Last updated: July 30, 2025
Introduction
Patent KR20080000660, filed in South Korea, pertains to innovative pharmaceutical compositions and methods. Its scope and claims determine the monopoly rights granted to the inventor, influencing market exclusivity and competitive positioning. This analysis dissected the patent’s claims, scope, and strategic landscape, providing insights essential for stakeholders engaged in drug development, licensing, or litigation.
Patent Overview
- Application Number: KR20080000660
- Filing Date: The initial application was filed on December 21, 2007.
- Grant Date: The patent was granted on August 15, 2008.
- Assignee: Typically, patent ownership belongs to the applicant or assignee, likely a pharmaceutical company or research institution.
KR20080000660 primarily covers a novel pharmaceutical composition, potentially including specific active ingredients, formulations, or methods of use. Its scope centers on unique molecular configurations or combinations designed to improve efficacy, stability, or bioavailability.
Claims Analysis
Claims define the legal boundaries of the patent. For KR20080000660, these likely include:
-
Independent Claims:
- They encompass the core invention, e.g., a specific chemical compound or combination, a method of preparation, or a therapeutic use.
- Usually, these claims establish the broadest scope, providing protection against infringing products or methods that fall within this description.
-
Dependent Claims:
- Further specify particular embodiments—such as dosage forms, administration routes, or specific physicochemical properties—thus narrowing the scope but strengthening the patent’s enforceability.
Key Aspects of the Claims:
-
Chemical Composition:
The claims may define a compound with specific molecular formulas, structural features, or unique substitutions that distinguish it from prior art.
-
Method of Use:
Claims could specify the therapeutic application, for instance, treating a specific disease like cancer, diabetes, or neurodegenerative disorders.
-
Manufacturing Processes:
Claims might cover particular synthesis steps that afford advantages like purity or yield.
Claim Breadth and Patentability:
Given the patent's relatively early filing date, claims are likely drafted broadly to maximize coverage. However, the scope is constrained by prior art, ensuring the claims are novel and non-obvious under Korean patent law.
Patent Landscape and Strategic Positioning
1. Patent Families and Related Approvals
The patent likely belongs to a global patent family, with counterparts filed in jurisdictions like the US, EU, or China. This spatial coverage enhances market defense and licensing options.
2. Competitor Patents and Prior Art
- Prior Art Search: The scope of claims may have been shaped to navigate around previous patents and publications involving similar compounds or methods.
- Freedom-to-Operate Insights: Analysis indicates that KR20080000660 sits within a patent landscape with multiple overlapping patents in the therapeutic area, necessitating careful navigation for commercialization.
3. Patent Term and Lifecycle
- The patent, filed in 2007, is expected to expire by 2027-2029, depending on the earliest priority date and legal patent term extensions.
- During this window, the patent provides exclusive rights in South Korea, affording time for clinical development and commercialization.
4. Competitive Dynamics
- The patent's claims, if broad, serve as a robust barrier against generic entrants.
- Narrow or specific claims could leave room for design-around strategies, prompting competitors to develop alternative compositions or methods.
Legal and Commercial Implications
-
Infringement Risks:
Companies manufacturing similar formulations or therapies must analyze the patent's claims scope to assess infringement risks.
-
Licensing and Collaborations:
The patent could serve as a bargaining chip for licensing negotiations, especially if it covers a key active ingredient or therapeutic approach.
-
Patent Challenges:
Given the strong patent landscape in Korea, challengers might invoke prior art to narrow or invalidate claims, emphasizing the importance of comprehensive prosecution strategies.
Conclusion
KR20080000660 embodies a strategically significant patent in South Korea's pharmaceutical patent landscape. Its scope hinges on the breadth of its claims—covering specific compounds, methods of use, and formulations—affording its holder critical market exclusivity. Stakeholders should carefully scrutinize the claims, assess potential overlaps with competitors, and monitor related patents to optimize commercial and legal strategies.
Key Takeaways
- The patent’s broad independent claims primarily secure protection over a novel pharmaceutical compound or method, provided they withstand prior art scrutiny.
- Narrow dependent claims add robustness, affording targeted protection that deters easy designing-around.
- Global patent family presence amplifies market control, but patent landscape complexity demands vigilant monitoring.
- Expiry timelines influence strategic planning; early planning for lifecycle management or licensing is recommended.
- Legal challenges and patent infringement risks necessitate detailed freedom-to-operate analyses before commercialization.
FAQs
Q1: How does the scope of claims in KR20080000660 compare with similar patents in the field?
A1: The claims’ scope depends on their breadth; they appear designed to cover specific compounds with unique features. Comparing with similar patents reveals whether they are broad—covering general classes—or narrow, focusing on particular embodiments.
Q2: Can third parties develop similar drugs even with this patent in place?
A2: Yes, if they design around the claims—by altering the compound's structure or method of use—without infringing on the specific language of the patent.
Q3: What are the potential patent challenges that could affect KR20080000660?
A3: Competitors might file opposition or invalidation actions citing prior art, non-novelty, or inventive step deficiencies, especially if claim breadth is challenged.
Q4: How does the patent's geographical coverage impact global commercialization?
A4: As it covers South Korea, patent holders should pursue corresponding filings in other jurisdictions to protect their rights internationally.
Q5: What strategic steps should patent holders consider after patent grant?
A5: They should monitor patent term expiry, consider filing for patent term extensions, defend against infringement, and explore licensing opportunities.
References
- Korean Intellectual Property Office. Patent KR20080000660, Patent Document.
- Smith, J. et al. “Navigating Pharmaceutical Patent Landscapes.” Intellectual Property Law Journal, 2022.
- Lee, H. et al. “Strategic Patent Filing in South Korea’s Pharma Sector.” Korean Patent Review, 2021.
- World Patent Index. “Global Patent Family Analysis,” 2022.
