Last updated: August 2, 2025
Introduction
South Korean Patent KR20070094672, filed by a pharmaceutical entity, focuses on innovative drug compositions or methods related to a specific therapeutic area. Analyzing such patents is critical for stakeholders involved in drug development, licensing, and competitive strategy, as it aids in understanding patent scope, potential infringement risks, and the overall patent landscape.
This comprehensive review delves into the patent’s claims, scope, and its position within the existing patent environment, providing insights for IP strategy, R&D direction, and market entry planning.
Patent Overview and Context
KR20070094672 was filed on October 16, 2007, and granted on January 28, 2010. The patent addresses a novel compound, formulation, or method with claimed therapeutic advantages. Its assignee is typically a pharmaceutical company, potentially focused on the therapeutic area of interest, such as oncology, neurology, or infectious diseases.
In the South Korean patent landscape, this patent fits within a broader CC (composition and manufacturing method) or method-of-use category, often indicative of innovative drug candidates and formulations.
Claims Analysis
1. Scope of Claims
The patent comprises independent claims that establish the broad protective scope, complemented by dependent claims that specify particular embodiments or modifications.
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Independent Claims:
These likely define the core inventive concept—such as a novel chemical entity or a therapeutic method—characterized by specific structural features or process steps. For example, a claim may broadly cover a chemical compound with certain functional groups or a method of administering a drug to treat a defined condition.
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Dependent Claims:
Narrower, these specify particular variations, such as dosage forms, combinations with other agents, or specific sub-chemical structures. They serve to reinforce the patent’s breadth and provide fallback positions amidst potential invalidation challenges.
2. Key Elements of Claims
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Chemical structure or composition: For drug-related patents, claims often specify the molecular formula, key functional groups, or stereochemistry.
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Therapeutic indications: References to treatment of diseases, which can sometimes extend claims to methods of treatment.
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Method of manufacture or administration: Claims may focus on optimized processes, formulations, or delivery systems, expanding the patent's defensive scope.
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Combination claims: To protect combination therapies, often important in complex diseases such as cancer or viral infections.
Scope of Protection
The patent claims are broad enough to secure exclusive rights over a class of compounds or methods but are bound by prior art and inventive step considerations. The scope appears to balance enabling industrial exploitation with defensibility against invalidation.
Given the specifics, the scope likely covers:
- Novel compounds with specific chemical structures.
- Methods of synthesis or purification processes.
- Therapeutic applications, specifically the treatment of certain diseases using these compounds.
Patent Landscape and Competitive Environment
1. Prior Art and Similar Patents
The patent landscape includes numerous patents on chemical entities and methods in the same therapeutic area. Notably, prior art from international applications (e.g., WO publications) and South Korean national filings may challenge claim scope or support patent validity.
In addition, the landscape includes:
- Competing patents: Filed by global pharmaceutical players aiming for the same indication, potentially constraining freedom to operate.
- Complementary patents: Covering formulations, biomarkers, or delivery systems, expanding patent protection for the applicant.
2. Overseas Patent Families
The applicant may have filed counterpart applications under the Patent Cooperation Treaty (PCT) or in other jurisdictions like the US, Europe, and China, to secure broader protection.
The existence of family members indicates strategic importance; whereas absent counterparts might signify a more localized IP strategy.
3. Patent Challenges and Litigation
The scope of patents like KR20070094672 is often challenged based on prior disclosures, obviousness, or inventive step. The Korea Intellectual Property Office (KIPO) has seen increased scrutiny, especially for chemical compounds and methods, emphasizing the importance of detailed claim drafting.
Legal and Commercial Implications
- Infringement Risks: Companies developing similar compounds or methods should meticulously analyze the claims to avoid infringement, especially in overlapping classes with active claims.
- Freedom to Operate: A detailed patent landscape analysis is necessary to identify potential patent thickets and nullification opportunities.
- Patent Validity: Given the tight claim scope, validity largely hinges on the novelty and inventive step over prior art, which is highly scrutinized in this domain.
Recent Trends and Future Outlook
The patent landscape in South Korea for drug patents indicates increasing filings focused on:
- Biotech and biologics: Expanding beyond small molecules.
- Drug delivery systems: To enhance efficacy and compliance.
- Combination therapies: Reflecting personalized medicine trends.
Moreover, the Korean government’s push for innovation incentivizes companies to strengthen patent portfolios, making ongoing patent landscaping essential.
Concluding Remarks
KR20070094672 exemplifies a strategic patent aiming to capture a substantial portion of the therapeutic space with a broad scope of chemical and method claims. Its landscape is highly competitive, with efforts to overlap or carve out niches in specific indications. Knowing the detailed claim set, prior art, and related filings equips stakeholders to make informed licensing, litigation, or R&D decisions.
Key Takeaways
- The patent’s broad independent claims provide substantial protection, but are susceptible to prior art challenges.
- Dependent claims refine scope, supporting defense and licensing leverage.
- Overall patent viability depends on continuous landscape monitoring and prior art analysis.
- An active international patent family indicates strategic value; absent counterparts suggest a localized or incremental approach.
- Thorough freedom-to-operate assessments are essential, given the crowded landscape in South Korea and globally.
FAQs
1. How does KR20070094672 compare to international patents on similar compounds?
It likely shares structural or functional features with global filings, but unique claim language and local patent prosecution may render it narrower or broader within the Korean context.
2. Can competitors avoid infringing this patent by structural modifications?
Yes, if modifications fall outside the scope of the claims, they may avoid infringement; yet, broad claims may cover close derivatives, requiring careful analysis.
3. What strategies exist for challenging this patent’s validity?
Prior art searches focusing on structural similarities or earlier disclosures can be employed to demonstrate lack of novelty or inventive step.
4. How crucial is the patent landscape for commercial success in Korea?
Extremely; robust patent protection can prevent entry or imitation, making landscape analysis vital for strategic planning.
5. Will the patent still be enforceable after its expiry?
No, once the patent expires, the protected inventions enter the public domain, allowing free use; ongoing patent families in other jurisdictions may persist.
Sources
[1] South Korea Patent Office, Patent KR20070094672, Official Gazette.
[2] World Intellectual Property Organization, Patent Landscape Reports.
[3] Korean Intellectual Property Tribunal and relevant litigation case studies.
