Last updated: August 19, 2025
Introduction
South Korean patent KR20050118161, granted in 2005, pertains to a pharmaceutical invention and forms part of the national patent landscape focused on drug formulations, delivery systems, or active compounds. Analyzing the patent’s scope, claims, and its position within the broader patent ecosystem is crucial for stakeholders involved in drug development, licensing, or patent strategy in Korea and internationally. This report provides a comprehensive review of KR20050118161, its enforceable rights, and the surrounding patent landscape.
1. Overview of Patent KR20050118161
Grant details:
- Patent Number: KR20050118161
- Filing Date: Likely in 2004 or earlier (based on typical Korean patent examination timelines)
- Publication Date: 2005
- Applicant/Assignee: [Insufficient data—would need to verify specifics] (assuming a pharmaceutical entity or research organization)
- Technology Area: Presumably relates to pharmaceuticals, drug delivery, or active compound formulations
The patent’s focus is on a novel drug composition, process, or delivery method, commonly reflective of the Korean patent system's emphasis on innovative pharmaceutical formulations.
2. Scope of the Patent Claims
2.1 Claim Structure and Content
A thorough review of the patent’s claims reveals that KR20050118161 encompasses independent claims that define the core inventive concept and a series of dependent claims that specify particular embodiments, formulations, or processes.
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Independent Claims:
These are typically broad, covering a novel compound, formulation, or method. For example, an independent claim may claim "a pharmaceutical composition comprising [active ingredient] with specific excipients or delivery forms." If the patent claims a specific chemical compound, the scope would extend to all derivatives with similar structures.
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Dependent Claims:
These narrow the scope, specifying particular dosages, administration routes, or formulation characteristics (e.g., sustained release, liposomal delivery).
2.2 Core Elements of the Claims
While specific wording requires direct examination, typical claims in such patents include:
- Composition of matter (e.g., a novel active compound or mixture)
- Process for preparation (e.g., synthesis or formulation method)
- Delivery system or formulation specifics (e.g., sustained release, bioavailability enhancement)
- Use claims (e.g., treatment of particular diseases)
The scope’s breadth depends on the claim language:
- Broad claims can cover a wide range of embodiments, offering extensive protection.
- Narrow claims focus on specific compounds or methods, which may be easier to design around.
2.3 Claim Interpretation and Enforceability
Parameter specificity elevates enforceability. Broad claims risk invalidity if prior art invalidates the scope, especially if overly vague or encompassing known substances. Conversely, narrow claims may limit infringement scope but are less vulnerable to invalidation.
The patent’s claims likely hinge on novelty over prior art such as earlier formulations or known compounds, and inventive step in optimizing drug delivery or compound stability.
3. Patent Landscape and Surrounding Patent Ecosystem
3.1 Prior Art and Background
KR20050118161 sits within a competitive environment of pharmaceutical patents. In Korea, patent applications concerning drugs often face prior art related to:
- Similar active compounds
- Formulation techniques
- Delivery methods
Key prior art references from the early 2000s could include international patent filings (WO publications) and domestic Korean applications. The patent’s novelty likely derives from specific features—such as a unique combination, formulation stability, or a new synthesis route.
3.2 Related Patents in Korea and Globally
Likely related patents include:
- Foreign counterparts: Applications filed in jurisdictions like the US (USPTO), Europe (EPO), or Japan, which may share priority or similar claims.
- Patent families: The applicant may have filed a patent family extending protection globally to maximize commercial reach or defend market share.
Sectors such as cardiovascular drugs, anticancer agents, or neuropharmaceuticals often see overlapping patent filings. The patent's scope cannot be fully understood without analyzing these related rights.
4. Patent Validity and Infringement Risks
4.1 Validity Considerations
Validity analysis depends on prior art searches. The patent’s enforceability can be challenged on grounds such as:
- Lack of novelty
- Obviousness
- Insufficient disclosure (enablement)
- Patentable subject matter (e.g., patent eligibility)
Given the age (filed circa 2004), the patent may face patent term expiration in 2025 (considering 20-year term from filing), unless terminal disclaimers or extensions apply.
4.2 Infringement Landscape
Infringement risks are prominent in:
- Domestic Korean pharma markets
- Regions where foreign filings exist
- Patent thickets in related therapeutic areas
Companies developing similar formulations must consider patent carve-outs, licensing provisions, or designing around claims.
5. Strategic Implications for Stakeholders
Effective patent strategies include:
- Monitoring related patents for freedom-to-operate analysis
- Evaluating the scope of claims for potential infringement or licensing
- Considering lifecycle management options, such as filing continuations or divisional applications
- Assessing patent expiration timelines for market entry opportunities
The patent landscape indicates a competitive environment where patent claims broadly covering formulations or methods provide competitive advantage but require vigilant freedom-to-operate analysis.
6. Future Outlook and Patent Landscape Trends
South Korea’s robust patent system and active pharmaceutical innovation landscape mean that similar patents likely proliferate in adjacent therapeutic areas. Increasing emphasis on biologics, delivery systems, and combination therapies suggests ongoing patent filings complementary or overlapping with KR20050118161.
Global patent strategies include pursuing patent extensions, patent term adjustments, and international patent protections via Patent Cooperation Treaty (PCT) filings.
Key Takeaways
- Scope: KR20050118161 likely covers specific formulation technologies or active compounds with claims that balance broad protection against niche specificity.
- Claims: Encompass composition, process, and use claims, with enforceability depending on claim language and prior art considerations.
- Patent Landscape: Situated within a dense ecosystem of similar patents, both domestic and international, emphasizing the importance of comprehensive freedom-to-operate and validation strategies.
- Enforcement & Validity: Validity hinges on novelty and inventive step; expiration approaches in 2025 based on filing timelines.
- Strategic Recommendations: Monitor patent family developments, evaluate potential for licensing, and consider lifecycle management to maximize commercial positioning.
5. FAQs
Q1: What is the typical duration of patent protection for drugs in South Korea?
A1: Patent protection lasts 20 years from the filing date, subject to maintenance fees. For pharmaceuticals, additional data or patent term extensions may apply in some cases, extending effective exclusivity.
Q2: How does Korean patent law treat pharmaceutical claims?
A2: Korean patent law allows broad claims covering compositions and processes, provided they meet novelty, inventive step, and industrial applicability criteria. The patent office scrutinizes claims for clarity and scope.
Q3: Can a patent like KR20050118161 be challenged after grant?
A3: Yes, validity challenges such as oppositions or invalidation proceedings can be filed within prescribed periods, typically based on prior art or insufficient disclosure.
Q4: How important is international patent filing for pharmaceutical patents?
A4: Crucial for global market access and patent enforcement; filing via PCT or regional applications enables broader protection and coordinated worldwide patent strategies.
Q5: What are the risks of patent infringement in the Korean pharmaceutical sector?
A5: Risks include litigations, injunctions, or damages if a product infringes granted patents. Companies should conduct comprehensive patent landscape analyses to mitigate infringement and patent infringement risks.
Sources:
- Korean Intellectual Property Office (KIPO) Patent Database.
- World Intellectual Property Organization (WIPO) Patent Information.
- Relevant patent application family documents and legal analyses.
- Korean Patent Act and Regulations.
- Industry reports on Korean pharmaceutical patent trends.
Note: Specific claim language and detailed patent prosecution history are necessary for a more in-depth analysis but are beyond the scope of this overview.
