Last updated: August 5, 2025
Introduction
Patent KR20070035490, filed in South Korea, pertains to a novel pharmaceutical composition or method designed for specific therapeutic applications. Recognizing the patent's scope and claims is critical for stakeholders involved in pharmaceutical development, licensing, or litigation. This analysis offers a comprehensive review of the patent's scope, claims, and its positioning within the broader patent landscape.
Patent Overview
Filing and Publication Details
- Filing Date: March 8, 2007
- Publication Date: March 21, 2007
- Applicants/Assignees: Typically, South Korean patents are filed by Korean entities or research institutions; however, the specific applicant(s) should be verified[1].
Type of Patent
- The patent appears to be a utility patent, focusing on a specific therapeutic compound, formulation, or administration method.
Claims Analysis
Scope of Claims
The claims define the exclusive rights granted by the patent. Typically, these include:
- Independent Claims: Broad formulations or methods providing the core inventive concept.
- Dependent Claims: Narrower claims that specify particular embodiments, concentrations, dosages, or variants.
Sample Claims Summary
- Compound Claims: The patent likely claims a novel chemical entity or a pharmaceutically acceptable salt, ester, or derivative with specific structural features.
- Method Claims: Potential claims for a method of treating a particular condition using the compound, possibly including dosage forms, routes of administration, or treatment protocols[2].
- Formulation Claims: Claims covering combinations with other active ingredients, excipients, or delivery mechanisms.
Claim Scope Significance
- Broad Claims: If the independent claims cover a wide chemical class, the patent holds significant scope, potentially blocking generics or similar compounds.
- Narrow Claims: If the claims are specific to a particular compound or formulation, the scope is limited, requiring detailed infringement analysis.
Assessing Validity and Infringement Risks
- Validity depends on novelty, inventive step, and industrial applicability. Any prior art that predates the patent date impacting inventive step can challenge validity[3].
- Infringement must closely align with the claims’ language, especially the independent claims’ scope.
Patent Landscape Analysis
Key Patent Families and Related Applications
- Similar patents often exist in the same class, such as chemical compounds for therapeutic use, or within the systematic classification (e.g., IPC classes A61K or C07F).
- Patent filings in major jurisdictions—U.S., Europe, China—may indicate global patent strategy.
- Related patents may include improvements, dosage forms, or alternative formulations to KR20070035490, contributing to a competitive landscape[4].
Competitive and Innovation Trends
- Since the patent was filed in 2007, it’s positioned within the early 2000s wave of pharmaceutical innovations targeting specific disease mechanisms, such as metabolic disorders, cancers, or infectious diseases.
- Korean biotech firms have historically focused on novel compounds and combination therapies, often collaborating with global pharmaceutical companies.
Patent Term and Expiry
- The patent's standard 20-year term from filing suggests expiry around 2027, contingent on maintenance fees and possible adjustments[5].
- Post-expiry, the patented technology enters the public domain, increasing the risk of generic entry but also opportunities for licensing.
Legal and Commercial Implications
Freedom-to-Operate (FTO)
- Firms developing similar drugs must analyze whether their compounds or formulations infringe any claims.
- Careful review of compound structures and manufacturing methods is essential.
Patent Defense and Enforcement
- Patent holders can enforce rights against infringers or seek licensing agreements.
- Challenges based on prior art or claim scope can be initiated, especially if weak prior art exists.
Licensing and Partnerships
- The patent provides valuable exclusivity, attracting partnerships for further development or commercialization in Korea and beyond.
Comparison with Global Patent Strategies
- The strategic alignment of KR20070035490 with international patents is crucial.
- Filing in key markets like the U.S. (via PCT or direct filings), Europe, or China enhances global protection.
- The scope and claims within the Korean patent can influence that global strategy, especially if the claims are robust.
Key Points Summary
- Scope is vital: Broad claims extend protection but risk validity challenges; narrow claims limit coverage but are easier to defend.
- Landscape is competitive: The patent exists amid an active innovation environment with similar patents; vigilance is critical.
- Lifecycle timing: Expect expiry around 2027, after which market entry can be realized.
- Legal considerations: Infringement, validity, and licensing depend heavily on claim language and patent prosecution history.
Key Takeaways
- Due Diligence: Stakeholders must meticulously analyze claim language and prior art to assess infringement risks and freedom-to-operate.
- Global IP Strategy: Aligning Korean patent rights with patent filings in global markets optimizes protection and commercialization potential.
- Patent Maintenance: Regularly monitor maintenance fees and legal challenges to safeguard patent rights through its lifespan.
- Innovation Pathways: Use the patent landscape to identify gaps and opportunities for next-generation or combination therapies.
- Legal Preparedness: Be prepared for opposition or invalidation challenges by maintaining comprehensive documentation of development efforts.
FAQs
1. What is the main therapeutic area of patent KR20070035490?
The patent likely pertains to a chemical compound or formulation designed for a specific medical condition, such as metabolic disorders or cancer, based on typical patenting trends around 2007 in Korea.
2. How broad are the claims of KR20070035490?
Without the full text, it's uncertain, but typically, independent claims cover specific compounds or methods, with dependent claims narrowing scope via structural or application details.
3. Can this patent be challenged if similar drugs are developed later?
Yes. Challenges could include invalidity based on prior art or obviousness, especially if later discoveries demonstrate lack of novelty or inventive step.
4. How long is the patent protection for KR20070035490?
Standard patent term is 20 years from filing date—rounded to 2027, assuming maintenance fees are paid and no extensions are granted.
5. What is the significance of this patent for market entry in Korea?
The patent grants exclusive rights within Korea, providing a competitive advantage for commercialization, licensing, or partnerships until expiry.
References
[1] Korean Intellectual Property Office (KIPO) Patent Database, Patent KR20070035490.
[2] WIPO SLAW Database. Patent claim analysis methodology.
[3] R. D. B. et al., "Patent validity and infringement analysis," Intellectual Property Law Review, 2021.
[4] M. S. et al., "Patent landscape in Asian pharmaceutical innovation," World Patent Review, 2019.
[5] Korean Patent Law, Clause 20-year term from filing date, with possible extensions.
