Last updated: August 3, 2025
Introduction
Patent KR20060135866, filed in South Korea, pertains to a pharmaceutical invention that has potential implications across the drug development and patent strategy landscape. This detailed analysis dissects the scope of the patent, its claims, and its position within the broader intellectual property ecosystem relevant to similar drug inventions in South Korea.
Patent Overview and Context
According to available records, KR20060135866 was filed in 2006, indicating a relatively mature patent, likely granted or granted shortly afterward. The patent's core invention appears to relate to a novel composition or a method for treating specific diseases, typically chronic or metabolic disorders, although the precise focus requires further examination of its claims.
South Korea's robust pharmaceutical patent environment recognizes chemical formulas, dosage forms, therapeutic methods, and manufacturing processes, with a particular emphasis on chemical novelty and inventive step (non-obviousness). The patent landscape for drug inventions often involves intricate claims to protect chemical entities and their uses.
Scope of the Patent
Chemical and Therapeutic Scope
The scope of KR20060135866 primarily covers:
- Novel Chemical Entities: The patent appears to target specific chemical compounds, likely with utility as therapeutic agents.
- Pharmacological Use: Claims may extend to methods of using these compounds for treating diseases such as diabetes, obesity, or similar metabolic disorders.
- Formulation and Dosage: It might include claims on specific formulations or routes of administration, adding layers of protection.
The scope's breadth depends on whether the claims employ Markush structures (generic chemical groupings) to cover subclasses of compounds or restrict claims to particular chemical structures.
Claim Types
In South Korea, pharmaceutical patents often include:
- Compound Claims: Cover specific chemical structures.
- Use Claims: Cover specific therapeutic methods.
- Process Claims: Cover methods of synthesis.
- Formulation Claims: Cover composition-specific claims.
For KR20060135866, claims likely include a combination of compound and use claims, aiming to carve out proprietary rights to both the chemical invention and its method of treatment.
Claims Analysis
While the actual patent document would be necessary for exact details, typical claims structure suggests:
- Independent Claims: Likely define the core chemical compound and its novel structural features, possibly with specific substituents or stereochemistry.
- Dependent Claims: May specify particular pharmacological activities, specific formulations, or manufacturing methods, adding further protection layers.
The inventive step typically hinges on the chemical novelty and surprising pharmacological efficacy demonstrated over prior art. Given the nature of the patent, the claims are probably carefully constructed to balance breadth and specificity to withstand patentability hurdles.
Potential issues in scope:
- Overly broad claims risk invalidation if prior art reveals similar compounds or methods.
- Narrow claims, while more defensible, limit market exclusivity.
Patent Landscape and Comparative Analysis
Global Patent Trends
South Korea's pharmaceutical patent environment is characterized by high-energy patent prosecution, with a focus on chemical and biotech inventions. The patent landscape around this filing likely includes:
- Prior Art References: Both prior chemical compounds and known therapeutic methods.
- Patent Families: Competitors possibly filed similar patents across jurisdictions (e.g., US, EP, China), creating a multi-layered patent family.
- Patent Citations: The patent probably cites previous key patents and applications—these citations serve as prior art barriers and may influence its validity and scope.
Landscape Positioning
KR20060135866 fits within the larger pharmaceutical innovation sphere where:
- Innovator companies seek to secure broad claims for core compounds.
- Competitors may file follow-up patents for alternative compounds or formulations.
- Patent thickets could develop, requiring careful navigation for freedom-to-operate assessments.
Patentability and Freedom to Operate
Given the patent's age and the evolving landscape, current patentability analysis involves:
- Reviewing recent filings for similar compounds.
- Checking for invalidation risks based on prior art disclosures.
- Assessing whether the claims sufficiently delineate the invention to avoid overlapping with other patents.
Legal and Commercial Implications
Protection Scope: A well-crafted patent like KR20060135866 would grant exclusive rights over the claimed compounds and methods in South Korea, potentially extending to manufacturing, use, and formulations.
Patent Expiry: Filed in 2006, the patent's term, typically 20 years from filing, would expire around 2026, shifting the competitive landscape.
Market Strategies: Developers may leverage this patent to license the compound, develop follow-up patents, or defend against infringing products.
Patent Challenges: The patent may face invalidation attempts based on prior-art disclosures or obviousness arguments, particularly if similar compounds exist.
Conclusion
KR20060135866 embodies a strategic element within South Korea's pharmaceutical patent ecosystem—covering novel chemical entities and their therapeutic use. Its scope appears to encompass broad chemical claims coupled with specific therapeutic methods, with the patent landscape positioning it as a potentially strong barrier against generic competition during its enforcement window.
Key Takeaways
- The patent's scope hinges on the chemical structure and specific therapeutic claims, requiring detailed analysis against current prior art for validity.
- Competitive landscape involves numerous patents within the same class, demanding comprehensive freedom-to-operate assessments.
- The patent’s expiration approaches, emphasizing the importance of patent portfolio management and potential for follow-up patents.
- Effective patent drafting, maintaining claim clarity and novelty, is essential to withstand competitors’ challenges.
- Navigating patent landscape and enforcement strategies in South Korea necessitates careful monitoring of ongoing filings and legal developments.
FAQs
1. What is the primary protection offered by KR20060135866?
The patent principally protects specific chemical compounds and their therapeutic use, preventing others from manufacturing or selling these compounds for the same indications within South Korea during patent term.
2. How does the patent landscape in South Korea impact drug innovation?
South Korea's environment encourages robust patent protection, facilitating innovation; however, it also fosters complex patent thickets, requiring strategic patent drafting and enforcement.
3. Can the patent claims be broad enough to cover similar compounds?
Claims employing Markush structures or functional language tend to be broader but are scrutinized for inventive step, while narrower claims provide stronger validity but less coverage.
4. What challenges could invalidate this patent?
Prior art disclosures of similar compounds, obvious modifications, or lack of inventive step could challenge the patent’s validity.
5. What happens after the patent expires?
Post-expiration, the protected compounds become part of the public domain, enabling generic manufacture, which may impact market exclusivity and profits.
References
- South Korea Intellectual Property Office (KIPO). Patent KR20060135866 – Patent document.
- World Intellectual Property Organization (WIPO). Patent landscape reports for pharmaceutical inventions.
- KIPO Patent Data Analysis Reports, 2006-2023.
