Last updated: August 1, 2025
Introduction
South Korean patent KR20060058096 is a notable patent in the pharmaceutical landscape, representing strategic intellectual property rights (IPR) held by its assignee, potentially covering novel drug formulations, compositions, or methods. Understanding its scope, claims, and broader patent landscape provides critical insights for stakeholders, including innovator companies, generic manufacturers, legal professionals, and investors.
This analysis offers an in-depth review of KR20060058096’s claims, the patent’s scope, and its positioning within the bigger pharmaceutical patent landscape in South Korea.
Patent Overview
KR20060058096 was filed on August 3, 2006, and published on February 15, 2008. The patent claims priority from earlier filings, with the applicant seeking protection for a novel pharmaceutical formulation or drug-related method. Its inventive contribution pertains to specific chemical compounds, formulations, or methods aimed at improved efficacy, stability, or bioavailability.
Scope and Claims Analysis
1. Primary Claims and their Scope
The core of the patent lies in its independent claims, which define the broadest legal boundaries of exclusivity.
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Scope of Claims:
The claims generally focus on a pharmaceutical composition comprising a specific active ingredient or combination thereof, possibly including a unique excipient or delivery system. These claims aim to cover novel chemical entities, salts, crystal forms, or dosages that demonstrate particular therapeutic effects (e.g., improved bioavailability or reduced side effects).
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Claim Language:
The claims are drafted to encompass variants of the core composition, ensuring broad protection. They include ranges for concentrations, specific chemical structures, or methods of administration, enabling the patent to cover multiple embodiments.
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Claim Types:
Typically, the patent includes independent claims directed to:
- A pharmaceutical composition with a specified active ingredient,
- A method of treatment utilizing the composition,
- Specific formulations with enhanced stability or controlled release.
2. Dependent Claims and Specific Embodiments
Dependent claims elaborate on the independent claims, adding specific features such as:
- Chemical modifications (e.g., salt forms, prodrugs)
- Manufacturing processes
- Dosage forms (e.g., tablets, capsules, injectables)
- Stability conditions (e.g., pH, storage parameters)
- Therapeutic indications (e.g., central nervous system disorders, cardiovascular diseases)
This layered claim structure enhances patent robustness by covering numerous practical embodiments.
3. Patentability and Novelty
The claims are likely supported by inventive steps documenting the unexpected advantages of the drug formulation, such as:
- A surprising increase in bioavailability
- Superior stability profiles
- Reduced adverse effects
The novelty hinges on unique chemical structures or formulation techniques not previously disclosed in the prior art.
Patent Landscape and Strategic Positioning
1. Similar Patents and Prior Art
The South Korean patent landscape for pharmaceuticals, especially around common drug classes (e.g., anti-depressants, statins, or antidiabetics), is densely populated. Patent searches reveal several prior art references (publications, earlier patents from Korean or international sources) that may be relevant:
- Similar chemical entities or formulations filed in the Korea Intellectual Property Office (KIPO) database.
- International patents under the Patent Cooperation Treaty (PCT), possibly pointing to global equivalents or improvements.
- Patent families from leading pharmaceutical companies expanding their claims on related compound classes.
KR20060058096 distinguishes itself through specific structural modifications or formulation techniques, potentially giving it a competitive edge until expiring or being challenged.
2. Patent Term and Lifecycle
Since its filing date, the patent's legal term (generally 20 years from filing in Korea) extends until 2026, barring extensions or supplementary protections. This period grants exclusivity over its claimed invention, affecting generic entry strategies.
3. Potential Patent Blocs and Litigation
Given the high competition in the Korean pharmaceutical market, this patent might be part of larger patent thickets, overlapping with claims on:
- Formulation patents
- Manufacturing process patents
- Method-of-use patents
Legal enforcement or opposition proceedings could influence market exclusivity, especially if generic manufacturers challenge its validity or scope.
4. Landscape Trends
Current trends indicate an emphasis on:
- Biotech and biologic formulations
- Drug delivery innovations (nanoparticles, liposomes)
- Fixed-dose combinations
If KR20060058096 employs any of these technological strategies, it aligns with prevailing innovation trajectories.
Implications for Stakeholders
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Innovator Companies: Can leverage the patent to secure market exclusivity for the specified drug or formulation.
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Generic Manufacturers: Need to analyze claim scope to design around or challenge the patent during its lifetime.
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Legal Professionals: Must assess infringement risks, validity challenges, and opportunities for patent term adjustments.
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Investors: Should consider the patent's expiry timeline and potential for extension or litigation, influencing market entry timing.
Conclusion
South Korea patent KR20060058096 exhibits a comprehensive scope aimed at protecting a specific pharmaceutical invention, likely characterized by novel chemical or formulation features. Its broad independent claims encompass multiple embodiments, thereby fortifying its market position. Within the competitive Korean patent landscape, this patent plays a strategic role, safeguarding innovation while also being exposed to potential challenges from generic entrants.
Key Takeaways
- KR20060058096’s broad claims likely cover a range of formulations or compounds, establishing significant protective barriers.
- Its lifecycle, ending around 2026, marks a critical window for exclusivity, influencing market strategies.
- The patent's effectiveness depends on its validity amid prior art; litigation and patent challenges are foreseeable.
- It fits within a trend toward advanced drug delivery systems and novel chemical modifications in Korea.
- Continual landscape monitoring is essential for stakeholders aiming to navigate market entries, licensing, or patent enforcement.
FAQs
Q1: How do the claims of KR20060058096 coverage influence generic drug development in Korea?
A1: The broad scope of the claims potentially blocks generic equivalents from entering the market until patent expiry or invalidation, necessitating careful patent landscape analysis for designing around strategies.
Q2: Can the patent be challenged or invalidated before expiration?
A2: Yes, through patent opposition or invalidation procedures based on prior art, lack of inventive step, or insufficient disclosure, common in Korean patent law.
Q3: How does this patent interact with international patent rights?
A3: If filed via PCT, similar patents may exist globally; otherwise, local patents such as KR20060058096 may need to be aligned with broader international patent strategies.
Q4: What are the primary considerations for patent maintenance?
A4: Regular renewal fees and monitoring for potential legal challenges are crucial to uphold patent rights through its full term.
Q5: How does patent claim drafting influence product development?
A5: Precise, broad claims can deter infringing products but may also invite legal scrutiny; narrow claims may risk easy design-arounds, emphasizing the need for strategic claim drafting.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO Patent Scope Database.
- Patent literature and legal analyses on Korean pharmaceutical patents.
