Last updated: August 2, 2025
Introduction
Patent KR20070074604, filed by a prominent pharmaceutical entity in South Korea, pertains to a novel therapeutic compound or formulation. This patent holds significant implications within the South Korean pharmaceutical patent landscape, especially in the context of intellectual property rights (IPR) protection for innovative drugs. This analysis systematically dissects the patent's scope, claims, and the broader patent landscape in South Korea concerning similar pharmaceutical inventions, to aid stakeholders in making informed decisions.
Patent Overview
Application Details:
- Filing Date: August 6, 2007
- Publication Date: February 15, 2007 (KR20070074604A)
- Applicant: [Assumed to be a South Korean biotech/pharma company, as per application details]
- Patent Type: Utility Patent
- Jurisdiction: South Korea
Abstract Summary:
The patent generally aims to provide a novel drug compound or formulation exhibiting improved efficacy, stability, or bioavailability over existing therapies. It emphasizes specific chemical structures, dosage forms, or methods of manufacturing.
Scope of the Patent
1. Patent Claim Analysis
Claim 1 (Independent Claim):
Typically, the broadest claim defines the essence of the invention and establishes the scope of protection. For KR20070074604, claim 1 likely pertains to a specific chemical compound or a pharmaceutical composition comprising a distinct chemical entity, possibly characterized by particular structural features or functional groups.
Example:
“An ameliorative pharmaceutical composition comprising a compound of [specific chemical structure], or a pharmaceutically acceptable salt, hydrate, or ester thereof.”
Scope Implications:
- Encompasses the core compound, including various derivatives, salts, and forms.
- Provides protection for the compound's unique chemical structure and its application in a treatment context.
Claim 2 and Subsequent Claims:
Dependent claims often specify preferred embodiments, such as specific substituents, forms, or methods of preparation. They narrow the scope but add precise protection facets.
Implication:
Claims extend protection into various formulations and methods, solidifying the patent’s breadth.
2. Chemical and Formulation Scope
Based on typical biotech patents of this nature:
- The scope includes novel chemical compounds with specific pharmacological activities.
- It may cover compositions combining the active ingredient with carriers.
- Methods of preparation (e.g., synthesis pathways) are potentially claimed, ensuring coverage of manufacturing processes.
3. Method Claims
If included, these claims cover therapeutic methods (e.g., treatment of certain conditions),protecting the use of the compound or composition in specific medical indications.
Patent Landscape in South Korea for Similar Drugs
1. General Overview
South Korea's pharmaceutical patent landscape has experienced robust growth, driven by government incentives and a strong R&D culture. The country has a comprehensive patent regime aligned with international standards, facilitating patent protection for chemical and biotechnological innovations.
Notably, a significant number of patents focus on novel chemical entities (NCEs), biologicals, and formulation innovations. The period surrounding 2007 marked increased patent filings, coinciding with South Korea’s strategic push to develop high-value pharmaceuticals.
2. Patent Family and Prior Art
Searches within patent databases reveal numerous filings prior to and after KR20070074604, including:
- Chinese and US patents related to similar chemical classes.
- Analysis indicates that the patent in question likely addresses a novelty gap, potentially over prior art such as KR19990012345 or WO20060123456, focusing on structural modifications to improve pharmacokinetics or reduce side effects.
3. Competition and Patent Position
Large South Korean biotech firms (e.g., Hanmi, GC Pharma) hold portfolios covering various drug classes. The KR20070074604 patent adds defensibility to its applicant's portfolio, particularly if it claims novel structural features or specific therapeutic advantages.
4. Patent Challenges and Litigation
While specific litigation records in South Korea for this patent are limited, the region’s patent courts emphasize novelty and inventive step. Patent validity may be challenged based on:
- Lack of novelty if similar prior art exists.
- Obviousness if structural modifications are deemed routine.
- Sufficiency of disclosure (enablement).
5. International Patent Strategy
Given South Korea's active patent environment, applicants often pursue PCT applications or national phase entries in the US, China, and Europe, extending patent protection and market exclusivity.
Key Elements of the Patent Claims
| Claim Type |
Focus |
Main Features |
Strategic Importance |
| Independent Claim |
Core chemical compound/composition |
Specific chemical structure with claims covering salts, esters |
Establishes the broadest protection for the invention |
| Dependent Claims |
Preferred embodiments, specific forms |
Particular substituents, formulation types |
Narrower claims, fortifying the patent’s defensive scope |
| Method Claims |
Therapeutic application |
Use in treating specific diseases |
Protecting treatment methods, preventing patent design-arounds |
Implications for Stakeholders
Pharmaceutical Innovators
The scope of KR20070074604 indicates a comprehensive protection barrier, encouraging innovations within the claimed chemical space. However, competitors should analyze the specific structural claims to identify potential design-arounds and avoid infringement.
Patent Holders
Strengthening patent claims by maintaining the breadth of composition claims and defending against prior art challenges is crucial, especially given the competitive landscape.
Regulatory & Commercial Strategies
Aligning patent life cycle management with clinical development timelines ensures maximum exclusivity. Moreover, leveraging patent protections in negotiations with licensing partners enhances bargaining positions.
Conclusions and Key Takeaways
-
Patent KR20070074604 covers a specific chemical compound or formulation, with a scope extending to various derivatives and preparation methods, providing broad protection in South Korea.
-
The claims are structured to safeguard the core invention, including pharmacological compositions and therapeutic methods, which is pivotal in establishing market exclusivity.
-
South Korea’s patent landscape favors novelty and inventive step, necessitating regular prior art searches and strategic claim drafting to maintain patent strength.
-
Stakeholders must monitor ongoing patent filings and potential challenges to adapt promptly, ensuring robust IP defense or freedom-to-operate analysis.
-
The patent’s scope underscores the importance of precise claim drafting to balance broad protection with technical feasibility, especially in complex fields like pharmaceuticals.
FAQs
1. How does KR20070074604 compare with international patents in the same chemical space?
The patent likely covers unique structural features or formulations that distinguish it from similar international patents, providing South Korean exclusivity. Cross-national comparison requires detailed analysis of related filings, considering jurisdiction-specific claims.
2. What are common challenges faced by patents like KR20070074604?
Challenges may include prior art invalidating the patent's novelty or inventive step, difficulty defending broad claims, or patent infringement disputes with competitors making similar compounds or formulations.
3. Can this patent be licensed or enforced outside South Korea?
While enforceable primarily within South Korea, patent holders often seek international patent protection via PCT filings. Licensing agreements can be made globally, contingent on corresponding patents in other jurisdictions.
4. How does patent life in South Korea affect drug development timelines?
South Korean patents typically last 20 years from the filing date, incentivizing early-stage patent filings. Effective management ensures maximum market exclusivity during critical development and commercialization phases.
5. What strategic steps should patent holders take regarding this patent?
Proactively monitor patent status, prepare for potential challenges, pursue extensions or supplementary protections, and consider international filings to maximize market coverage and competitive edge.
References
- South Korean Intellectual Property Office (KIPO). Patent Database Search.
- World Intellectual Property Organization (WIPO). PatentScope Database.
- Kim, S. et al. (2015). "Pharmaceutical Patent Landscape in South Korea." IP Today.
- Lee, H. et al. (2012). "Patent Strategies for Chemical-Related Inventions in Korea." J. Intellect. Prop. Law.
- Korean Intellectual Property Office. Patent Examination Guidelines.
[End of Article]
