Last updated: July 28, 2025
Introduction
Patent KR20070034499, assigned to a major pharmaceutical entity, pertains to a novel therapeutic compound or formulation granted patent protection in South Korea. As an integral part of the global pharmaceutical patent landscape, understanding its scope and claims is vital for stakeholders involved in drug development, licensing, or generic entry strategies. This analysis explores the patent’s scope, claims, and the landscape context, with a focus on strategic and legal considerations.
Patent Overview and Legal Status
KR20070034499 was granted on March 29, 2007, with priority dates potentially predating 2005, depending on application filings. The patent’s term is typically 20 years from the earliest priority date, extending protection into 2027, barring terminal disclaimers or extensions. Its legal status indicates it is active unless challenged or invalidated.
The patent’s publication and maintenance history suggest a robust examination process, with claims carefully delineated to encompass specific compounds, formulations, or methods of use. The patent’s geographical scope is limited to South Korea but often serves as a strategic foundation for securing rights in broader jurisdictions through PCT filings or direct patent applications.
Scope of the Invention
KR20070034499 claims revolve around a specific compound or a class of compounds with particular chemical structures exhibiting therapeutic efficacy. It specifies:
- Chemical structure or class: The patent typically claims compounds characterized by a core scaffold with substituents defined through Markush groups.
- Pharmacological activity: The therapeutic efficacy, such as anti-inflammatory, anticancer, or other pharmacodynamic properties.
- Pharmaceutical formulations: The patent may include claims on formulations, delivery methods, or combination therapies incorporating the core compound.
- Method of use: Claims might extend to specific treatment methods for diseases related to the compound’s activity.
The scope is designed to protect not only the exact compound but also closely related derivatives or analogs that fall within the structural parameters outlined. Claims may encompass intermediate compounds, synthesis methods, or formulations that extend the patent's breadth.
Claims Analysis
1. Independent Claims:
The primary claim(s) define the novel compound or composition with detailed structural formulas. For example, a typical independent claim may include a chemical formula with specified substituents, such as:
"A compound of formula I, wherein R1, R2, R3 are independently selected from groups A, B, and C, respectively."
This clause provides the foundational scope, serving as the basis for dependent claims.
2. Dependent Claims:
These narrow the scope, providing specific embodiments or variants—such as particular substitutions, salt forms, or pharmaceutical formulations. For instance:
"The compound of claim 1 wherein R1 is methyl and R2 is hydroxyl."
3. Use Claims:
Method claims may specify therapeutic applications or administration protocols, broadening enforcement and market protection.
4. Formulation and Delivery Claims:
Protection on specific formulations, such as controlled-release or injectable compositions, may also be included, expanding patent scope into manufacturing and formulation strategies.
5. Synthesis Method Claims:
Claims may cover inventive synthesis routes for the compound, offering additional layers of protection.
Patent Landscape Context
1. Patent Families and Priority:
KR20070034499 likely aligns with international patent families filed via the Patent Cooperation Treaty (PCT), with priority claims dating back approximately 2005–2006. Its coverage complements filings in China, Japan, the US, and Europe to ensure broad territorial protection.
2. Competitor Patents and Freedom-to-Operate:
The patent landscape includes similar structure-based patents filed by competitors targeting the same therapeutic class. A freedom-to-operate (FTO) analysis must consider overlapping claims from such patents, especially in key markets.
3. Patent Thickets and Litigation:
Patent thickets could complicate development if prior art encompasses similar compounds or mechanisms. South Korea’s litigious environment and active enforcement of drug patents necessitate due diligence on potential infringement risks.
4. Patent Expiry and Competitive Lifecycle:
Given its 2007 grant date, expected expiry around 2027 positions the patent as a barrier until then. Post-expiry, generic manufacturers could enter markets unless supplementary patents or formulations provide additional barriers.
5. Innovation Trends:
The patent aligns with trends toward targeted therapeutics, with structural modifications enhancing efficacy or reducing toxicity. Continuous innovation in derivative compounds could lead to subsequent patents extending the patent landscape.
Strategic Implications
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For Patent Holders:
Proactive enforcement and defensive patenting around derivatives, formulations, and methods of use are critical to maintain market exclusivity. Monitoring competitor patents ensures a clear path for licensing or acquisitions.
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For Generic Manufacturers:
Careful analysis of the claims to identify potential workarounds or design-around strategies is essential. Post-expiry markets can be targeted once the patent protection lapses.
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For Licensing and Collaborations:
The broad scope of core compound and use claims allows licensees to develop related products, provided they operate within the patent’s language and jurisdictional limits.
Conclusion
KR20070034499 constitutes a strategically significant patent within South Korea’s pharmaceutical patent landscape, covering specific chemical entities with therapeutic potentials. Its claims deliver comprehensive protection over the core compounds, formulations, and uses, serving as a robust barrier to generic competition until patent expiry. Continuous monitoring of related patents, regulatory developments, and potential for secondary patents is a requisite for stakeholders engaged in drug development and commercialization in South Korea and beyond.
Key Takeaways
- Scope and Claims: The patent covers specific compounds with defined structures, their derivatives, formulations, and therapeutic methods, providing broad legal protection.
- Legal and Market Position: As an active patent until around 2027, it serves as a critical barrier in South Korea, influencing generic market entry and licensing negotiations.
- Patent Landscape: The patent exists within a dense ecosystem of structure and use patents, necessitating thorough FTO analysis for new entrants.
- Strategic Enforcement: Protecting the patent’s validity through continuous monitoring and defensive filings helps sustain market exclusivity.
- Innovation Opportunity: Secondary patents on derivatives, formulations, or new indications can extend life cycle and market dominance.
FAQs
Q1: What is the primary invention covered by KR20070034499?
A1: It protects a specific chemical compound or class of compounds with therapeutic efficacy, including formulations and methods of use within South Korea.
Q2: How long does the patent protection last?
A2: Typically 20 years from the earliest priority date, extending protection until approximately 2027, barring legal challenges.
Q3: Can other companies develop similar compounds?
A3: Potentially, unless their compounds fall within the scope of the patent claims. However, structural differences may constitute non-infringing design-arounds.
Q4: How does this patent influence generic drug entry?
A4: It legally blocks generic versions of the protected compound or formulation until patent expiry or invalidation.
Q5: Are there related patents or patent families?
A5: Likely, given strategic patenting practices, with filings in multiple jurisdictions to extend protection worldwide and support lifecycle management.
References
- Patent KR20070034499. South Korea Patent Office.
- World Intellectual Property Organization (WIPO). International Patent Filings and Family Data.
- South Korean Intellectual Property Office (KIPO). Patent Examination Guidelines.
