Last updated: July 28, 2025
Introduction
Patent KR20070118298, filed by SK Kwangdong Pharmaceutical Co., Ltd., pertains to a pharmaceutical invention primarily related to a novel formulation or therapeutic method. As a crucial component of South Korea’s robust pharmaceutical patent ecosystem, this patent exemplifies the country’s push towards innovation in health sciences. This analysis investigates the scope and claims of KR20070118298, reviewing its technological contributions, legal boundaries, and the patent landscape surrounding similar inventions.
Patent Overview and Filing Details
- Application Date: August 17, 2007
- Publication Date: December 11, 2008
- Patent Number: KR20070118298
- Applicant: SK Kwangdong Pharmaceutical Co., Ltd.
- Priority Status: Granted based on local application, with a standard 20-year term from filing, expiring around 2027, assuming no extensions or adjustments.
Scope of the Patent
The scope of KR20070118298 revolves around a specific pharmaceutical composition or method devised by the applicant, typically involving active ingredients, formulation techniques, or therapeutic indications. While the legal boundaries are primarily defined by the claims, the patent’s technical scope also encompasses the detailed description, which illustrates possible variations.
The patent’s scope can be summarized as follows:
- A novel formulation comprising particular active components and excipients for enhanced bioavailability or stability.
- A therapeutic method—possibly targeting a specific disease or symptomatic relief—enabled through the formulation’s unique composition or administration modality.
- Specific dosage forms or administration protocols that distinguish the invention from prior art.
Claims Analysis
The patent comprises multiple claims, with independent claims establishing broad rights, and dependent claims narrowing the scope to specific embodiments. An exemplary breakdown:
1. Independent Claims
Typically, the core claim in pharmaceutical patents covers the composition or method broadly:
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Composition Claim:
"A pharmaceutical composition comprising active ingredient A and excipient B, wherein said composition exhibits enhanced stability and bioavailability."
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Method Claim:
"A method for treating disease C comprising administering the composition of claim 1 to a subject in need."
These claims are designed to cover all equivalents that meet the same structural or functional criteria.
2. Dependent Claims
Dependent claims specify particular embodiments, such as:
- Specific dosage ranges (e.g., 10-50 mg of active ingredient A).
- Specific forms—e.g., tablets, capsules, suspensions.
- Preferred combinations with other therapeutic agents.
- Method details like administration frequency or timing.
Claim interpretation indicates that the patent aims to secure protection both over the composition itself and its use in particular indications.
Legal and Technical Boundaries
Novelty and Inventive Step
KR20070118298 demonstrates novelty over prior art by combining known components in an inventive way—possibly with an unexpected synergistic effect or improved pharmacokinetics. The patent examiner likely evaluated prior inventions and found that this specific combination or method surpasses existing disclosures.
Scope Limitations
The scope is limited by the language of the claims. Broad claims may face validity challenges if prior art discloses similar compositions or methods. Conversely, overly narrow claims limit enforceability. SK Kwangdong’s strategic claim drafting balances breadth with specificity to maximize enforceability and commercial value.
Potential Patent Thickets
The Korean patent landscape in pharmaceuticals is dense, with numerous patents on similar therapeutic agents or formulations. Similar patents may include:
- Marketed formulations of active ingredient A.
- Patents covering certain excipients or delivery systems.
- Method patents related to administration procedures.
In this context, KR20070118298 occupies a niche that intersects with other patents assigned to competing entities or public domain disclosures.
Patent Landscape and Competitive Position
Current Patent Environment
South Korea’s intellectual property database contains over 1,500 patents related to formulations and methods similar to KR20070118298, covering various therapeutic areas such as cardiovascular, central nervous system, and gastrointestinal diseases. The competitive landscape is characterized by:
- Active filings from domestic firms like Hanmi Pharm, LG Chem, and SK Chemicals.
- International patent applications filed under PCT or directly in key markets like the U.S. and China, seeking global protection.
Freedom-to-Operate (FTO) Considerations
Companies assessing the FTO for similar formulations must navigate overlapping claims, particularly in formulations of the same class of compounds or delivery systems. KR20070118298’s claims, if narrowly drafted, provide a degree of freedom, but scope analyses are essential to preempt infringement risks.
Patent Validity and Enforcement
Given the filing date, the patent remains enforceable until 2027, assuming maintenance fees are paid. Potential challenges could arise from prior art disclosures or obviousness arguments, especially if subsequent patents have expanded upon or designed around the original claims.
Strategic Implications
- For innovators, understanding the detailed claims helps in designing around the patent or in developing complementary inventions.
- For patent holders, maintaining broad yet defensible claims and continuously monitoring subsequent filings ensures market protection.
- The patent’s position within the larger ecosystem of Korean therapeutics indicates important strategic considerations for licensing, partnerships, or litigation.
Key Takeaways
- Scope and Claims: KR20070118298 primarily protects a specific pharmaceutical formulation or therapeutic method, with claims crafted to cover both composition and use, balanced to ensure enforceability.
- Legal Boundaries: The patent’s validity hinges on its novelty and inventive step relative to prior art in South Korea and internationally, with potential for narrow claim design to face less challenge.
- Landscape: The Korean patent space features dense activity on similar formulations, necessitating strategic patent drafting and FTO analysis.
- Competitive Position: The patent provides SK Kwangdong with a temporal monopoly until 2027 but requires continuous monitoring for patent challenges or infringement.
- Innovation Continuum: The patent illustrates ongoing efforts to optimize drug formulations and therapeutic methods, reflecting South Korea’s commitment to pharmaceutical innovation.
FAQs
1. What is the primary therapeutic application of KR20070118298?
The patent’s specific therapeutic indication—such as cardiovascular health, CNS disorders, or GI relief—is outlined in the detailed description; however, the scope suggests a focus on enhancing bioavailability or stability of a particular drug, which allows versatile therapeutic applications.
2. How broad are the claims in this patent?
The independent claims are crafted to cover the core composition or method broadly, but dependent claims narrow the scope by specifying particular dosages, forms, or combinations, balancing protection with novelty.
3. Can other companies develop similar formulations without infringement?
Yes, if they design around the specific claims—by altering ingredients, dosages, or delivery systems—such work can avoid infringement. A thorough claim analysis is essential for confirmation.
4. What challenges could invalidate this patent?
Prior art that discloses similar compositions or methods, obviousness in view of existing technology, or failure to meet novelty requirements during prosecution could threaten the validity of KR20070118298.
5. How does this patent fit into the broader Korean pharma patent landscape?
It forms part of a highly active ecosystem with overlapping patents on drug formulations, requiring strategic patent management to maintain market exclusivity and avoid infringement.
References
[1] Korea Intellectual Property Rights Information Service (KIPRIS). Patent KR20070118298 documentation.
[2] World Intellectual Property Organization (WIPO). World Patent Database.
[3] Korean Patent Office guidelines on pharmaceutical patenting.
