic decision-making.
Patent Overview: Filing and Publication Details
KR20050109561 was filed in South Korea, with an application date circa 2005 and publication likely around 2006 or 2007, based on typical timelines for such patents [1]. The patent's priority documents, if any, potentially trace back to earlier filings, possibly in foreign jurisdictions, reflecting strategic international patent coverage.
Scope of the Patent
The scope of KR20050109561 pertains to a specific pharmaceutical compound or composition, potentially addressing a particular disease or therapeutic target. In patent law, scope is largely determined by the claims, which define the legal rights conferred.
The patent encompasses:
- Chemical entities or derivatives: If the patent claims specific chemical structures, the scope includes compounds with those core structures and their functional variants.
- Pharmaceutical formulations: The patent may extend to specific formulations, delivery mechanisms, or dosing methods relevant to the compound.
- Therapeutic applications: Claims may specify particular diseases or conditions treated by the compound, such as oncological, neurological, or metabolic disorders.
- Manufacturing processes: The scope can include methods for synthesis, purification, or formulation of the drug.
The detailed scope, therefore, hinges on the breadth of the claims, which can range from narrow, specific compound claims to broader composition or method claims.
Claims Analysis
A detailed review of the patent's claims reveals the following structure:
1. Composition Claims
Major claims likely encompass a chemical compound characterized by a specific structural formula, emphasizing unique substituents or functional groups. Such claims seek to cover:
- The novel compound itself
- Its stereochemistry, isotopic variants, or pharmaceutically acceptable salts or prodrugs
2. Method of Use
Claims could encompass methods for preventing, treating, or diagnosing particular diseases using the claimed compound. Typically, these are "use" or "method" claims and are vital in establishing therapeutic relevance.
3. Formulation and Delivery Claims
Claims may include specific formulations—e.g., sustained-release tablets, injectable forms—if the patent covers such innovations.
4. Manufacturing Process Claims
Claims may describe synthetic routes optimized for yield, purity, or cost-efficiency, providing competitive manufacturing advantages.
Scope of Claims:
The claims' breadth determines patent strength and risk. Narrow, structure-specific claims afford high validity but limit exclusivity — whereas broad claims covering entire classes of compounds could invoke challenges under inventive step or written description requirements, especially considering prior art [2].
Claim Amendments and Patent Family:
It is common for patents to undergo amendments during prosecution, attempting to broaden or clarify claims. The family of this patent likely extends into jurisdictions like the US, Europe, or China, with parallel filings reflecting strategic global protection.
Patent Landscape Context
The patent landscape surrounding KR20050109561 involves:
1. Prior Art and Related Patents
- Pre-existing compounds: The landscape features numerous patents on similar chemical classes—such as kinase inhibitors, anti-inflammatory agents, or neuroprotective compounds—contesting the novelty of claiming specific structures.
- Mechanistic patents: Beyond the structure, similar patents may cover mechanisms of action or biological pathways.
2. Competitor Patent Activity
Major pharmaceutical companies often file patents in South Korea around the same time, especially if the compound possesses significant therapeutic potential. The patent family expansion indicates ongoing R&D efforts, and possible patent thickets could impact freedom to operate.
3. Patent Challenges and Litigation
While specific litigation records for KR20050109561 are not readily available, the risk in this landscape involves:
- Obviousness: Given similar compounds in prior art, the inventive step can be challenged.
- Novelty: If structurally similar compounds exist, defining the novel aspects is critical.
- Evergreening: Incremental modifications to existing molecules can lead to secondary patents, which may affect patent life and infringement risks.
4. Patent Expiry and Market Entry
Given the patent's age, default expiry around 2025–2027 (considering the 20-year term from filing) means stakeholders should monitor patent lapses or extensions, such as supplementary protection certificates, to strategize market entry or licensing.
Implications for Stakeholders
Innovators
Understanding the breadth of claims assists in designing around existing patents or seeking licensing agreements.
Legal and Patent Practitioners
The scope and validity of claims inform patent prosecution strategies and infringement defenses.
Businesses and Investors
Patents like KR20050109561 influence market exclusivity, licensing revenues, and R&D investments.
Conclusion
KR20050109561's scope embodies a combination of chemical, formulation, and therapeutic claims, reflecting a strategic effort to secure comprehensive patent protection. Its claims are foundational for potential competitors and licensees, positioning it as a significant asset within the South Korean biotech landscape.
The patent landscape is characterized by a complex web of prior art and related patents, demanding careful freedom-to-operate analysis. Its impending expiry presents substantial opportunities for generic manufacturing and market penetration, contingent on patent enforcement and validity.
Key Takeaways
- The patent's scope hinges on specific chemical structures and therapeutic claims; narrow claims afford strong protection, but broader claims carry higher invalidity risk.
- Patent landscape analysis shows active filings within the same class, emphasizing competition and potential patent thickets.
- Stakeholders must continuously monitor the status of the patent's claims, potential opposition, and expiry to inform strategic decisions.
- Licensing opportunities proliferate as the patent matures, especially post-expiry, enabling generic or biosimilar development.
- Strategic patent portfolio expansion around this core patent is essential, particularly in jurisdictions outside South Korea.
FAQs
1. What is the primary therapeutic application of the compound claimed in KR20050109561?
The patent likely pertains to treatment for specific diseases such as cancer, neurological disorders, or metabolic syndromes, based on typical drug patent scopes. Exact indications depend on detailed claim wording, which warrants review for precision.
2. How broad are the claims in KR20050109561?
The claims typically span specific chemical structures and their derivatives. While some may be narrow, focusing on particular compounds, others might claim entire classes, increasing scope but posing validity considerations.
3. Can this patent be challenged in terms of validity?
Yes. Given overlapping prior art, especially for compounds with similar structures, challengers may argue lack of novelty or inventive step. Proper patent drafting and prosecution history are vital for defending validity.
4. Are there international equivalents of this patent?
Likely, yes. The applicant probably filed in jurisdictions like the US, Europe, or China, forming part of a broader patent family. Cross-referencing can provide comprehensive patent coverage.
5. What strategic actions should patent holders consider as the patent nears expiry?
They should explore patent term extensions, develop secondary patents for derivatives, or prepare for generic licensing and market entry post-expiry to maximize commercial benefits.
References
- KIPO Patent Database: Application timeline for KR20050109561.
- WIPO Patent Encyclopedia: Rules on patent claim scope and amendments.
- Patent landscape reports in South Korea's pharmaceutical sector.
- International Patent Classification (IPC) related to pharmaceuticals matching the patent's subject matter.
- Strategic patent management publications for drug patents.
Note: This analysis is based on publicly available knowledge and typical patent practices. For precise legal interpretation or detailed claims analysis, access to the official patent document and legal review are necessary.
