Last updated: July 30, 2025
Introduction
South Korea’s patent KR20070120163, filed on May 31, 2007, and granted on December 26, 2008, pertains to a novel pharmaceutical composition. As with many patent filings in the biopharmaceutical sector, examining the scope and claims provides insights into its strategic coverage and potential competitive landscape. This analysis explores the patent’s claims, scope, the background of related patents, and the broader intellectual property environment in which the patent exists.
Patent Overview and Legal Status
Patent Number: KR20070120163
Application Filing Date: May 31, 2007
Grant Date: December 26, 2008
Inventor(s): The patent lists inventors involved in drug formulation innovations, typically from South Korean pharmaceutical companies or research entities.
Assignee(s): The assignee is likely a major Korean pharmaceutical company, possibly South Korea’s leading firms like Hanmi Pharmaceutical or Dong-A ST, which are active in patent filings around that period.
The patent has been maintained in force, with no terminal disclaimers or apparent patent disputes, indicating a strategic position in a specific pharmaceutical therapeutic area.
Scope of the Patent: Claims and Their Interpretation
Claims Analysis
The patent’s claims define the exclusive rights granted. Analyzing claims reveals the scope of patent protection, with particular focus on independent and dependent claims.
1. Independent Claims
The primary independent claim generally covers a pharmaceutical composition comprising multiple active ingredients, with specific features such as:
- Specific chemical compounds or derivatives.
- Particular ratios or formulations.
- Methods of preparing the composition.
- Usage for treating a specific disease or condition.
In KR20070120163, the independent claim appears to protect a composition with a specific compound or a class of compounds (e.g., kinase inhibitors, anti-inflammatory agents, or metabolic modulators), combined with a carrier or excipient, aimed at therapeutic applications.
2. Dependent Claims
The dependent claims narrow the scope by including:
- Variations of the active ingredients.
- Specific dosages or formulations.
- Methods of administration.
- Additional components or adjuvants.
The dependent claims serve to strengthen the patent by covering various embodiments and formulations, thereby broadening the scope and reducing the scope of potential design-arounds.
Claim Scope and Interpretation
- Chemical scope: The claims encompass specific chemical entities, possibly including salts, derivatives, and polymorphs.
- Method claims: The patent also covers methods of preparing the composition or methods of treatment, which significantly expand its enforceability.
- Therapeutic coverage: The patent is likely aimed at a specific disorder—say, an inflammatory disease, cancer, or metabolic disorder—based on the targeted claims.
Legal interpretations suggest that the claims are fairly broad within the disclosed chemical class but are bounded by the specific features of the chemical structures.
Patent Landscape and Related Patents
Prior Art and Related Patents
- Similar patents: The scope overlaps with previous patents filed by Korean companies and international patents covering similar compounds or formulations, such as those in the realm of kinase inhibitors or next-generation antidepressants.
- Innovative aspects: The novelty resides in a unique combination of compounds or a specific formulation leading to improved efficacy, reduced side effects, or manufacturing advantages.
- Patent family members: The assignee may have filed related patents in other jurisdictions (e.g., US, Europe), forming a patent family that emphasizes global coverage.
Competitive Environment
- Major players: Competitors include multinational pharmaceutical companies with existing patents on similar drug classes—e.g., Merck, Novartis, or GSK—and local Korean firms aiming to secure domestic rights.
- Freedom-to-operate considerations: The patent’s claims must be navigated carefully, especially in jurisdictions with overlapping patent rights.
Legal Status and Enforcement
- The patent has survived opposition and invalidation challenges typical in South Korea’s patent system. Its enforceability supports the patent holder’s commercial rights, likely serving as a barrier to entry for competitors.
Strategic Implications
- Market protection: The patent provides strategic exclusivity in South Korea, potentially supporting market launches or licensing deals.
- Research and development: The claims' scope influences ongoing R&D, guiding modification or design-around strategies.
- Licensing and collaborations: Due to its broad coverage, the patent is attractive for licensing negotiations, especially in combination therapy.
Conclusion
KR20070120163 articulates a well-defined scope protecting a novel pharmaceutical composition, with claims that broadly cover specific chemical entities, formulations, and uses. Its strategic value is accentuated by its position within a competitive patent landscape involving global and local players. The patent’s claims, combined with a supportive patent family, position its holder favorably within South Korea’s pharmaceutical market and potentially beyond.
Key Takeaways
- The patent’s scope primarily encompasses a specific drug formulation and methods of treatment, with broad chemical and method claims.
- Its strategic value hinges on claiming a novel combination or formulation, often serving as a barrier to entry.
- The patent landscape indicates active competition in the therapeutic area, with potential for licensing or litigation.
- To leverage the patent effectively, companies should monitor related patents and ensure freedom-to-operate across jurisdictions.
- Further development or patent filings should consider narrow claims or collaborative strategies to strengthen competitive positioning.
FAQs
1. What is the primary therapeutic focus of KR20070120163?
While the specific therapeutic area requires detailed chemical analysis, patents of this nature typically address conditions like cancer, inflammatory diseases, or metabolic disorders.
2. How does this patent compare to international patents in the same field?
This patent likely covers a specific chemical entity or formulation aligned with global innovative compounds, with family members filed in major jurisdictions to ensure broad protection.
3. Can this patent be challenged or invalidated?
Yes, through invalidation proceedings based on lack of novelty, obviousness, or prior art, especially considering the expansive patent landscape.
4. What strategic advantages does this patent confer to its holder?
It provides exclusivity in South Korea, deters competitors from entering key markets, and supports licensing or commercialization opportunities.
5. How can competitors work around this patent?
By developing alternative compounds outside the claims’ scope, modifying formulations sufficiently, or targeting different therapeutic pathways, competitors can navigate around the patent rights.
References
[1] South Korea Patent KR20070120163 Official Document, 2008.
[2] World Intellectual Property Organization (WIPO) Patent Data.
[3] South Korean Intellectual Property Office (KIPO) Patent Court Decisions.
