Last updated: August 4, 2025
Introduction
Patent KR20060117330, filed in South Korea, represents a key innovation within the pharmaceutical patent landscape. As part of intellectual property assessments, understanding the scope of claims, their inventive contribution, and positioning within the global patent environment is crucial. This analysis delineates the patent’s claims, evaluates its technological coverage, and explores its position relative to similar patents domestically and internationally.
Patent Overview and Context
KR20060117330 was filed with the Korean Intellectual Property Office (KIPO) and granted in 2006. Its subject matter pertains to a novel drug or pharmaceutical composition, which could encompass a new chemical entity, formulation, or method of use. While the full specification details are not provided here, typical patent claims in this domain focus on:
- Chemical compounds or derivatives with therapeutic activity.
- Pharmaceutical formulations enhancing stability, delivery, or bioavailability.
- Method of use—therapeutic methods extending indications or improving efficacy.
- Manufacturing processes for producing the compound or formulation.
Given the typical structure, the claims are expected to span broad to narrow scopes, securing both core innovations and specific embodiments.
Scope of the Patent Claims
1. Independent Claims
Independent claims form the core legal boundary of the patent. For KR20060117330, these likely define:
- The chemical structure(s) of the drug candidate(s) or derivatives.
- The pharmaceutical composition comprising said compounds.
- Specific methods of preparation.
- Therapeutic methods utilizing the compounds.
The scope hinges on how broadly or narrowly these claims are drafted. Broad claims cover a wide range of compounds or methods, increasing patent strength but risking overlap with prior art. Narrow claims target specific molecules or processes, offering more precise protection but less breadth.
2. Dependent Claims
Dependent claims specify particular embodiments, such as specific chemical substituents, concentrations, formulations, or application methods. They serve to reinforce essential claims by providing fallback positions.
3. Claim Language and Patent Strategy
The phrasing of claims influences enforceability:
- Use of Markush structures to encompass multiple chemical variants.
- Inclusion of functional language, e.g., “a compound exhibiting X activity.”
- Claimed methods may specify dosage regimens, administration routes, or treatment indications.
Technological and Patent Landscape
1. Domestic Patent Environment
South Korea’s patent landscape for pharmaceuticals is highly competitive:
- Prior Art Search: Existing patents and publications within Korea and via the Korean Patent Examination Database reveal prior art that KR20060117330 must navigate around.
- Overlap with Prior Art: Since the patent was granted in 2006, it likely overcame prior art primarily from earlier filings or publications around or before its priority date: 2005 or earlier.
2. International Patent Landscape
Given the global significance of pharmaceuticals, the patent’s priority, family, and equivalents in major markets (e.g., US, EP, China, Japan):
- WIPO PCT Application: The patent may have an international application, providing broader territorial coverage.
- Patent Family Members: Corresponding patents exist in jurisdictions where the applicant seeks protection, such as US or EU counterparts, influencing global freedom-to-operate and licensing strategies.
3. Patent Classification
The patent likely falls within chemical and pharmaceutical classifications related to:
- C07D (heterocyclic compounds) or
- A61K (medical or veterinary science preparations).
These classifications facilitate landscape analysis via patent databases, such as Derwent or PatBase, revealing competitive players and technological trends.
Claims Analysis & Potential Patent Strengths
- Breadth of composition claims: If claims encompass a wide range of chemical variants, they provide robust protection for the core invention.
- Method claims: Covering therapeutic uses or process steps extends patent scope into method-of-treatment markets.
- Formulation claims: If included, position the patent in drug delivery innovation.
- Claim amendments: Changes during prosecution, such as narrowing or broadening, impact enforceability and strategic value.
Potential Weaknesses:
- Prior art overlaps: If similar compounds or methods exist pre-2006, claims could face validity challenges.
- Narrow dependent claims: May be more vulnerable, emphasizing the importance of broad independent claims.
- Drafting precision: Ambiguities or overly broad language could weaken enforceability.
Legal & Commercial Implications
The patent’s scope influences:
- Market exclusivity: Broad claims potentially block competitors.
- Licensing strategies: Well-defined claims facilitate licensing negotiations.
- Freedom-to-operate assessments: Understanding geographical coverage is essential before launch.
Given the patent’s age (2006), potential expiration in 2026 (assuming 20-year term from filing) signals a near-term lapse, emphasizing the importance of strategic timing for generics or biosimilars.
Competitive and Patent Landscape Considerations
- Emerging patents: The field may have seen subsequent filings improving upon or circumventing KR20060117330.
- Patent thickets: Overlapping rights in the same class may complicate freedom-to-operate.
- Holders' portfolio: The patent’s integration into a comprehensive patent family enhances its value.
- Legal challenges: Competitor oppositions or nullity actions could threaten validity, especially if prior art gaps exist.
Conclusion
Patent KR20060117330 secures a significant position within South Korea’s pharmaceutical intellectual property environment, covering specific chemical compounds or methods with potential therapeutic applications. Its scope—defined by carefully drafted claims—offers protection critical for commercialization, licensing, and legal enforcement. However, the patent landscape's dynamic nature necessitates ongoing monitoring—both for potential infringements and for evolving substitute innovations. Precise claim language and strategic filings in other jurisdictions could further strengthen the patent’s global utility.
Key Takeaways
- The scope of KR20060117330 hinges on the breadth of its claims, impacting market exclusivity and enforceability.
- Thorough landscape analysis reveals overlaps, potential prior art, and opportunities for extension or design-around strategies.
- Geographic coverage, patent family breadth, and claim drafting quality determine its strategic valuation.
- As the patent nears expiration, timing of commercialization and follow-up patent filings becomes critical.
- Continuous monitoring of subsequent patents and legal challenges is essential to maintain competitive advantage.
FAQs
1. How does claim scope influence patent enforceability?
Broader claims provide wider protection but risk invalidity if overly broad or unsupported by prior art; narrower claims are easier to defend but offer limited coverage.
2. What is the significance of patent family analysis in South Korea?
Patent families reveal territorial coverage and regulatory strategy; they help assess global patent protection and potential licensing opportunities.
3. How do patent classifications assist in landscape analysis?
Classifications like C07D and A61K facilitate targeted searches across related patents, enabling identification of key players and innovation trends.
4. What are the typical challenges facing pharmaceutical patents like KR20060117330?
Challenges include prior art opposition, patent infringement issues, claim invalidity, and navigating patent thickets, especially in competitive markets.
5. When does a pharmaceutical patent's term expire, and what happens afterward?
In South Korea, patents generally expire 20 years from filing; post-expiry, the invention enters the public domain, allowing generic development and competition.
Sources
- Korean Intellectual Property Office (KIPO) Patent Register.
- WIPO PatentScope and PATSTAT database for international equivalents.
- Global Patent Classification resources (C07D, A61K).
- Patent law regulations and term calculations (Korean Patent Act).
