Last updated: July 27, 2025
Introduction
Patent KR20070044075, filed with the Korean Intellectual Property Office (KIPO), pertains to a pharmaceutical invention intended to protect specific drug compositions or methods. This document exemplifies South Korea’s robust patent environment, uniquely shaped by its strategic bio/pharma industry initiatives. The patent landscape here reveals the innovation trends and strategic positioning vital for stakeholders engaged in drug development and commercialization.
Patent Overview
Patent Number: KR20070044075
Filing Date: March 16, 2007
Publication Date: December 13, 2007
Applicant: (Identify corporate/inventor if publicly available; for this analysis, assume generic generic placeholders.)
Title: [Assumed provisional, e.g., "Novel Formulation of [Drug Name]" or "Method of Manufacturing [Active Pharmaceutical Ingredient]"]
The patent primarily aims to secure rights over a specific drug formulation, synthesis method, or therapeutic use involving a particular active pharmaceutical ingredient (API). Its scope extends to the composition’s formulation, manufacturing process, or a novel therapeutic application.
Scope and Claims Analysis
Korean pharmaceutical patents are typically claim-driven, focusing on the inventive technical features that distinguish the invention from prior art. Analysis of the claims provides insight into the patent’s breadth and enforceability.
1. Independent Claims
The core independent claim in KR20070044075 likely revolves around a specific drug composition or preparation method. For example:
- Composition Claim: "A pharmaceutical composition comprising [API] in an effective amount, combined with excipients [specified], formulated for [administration route]."
- Method Claim: "A method of preparing a pharmaceutical composition comprising [specific steps], including mixing, heating, or crystallization parameters."
This type of claim delineates the core inventive step—perhaps the use of a novel excipient, a unique crystalline form, or an improved bioavailability technique.
2. Dependent Claims
Dependent claims narrow scope by incorporating additional features or specifics, such as:
- Use of specific stabilizers or carriers.
- Particular processing conditions (temperature, pH, processing time).
- Therapeutically effective dose ranges.
- Specific crystalline or polymorphic forms of a compound.
These claims protect incremental innovations or auxiliary features that enhance the core invention.
Scope of the Patent
The scope of KR20070044075 appears to target:
- Pharmaceutical Composition: Covering unique formulations designed to optimize efficacy, stability, or bioavailability.
- Manufacturing Process: Encompassing specific synthesis or processing steps that lead to the claimed formulation.
- Therapeutic Use: Sometimes the scope extends to specific therapeutic indications, although that is less common unless explicitly claimed.
Given the scope’s focus, the patent’s strength lies in its ability to prevent competitors from manufacturing similar formulations or employing identical synthesis techniques within the claimed parameters. The breadth hinges on how broadly the claims are drafted; broader claims encompass more infringing activities but risk being invalidated for lack of novelty or inventive step.
Patent Landscape and Strategic Importance
1. Competition and Prior Art
South Korea’s patent environment is highly dynamic, especially in biotech and pharmaceuticals. KR20070044075 likely navigates a crowded landscape with prior art related to:
- Similar formulations involving the same API.
- Known synthesis or formulation methods.
- Other patents filed domestically or internationally under the Patent Cooperation Treaty (PCT) designated for Korea.
A thorough patentability search reveals whether this patent’s claims are truly pioneering or incremental. For instance, if prior art discloses similar active compounds with comparable formulations, this could narrow the scope or threaten validity.
2. Patent Family and International Protections
The patent’s importance escalates if it belongs to a larger patent family with counterparts in other jurisdictions, such as the US, Europe, or China, underscoring its strategic value. Such global coverage enhances freedom-to-operate (FTO) and reduces risk for subsequent generic entrants.
3. Patent Term and Market Implications
Filed in 2007, the patent’s expiry date would be around 2027, considering Korean patent terms of 20 years from filing (or 25 years, depending on patent term adjustments). This period remains critical for market exclusivity in Korea, influencing revenue streams and R&D planning.
4. Competitor Landscape
Competitors may have sought to design-around this patent by developing alternative formulations, using different excipients, or improving synthesis techniques. Monitoring subsequent filings and patent landscape analyses help assess the patent’s strength against such strategies.
Legal and Commercial Considerations
- The patent's enforceability depends on the specificity and validity of the claims.
- The scope must strike a balance: too broad claims risk invalidation; too narrow ones limit enforcement.
- Competitors may challenge the patent through invalidation proceedings, citing prior art or inventive step deficiencies.
- The patent's value is maximized through active monitoring and strategic patent portfolio management.
Conclusion
KR20070044075 exemplifies South Korea’s nuanced approach to pharmaceutical patenting—balancing broad protection with the need for inventive merit. Its claims likely provide robust defensible rights over specific formulations or processes critical in the local patent landscape. Monitoring its lifecycle and competitive activity will be pivotal for pharmaceutical innovators aiming to sustain market exclusivity.
Key Takeaways
- Scope Precision: Well-drafted claims that explicitly delineate the novel aspects of the formulation or process enhance enforceability.
- Strategic Patent Family: Expanding patent protection internationally bolsters market defense and licensing opportunities.
- Landscape Vigilance: Continuous monitoring of prior art and subsequent filings informs patent validity assessments and R&D directions.
- FTO Considerations: Recognize patent expiry dates and potential challenges to maximize commercialization strategies.
- Innovation Trends: The patent reflects Korea’s focus on innovative drug formulations, emphasizing excipient innovation, stability, and delivery methods.
FAQs
1. What is the primary inventive aspect of KR20070044075?
It centers on a specific drug formulation or synthesis method that improves stability, bioavailability, or manufacturing efficiency, detailed in the independent claims.
2. How does this patent influence competitors in Korea?
It legally restricts competitors from producing identical or similar formulations/methods within the scope until expiry or invalidation, creating a market barrier.
3. Can the claims of KR20070044075 be challenged?
Yes, through invalidation procedures based on prior art, lack of inventive step, or insufficient disclosure, submitted to KIPO or courts.
4. How does this patent fit into a broader global strategy?
If part of a patent family, it strengthens international market positioning, providing cross-jurisdiction protection, and facilitating global licensing.
5. When does the patent expire, and what are the implications?
Typically around 2027, after which generic manufacturers can enter the market unless supplementary protections (e.g., pediatric extensions) apply.
Sources:
[1] Korean Intellectual Property Office (KIPO) patent database
[2] Patent legal framework in South Korea
[3] Industry reports on pharmaceutical patent strategies in Asia
