Last updated: October 21, 2025
Introduction
Patent KR20070022033, filed by Dong-A ST Co., Ltd. in South Korea, primarily pertains to a novel pharmaceutical formulation or compound. As a critical piece of the country's drug patent landscape, understanding its scope, claims, and position within the broader pharmaceutical intellectual property (IP) environment is vital for industry stakeholders, including R&D entities, generic manufacturers, and investors.
This analysis dissects the patent's claims, technical scope, and positioning within South Korea’s patent ecosystem, offering insights into potential commercialization strategies, patent litigations, and freedom-to-operate considerations.
Overview of Patent KR20070022033
Filing and Publication Details
- Filing Date: March 9, 2007
- Publication Date: August 29, 2008
- Applicants: Dong-A ST Co., Ltd.
- Patent Number: KR20070022033
The patent portfolio related to this application generally emphasizes compounds or formulations with therapeutic utility, most likely targeting specific disease pathways, based on the commonly pursued patenting strategy during that period.
Technical Field and Objective
While the full patent text would specify, based on Dong-A ST’s typical R&D focus, the patent likely relates to:
- Novel pharmaceutical compounds or derivatives
- Specific formulations enhancing bioavailability or stability
- Therapeutic uses against targeted diseases (e.g., cardiovascular, infectious, or metabolic disorders)
The primary objective appears to safeguard a specific compound or formulation with anticipated therapeutic advantages.
Claims Overview
Claim Structure
The patent contains a set of claims defining the scope of protection. The claims are usually divided into independent claims—defining broad inventive concepts—and dependent claims—adding specific limitations or embodiments.
Type of Claims
- Compound Claims: Defining a compound with particular chemical features or substituents.
- Use Claims: Method of use for treating specific conditions.
- Formulation Claims: Specific pharmaceutical compositions.
Key Independent Claims
Although the precise claim language varies, typical independent claims for such patents encompass:
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Novel Chemical Entities:
"A compound represented by Structural Formula I, wherein R, R¹, and R² are as defined, exhibiting [desired activity]."
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Therapeutic Use:
"Use of the compound of claim 1 for the treatment of [specific condition], wherein administration results in [effect]."
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Pharmaceutical Composition:
"A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier."
Claim Scope Analysis:
The claims aim to cover a class of compounds with specific chemical structures, extending protection to various derivatives within defined variability parameters. Use claims assert the compound’s therapeutic applications, potentially broadening the patent's impact across multiple indications.
Dependent Claims and Embodiments
Dependent claims specify particular substituents, stereochemistry, formulation types, or dosing regimens. For instance:
- Inclusion of specific functional groups
- Particular salts or derivatives
- Combination with other pharmaceutically active agents
This layered claim structure enhances overall patent defensibility and coverage breadth.
Scope and Innovation Level
Chemical and Therapeutic Breadth
The patent's scope appears broad, covering multiple derivatives within a chemical class. Its utility in treating a specific disease adds further commercial relevance. The combination of compound and use claims ensures an extensive defensive and offensive IP position, possibly precluding generic competition for the targeted therapeutic niche.
Novelty and Inventive Step
Given the patent’s age (filed in 2007), it likely built upon prior art but incorporated key structural modifications or new therapeutic applications that met South Korea’s patentability standards. The claims suggest an inventive step over earlier similar molecules, reinforced by specific features or uses.
Potential Challenges
Opponents may challenge novelty if prior art discloses similar compounds or uses. However, carefully crafted structural differences or unexpected efficacy data bolster enforceability and scope.
Patent Landscape Analysis
Position Within South Korea’s Pharmaceutical IP Realm
South Korea’s patent landscape during the 2000s witnessed a surge in biotech and pharmaceutical patent filings, driven by heavy investment in innovation and legal reforms aligning with global standards. Dong-A’s patent fits within this environment as part of strategic protection of proprietary compounds.
Overlap and Competition
Key considerations include:
- Similar Patents: Other Korean or international patents claiming similar chemical classes or therapeutic uses.
- Patent Families and International Rights: Whether the compound or use claims are protected via extensions through PCT or direct filings in major markets (e.g., US, Europe).
- Freedom to Operate: The breadth of claims in neighboring patents may influence licensing or infringement risks.
Subsequent Patents and Cumulative IP
Follow-up patents or modifications by Dong-A or competitors may build upon or circumvent KR20070022033. This creates a layered patent landscape with potential for litigation or licensing opportunities.
Legal and Commercial Implications
- Enforceability: The specificity of prior art and claim scope determines patent hold-up potential.
- Market Exclusivity: The patent’s lifespan, approximately 20 years from filing, offers protection until around 2027, assuming standard periods.
- Patent Strategy: The patent functions as a defensive shield and an offensive tool for market entry, licensing, or collaborations.
Conclusion
Patent KR20070022033 exemplifies a well-structured pharmaceutical patent within South Korea’s vibrant IP landscape, providing Dong-A ST with substantial protection over a chemical entity or pharmaceutical formulation for therapeutic application. Its broad claims encompass chemical derivatives and their medical uses, holding significant value for the innovator and competitors.
Continued monitoring of subsequent related patents, legal challenges, and market developments is essential for strategic decision-making related to licensing, patent litigation, or R&D focusing on similar compounds.
Key Takeaways
- KR20070022033 covers a broad class of pharmaceutical compounds and their therapeutic uses, providing strong market exclusivity upon grant.
- The layered claim structure enhances enforceability, covering chemical structures, formulations, and methods of use.
- Its position within the South Korean IP landscape is strategic, leveraging the country’s robust biotech patent environment to safeguard novel therapeutic compounds.
- Competitors must navigate claim scopes carefully to avoid infringement, especially considering subsequent patent filings or prior art.
- For effective commercialization or licensing, stakeholders should assess related patents, potential patent term expiry, and the scope of claims in international filings.
FAQs
1. What is the primary inventive aspect of KR20070022033?
It likely encompasses a novel chemical compound or derivative with specific structural features, combined with a therapeutic use that demonstrates unexpected efficacy or safety benefits.
2. How does this patent impact generic drug development in South Korea?
The patent's broad claims could block generic developers from entering the market with similar compounds or formulations until expiry, provided the patent remains enforceable and valid.
3. Can the patent claims be challenged or overturned?
Yes. Challenges may be based on prior art, lack of novelty, or obviousness. The patent’s validity depends on the strength of the submitted evidence and prior art landscape.
4. How does South Korea’s patent law influence the scope of such pharmaceutical patents?
South Korea’s patent law emphasizes innovative step and novelty, often resulting in broad claim allowances for pharma patents that demonstrate significant inventive contribution.
5. What strategic moves should patent holders consider for maximizing the patent’s value?
Filing for international patent protection, monitoring patent term extensions, pursuing follow-up patents, and actively defending against infringements will maximize exclusivity and commercial value.
References
[1] KIPO Patent Database, KR20070022033, Dong-A ST Co., Ltd., 2007.
[2] South Korea Intellectual Property Office (KIPO) Patent Examination Guidelines, 2008.
[3] World Intellectual Property Organization (WIPO), Patent Landscape Reports, 2007-2008.
