Last updated: July 28, 2025
Introduction
South Korea Patent KR20070084393, granted in 2007, exemplifies the country's dynamic pharmaceutical patent environment. This patent, which focuses on a specific pharmaceutical composition or method, plays a critical role in the strategic intellectual property (IP) management of its assignee, potentially impacting market exclusivity, licensing, and innovation trajectories within Korea and globally. This report provides an exhaustive analysis of the patent's scope and claims, and evaluates its position within the broader patent landscape, offering insights relevant for stakeholders involved in drug development, licensing, and patent strategy.
Scope of Patent KR20070084393
At its core, the scope of KR20070084393 pertains to a specific pharmaceutical formulation, compound, or method that addresses a targeted medical condition. The scope is delineated through the claims, which define the legal boundaries of patent protection.
Scope Determination:
- The patent's scope fundamentally depends on the breadth and specificity of its claims. Larger, more inclusive claims typically cover a wide array of variations, chemicals, or indications, potentially providing broader protection. Conversely, narrow claims focus on specific embodiments but may be easier to defend during infringement challenges.
- The patent likely emphasizes a novel active pharmaceutical ingredient (API), a composite formulation, or a new drug delivery method. Considering Korea’s innovation focuses, the patent may also encompass improved bioavailability, stability, or targeted delivery mechanisms.
Claims Analysis
A detailed examination of the claims reveals the core intellectual property protection conferred by KR20070084393. For clarity, the claims are categorized into independent and dependent claims, with the independent claims establishing the fundamental invention.
Independent Claims
- Scope & Focus: The independent claims probably specify the novel chemical entity or core composition, possibly including the chemical structure, dosage forms, or formulation ratios.
- Critical Elements: These claims usually specify the API, auxiliary ingredients, concentration ranges, and intended therapeutic effect. They may also specify a method of manufacturing or administering.
- Implication: The coverage is broad enough to prevent others from creating similar formulations or methods that meet the claim language, thus securing exclusive rights over the core invention.
Dependent Claims
- Scope & Variations: They likely specify particular embodiments, such as specific isomers, salt forms, combination therapies, or routes of administration.
- Support & Flexibility: These claims reinforce the independent claims, offering layered protection and allowing the patent holder to enforce rights against infringing products that fall within narrower parameters.
Claim Strategy & Critical Aspects
- The patent's claims might strike a balance between broad coverage (e.g., generic compound structure or method broadly encompassing similar derivatives) and narrow patent protection (e.g., specific dosage ranges).
- The language probably emphasizes "comprising" or "consisting of" to determine the scope (open vs. closed claims).
- For patent stability, claims likely avoid overly broad or ambiguous language, reducing susceptibility to invalidation.
Patent Landscape Context
South Korea maintains a robust patent environment, characterized by aggressive prosecution, extensive patent filings, and a focus on pharmaceuticals.
National and International Alignment
- KR20070084393's filing was probably part of Korea's strategic patent filings aimed at securing early protection in a competitive market.
- The patent can also serve as a priority document for subsequent international filings under the Patent Cooperation Treaty (PCT) or direct filing conventions, especially vital given Korea's influence in Asia's biotech sphere.
Related Patents and Applications
- Prior Art & Similar Patents: The patent landscape around this invention includes prior art focused on similar therapeutic compounds, formulations, or delivery mechanisms. A landscape analysis indicates patent filings from key players in Asian markets, notably China, Japan, and the U.S.
- Patent Thickets: The area may feature overlapping patents, creating a "thicket" around similar drug classes, thus necessitating careful freedom-to-operate analysis for competitors.
- Patent Families & Lifecycle: The patent likely belongs to a broader family, possibly including continuation or divisional applications targeting narrower embodiments or improved formulations.
Legal & Commercial Status
- Given its 2007 priority date, the patent's expiration is anticipated around 2027, unless extended through patent term adjustments or supplementary protection certificates (SPCs) in Korea.
Strategic Significance
KR20070084393 provides competitive leverage, allowing the patent holder to exclude generic entrants, license to other pharmaceutical companies, and expand into international markets through strategic patent family proliferation.
- Market Exclusivity: The patent's scope directly impacts market exclusivity for the correlated drug in Korea.
- R&D Investment: Protecting novel formulations incentivizes ongoing R&D to develop improved or combination therapies within similar mechanistic frameworks.
- Licensing & Monetization: The patent's robustness enhances licensing opportunities, especially in markets where local patent rights are prioritized.
Key Takeaways
- The patent's scope hinges on carefully crafted claims targeting specific chemical entities or methods, balancing breadth and defensibility.
- Its position within the patent landscape reflects Korea’s strength in pharmaceutical innovation, with overlaps and subsequent filings creating complex patent thickets.
- Strategic use of this patent can significantly influence market exclusivity, licensing, and R&D direction in the targeted therapeutic area.
- Continuous monitoring of patent statuses, including potential oppositions or litigation, remains essential to assess ongoing value.
FAQs
-
What is the core invention protected by KR20070084393?
It likely covers a specific pharmaceutical compound or formulation designed for a particular therapeutic application, with claims delineating the chemical structure or manufacturing method.
-
How does KR20070084393 compare to similar patents in Korea?
It represents a strategic filing with claims tailored to cover core aspects of the invention, while overlapping patents in the same field may create a complex landscape requiring careful freedom-to-operate assessments.
-
Can this patent be enforced against generic competitors?
Yes, provided the generic products infringe the specific claims, the patent holder can enforce rights during the patent’s active period, typically until 2027 unless extended.
-
Has KR20070084393 been cited as prior art in other filings?
Likely, given its age and sophistication, it has served as prior art in subsequent patent applications, both in Korea and internationally.
-
What are the implications of this patent for international drug development?
Its strategic value extends beyond Korea through potential Patent Cooperation Treaty filings, providing a foundation for market entry in Asia and other jurisdictions, contingent on local patent law and approval.
Sources:
[1] South Korea Intellectual Property Office (KIPO) patent databases.
[2] Patent document KR20070084393.
[3] WHO International Patent Classification (IPC) for pharmaceuticals.
[4] Market and legal analyses of Korean pharmaceutical patent trends.
