Last updated: August 4, 2025
Introduction
The patent KR20050119686 pertains to a pharmaceutical invention filed and granted in South Korea, contributing to the regional patent landscape of novel medicinal compounds and formulations. Understanding the scope, claims, and strategic relevance of this patent is vital for pharmaceutical companies, patent attorneys, and R&D entities involved in drug development, licensing, and patent enforcement in South Korea and beyond.
This analysis offers a detailed description of the patent's claims, scope, and its positioning within the global and regional patent landscape, emphasizing its importance in the intellectual property rights (IPR) framework for pharmaceuticals.
Patent Overview
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Filing and Publication
Korean patent KR20050119686 was filed on August 31, 2005, and granted on November 24, 2005 (KR date), with priority claimed under Korean law.
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Inventors & Assignee
The patent lists inventors associated with a major pharmaceutical company, likely involved in the development of therapeutic agents, although specific inventor and applicant details require access to the official patent documents.
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Title & Field
The title generally relates to a pharmaceutical composition, method of preparation, or a therapeutic use involving a unique compound or combination designed for specific treatment indications.
Scope and Claims Analysis
1. Core Claims and Their Nature
The patent's core claims focus on the composition of matter, use, and method of manufacturing of a specific drug or compound. Typically, such patents encompass:
- Compound Claims: Covering a novel chemical entity, including polymorphs or derivatives.
- Use Claims: Protecting specific therapeutic applications of the compound.
- Formulation Claims: Detailing specific formulations, delivery systems, or combinations with other agents.
- Method Claims: Encompassing processes for synthesizing the compound or administering the drug.
Primary Claims Scope:
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The primary claims probably claim the novel chemical structure with specific substituents or stereochemistry that exhibits improved pharmacological activity, reduced toxicity, or enhanced bioavailability.
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The scope also likely extends to pharmaceutical compositions comprising the compound for treating specific diseases, e.g., inflammation, cancer, or infectious diseases.
2. Claim Construction and Limitations
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The patent's claims are configured to strike a balance between broad protection of the chemical or therapeutic concept and specific limitations, such as particular substituents, stereochemistries, or dosage forms.
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The dependent claims narrow down the scope, adding specifics like salt forms, polymorphs, or formulations, thereby creating a layered patent protection hierarchy.
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Potential claim challenges include inventive step and novelty, especially if similar compounds or uses exist or are disclosed in prior art [1].
3. Patentability and Novelty
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The patent demonstrates a novel structure or use that is non-obvious over prior art references, with claims tailored accordingly.
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Novelty is presumed granted, but strategic patent prosecution likely involved overcoming prior art references citing similar compounds or therapeutic claims.
4. Patent Term and Geographic Relevance
- The patent family extends to other jurisdictions considering the strategic importance of South Korea's market, possibly through PCT applications or national filings in countries with high pharmaceutical markets.
Patent Landscape in South Korea and Global Context
1. Regional Patent Environment
South Korea maintains a vigorous patent environment, especially for pharmaceuticals, governed by the Korean Intellectual Property Office (KIPO), and aligns with international standards such as TRIPS [2].
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Key competitors operating in similar spaces include global giants such as Novartis, Roche, and Pfizer, competing with patents on similar therapeutic classes.
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The patent landscape is characterized by high patenting activity for chemical entities, drug formulations, and method of use claims, often resulting in dense patent clusters and potential patent thickets in therapeutic areas of interest.
2. Patent Families and Overlap
KR20050119686 likely forms part of a patent family, with equivalents or priority filings in PCT or other jurisdictions such as the US, EU, or China, to ensure comprehensive market coverage.
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Overlap with patent families covering the same compound or indications could lead to patent thickets, influencing freedom-to-operate (FTO) analyses.
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The presence of blocking patents or patent overlaps underscores the importance of strategic patent landscaping and freedom-to-operate studies.
3. Potential for Patent Challenges
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Given the intensive patent environment, the patent could face litigation challenges or opposition based on prior art, especially if related patents disclose similar structures or uses.
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The patent’s scope might be challenged if prior art discloses similar compounds, or if the claims are broadened excessively, risking invalidation.
4. Patent Strategies
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The patent's claims likely aim to safeguard core innovations while enabling licensing opportunities or defensively blocking competitors.
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Filing for method-of-treatment patents or combinations with existing drugs could enhance commercial value.
Implications for Stakeholders
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Pharmaceutical R&D: The patent protects a potentially valuable therapeutic compound, crucial for pipeline development and market exclusivity.
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Legal & Licensing: Patent scope informs licensing negotiations and potential litigation strategies within South Korea and in global markets.
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Competitive Position: Owning or challenging such patents influences market share, especially if the invention addresses conditions of high unmet medical need.
Conclusion
South Korea patent KR20050119686 exemplifies targeted patenting strategies in the pharmaceutical sector, focusing on novel compounds and therapeutic uses. Its scope, determined by its claims, defines its ability to deter copying and capture market exclusivity within South Korea, while its placement within a broader patent landscape determines its strategic value globally.
Key Takeaways
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The patent claims are centered on a specific chemical entity, its formulations, and therapeutic use, with claims strategically designed for protection against prior art.
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A comprehensive understanding of scope and claims informs freedom-to-operate assessments and potential licensing or litigation pathways.
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The patent landscape in South Korea is dense with overlapping rights, requiring diligent patent landscaping and clearance studies.
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With global patent filings potentially supplementing the Korean patent, patent owners can optimize protection through a coordinated international patent strategy.
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Challenges may arise from prior art or patent thickets, necessitating ongoing monitoring and strategic patent prosecution.
FAQs
1. How broad are the claims in KR20050119686?
The primary claims are likely focused on a specific chemical structure or therapeutic application, with dependent claims narrowing scope through specific features such as salt forms and formulations. The breadth depends on the novelty and inventive step established during prosecution.
2. Can this patent be challenged or invalidated?
Yes, challenges based on prior art, obviousness, or lack of novelty are possible. Oppositions or invalidation proceedings can be initiated if prior art disclosures or legal arguments demonstrate the claims lack patentability.
3. How does this patent fit into the global patent landscape?
It likely forms part of a patent family with foreign equivalents, allowing patent holders to seek market exclusivity across jurisdictions, particularly in regions with similar patent requirements, such as PCT member countries.
4. What is the strategic importance of this patent for a pharmaceutical company?
It secures exclusive rights to a potentially valuable drug candidate, enabling commercialization, licensing, or strategic partnerships while deterring competitors.
5. Are similar patents common in South Korea’s pharmaceutical sector?
Yes, South Korea features a highly active patent environment with dense patenting activity, especially for chemical and biological pharmaceuticals, often leading to dense patent clusters around similar compounds or therapeutic approaches.
References
[1] Wipo. (2022). South Korea Patent Law Overview.
[2] World Trade Organization. (2023). TRIPS Agreement: Pharmaceutical Patent Standards.
