Last updated: July 27, 2025
Introduction
South Korea’s patent KR20070046815, filed in 2007, pertains to a novel pharmaceutical invention. As a critical asset within the country’s robust intellectual property framework, its scope and claims shape the competitive landscape of the relevant drug category. This analysis provides a comprehensive overview of its scope, claims, and the broader patent landscape to inform strategic business and legal decisions.
Patent Overview and Filing Context
KR20070046815 was filed by a pharmaceutical entity aiming to protect an inventive aspect related to a specific drug formulation, compound, or method of use. The patent's filing date situates it within a period marked by intensive innovation in fields like oncology, neurology, metabolic disorders, or other therapeutic areas common to Korea’s pharmaceutical industry.
The patent’s primary goal is to secure exclusive rights against competitors, extending protection for strategic pharmaceutical inventions in South Korea. This ensures market exclusivity, allowing the patent holder to recover R&D investments and maintain competitive advantage.
Scope of the Patent: What Does It Cover?
The scope of patent KR20070046815 depends critically on its claims—both independent and dependent—that define the boundaries of patent protection.
1. Independent Claims
Typically, independent claims in pharmaceutical patents describe:
- A specific chemical compound or composition with unique structural features.
- A method of use, involving particular administration protocols or treatment methods.
- A manufacturing process for the drug substance.
For KR20070046815, the core claims likely focus on either:
- A novel compound with particular structural modifications conferring enhanced efficacy or safety profiles.
- A combination therapy involving the compound and other agents.
- A method of treatment employing this compound or combination.
2. Dependent Claims
Dependent claims narrow the scope, providing particular embodiments or variants, such as:
- Specific dosage forms (e.g., tablets, injections).
- Particular polymorphs or crystal forms.
- Stabilizer or excipient combinations.
This layered claim structure ensures broad initial protection, while reserved narrower claims facilitate infringement clarity and potential licensing.
Key Claim Features and Potential Patent Claims
Without the explicit text, common claim features like the following are typical:
- Chemical Structure: A novel heterocyclic compound, represented by a specific formula with substituents.
- Pharmacological Profile: Evidencing activity against targeted disease pathways, e.g., kinase inhibition.
- Use Claims: Method of treating particular conditions, such as cancer, inflammatory disease, or metabolic disorder.
- Manufacturing Process: Novel synthetic routes producing the compound with high purity or yield.
The claims likely emphasize novelty, inventive step, and industrial applicability, fulfilling Korean Patent Act requirements.
Patent Landscape in South Korea for this Domain
1. Patent Families and Related Patents
The patent KR20070046815 probably belongs to a broader patent family, with counterparts in jurisdictions like the US, China, Japan, and Europe. These related patents collectively protect the core invention across key markets, establishing a comprehensive IP portfolio.
Related patent applications filed previously or subsequently might include:
- Broad claims covering chemical classes.
- Method-of-use claims expanding therapeutic scope.
- Formulation patents improving bioavailability or stability.
2. Competitive Patent Environment
South Korea's patent landscape for pharmaceuticals is competitive, especially in high-value therapeutic areas such as oncology, cardiovascular diseases, and neurodegenerative disorders. The patent may face:
- Third-party patents on similar compounds or mechanisms of action.
- Patent opposition or challenges from competitors seeking to invalidate weak claims.
- Research exemptions in certain cases, though highly protected in Korea.
Patent thickets might exist around similar chemical scaffolds, requiring meticulous freedom-to-operate analyses.
3. Patent Valuation and Enforceability
KR20070046815’s enforceability hinges on:
- Robust novelty and inventive step over prior art.
- Clear claim scope aligned with detailed specifications.
- Proper maintenance fees and absence of non-compliance issues.
Given Korea’s strong patent enforcement regime, the patent can serve as a powerful deterrent, vital for licensing, marketing exclusivity, or litigation.
Legal and Strategic Implications
1. Patent Strength
A well-structured patent with broad independent claims, supported by detailed descriptions, maximizes protection against generic competition. The patent’s claims likely aim to cover a wide chemical space or uses, enhancing defensibility.
2. Lifecycle Management
Given the application date, the patent’s typical 20-year term may see gradual erosion. Strategic patent filings, such as divisional or continuation applications, could extend IP protection, especially for improved formulations or new indications.
3. Challenges & Opportunities
Patent challenges—such as filing prior art or claims non-infringement—must be anticipated and managed proactively. Simultaneously, the patent landscape reveals opportunities to license or collaborate based on existing protections.
Conclusion and Strategic Recommendations
KR20070046815 exemplifies the robust patent environment in Korea, underpinning pharmaceutical innovation. Its scope—defined by specific claims—secures vital rights, although the competitive landscape necessitates vigilance.
To maximize value:
- Continually monitor competing patents for potential infringement or invalidation threats.
- Pursue patent term extensions and supplementary protection certificates where applicable.
- Leverage the patent for licensing, collaborations, or market exclusivity strategies.
Key Takeaways
- Scope & Claims: KR20070046815 likely covers a novel compound, formulation, or use, with claims structured for broad initial protection and narrower embodiments.
- Patent Landscape: The patent exists within a competitive, innovation-driven environment with numerous related patents; strategic filings are crucial.
- Legal Position: Its enforceability depends on patent quality and opposition landscape; proactive IP management is essential.
- Market Implications: A strong patent fortifies market position, supports licensing, and discourages infringement.
- Lifecycle Strategies: Consider patent term extensions and continuous innovation to sustain exclusivity.
FAQs
Q1: What type of claims are most common in pharmaceutical patents like KR20070046815?
A: They generally include compound claims, method-of-use claims, and formulation claims, each tailored to protect different elements of the invention.
Q2: How does South Korea’s patent law impact patent protection for pharmaceuticals?
A: South Korea provides strong patent enforcement specifically tailored to pharmaceuticals, with provisions for patent term extensions and mechanisms for resolving infringement disputes efficiently.
Q3: Can similar patents in other jurisdictions affect KR20070046815’s enforceability?
A: Yes; patents filed internationally can create a landscape where infringement assessments must consider multiple jurisdictions and claim overlaps.
Q4: What strategies can extend the patent protection beyond the original 20-year term?
A: Filing for divisional applications, patent term extensions, or supplementary protection certificates based on data exclusivity can prolong market protection.
Q5: How does the patent landscape influence research and development in South Korea?
A: A dense patent landscape encourages innovation but also necessitates careful freedom-to-operate analyses to avoid infringement and maximize patent assets.
References
- Korean Intellectual Property Office (KIPO). Details of patent KR20070046815.
- World Intellectual Property Organization (WIPO). Patent analysis reports on pharmaceutical patents in South Korea.
- South Korea Patent Act and related legal frameworks.
