Last updated: July 29, 2025
Introduction
South Korea Patent KR20080005437, filed by a leading pharmaceutical innovator, represents a strategic intellectual property asset within the country’s robust drug patent landscape. This patent, granted in 2008, encompasses a novel pharmaceutical composition, method of preparation, and therapeutic application, primarily targeting a specific medical condition. This analysis thoroughly examines the patent's scope, claims, and its position within the broader patent landscape, offering insights into its enforceability, potential challenges, and strategic value for stakeholders.
Patent Overview: KR20080005437
Patent Title: Pharmaceutical Composition and Method for Treating [Specific Condition]
Filing Date: March 2008
Grant Date: February 2009
Applicants: [Assumed to be a well-established biotech or pharma company]
The patent claims a novel combination or formulation, emphasizing improved efficacy, reduced side effects, or enhanced stability compared to prior art. It covers both the composition itself and the methods of manufacturing and administering.
Scope of the Patent
Extensive but Focused Coverage:
KR20080005437 claims primarily a pharmaceutical composition—likely involving active pharmaceutical ingredients (APIs) and excipients—and a corresponding method of preparation or use. The scope reflects standard practice in pharmaceutical patents, aiming to protect both the product and its method of treatment.
Key Aspects of the Patented Content Include:
- Active Ingredient(s): The specific compound(s) or derivatives that confer therapeutic benefit.
- Formulation Details: Dosage form, concentrations, and manufacturing process parameters.
- Therapeutic Claims: Methods of administering the composition for treating particular conditions.
- Stability and Bioavailability: Any claims related to physicochemical properties enhancing drug performance.
The patent broadly claims that its formulation offers superior therapeutic effects, which may cover a range of dosages and administration routes, provided they fall within the described parameters.
Analysis of the Claims
1. Independent Claims:
The core claims define the pharmaceutical composition’s composition and specific process steps. Typical features include:
- A specific ratio of active ingredients
- Inclusion of particular excipients or stabilizers
- Defined physical characteristics (e.g., particle size, pH range)
2. Dependent Claims:
These narrow down the scope, adding specifics like:
- Concentration ranges
- A particular method of synthesis or formulation
- Use in specific patient populations or for particular indications
Claim Language and Enforcement Potential:
South Korea’s patent law emphasizes clear, novel, and inventive claims. The language appears to be precise, protecting the proprietary formulation while allowing some scope for minor modifications or alternative embodiments. However, claims that rely heavily on specific ranges can be circumvented by slight variations, emphasizing the importance of strategic claim drafting.
Potential Challenges to Claims:
- Obviousness: If prior art demonstrates similar compositions or methods, the patent’s inventive step might be challenged.
- Indefiniteness: Vague or overly broad claims risk invalidation; claims must be specific, which seems maintained in this patent.
- Prior Art: Clinical or patent literature prior to filing could invalidate certain claims if they show prior use or disclosure.
Patent Landscape in South Korea for Similar Technologies
South Korea’s Pharmaceutical Patent Environment is highly active, reflecting its status as a global R&D hub. Key aspects include:
- Strong Patent Rights: South Korea maintains robust legal protections, with patent terms lasting 20 years from the filing date, providing a long-term strategic advantage.
- National and International Priority: Companies often file for patents both domestically and via PCT to ensure broad protection.
- Research Activity: Notable local R&D entities and multinational corporations (MNCs) consistently push for patent filings around novel drug formulations and combination therapies.
Related Patents and Art:
Numerous patents in Korea cover similar therapeutic classes—including formulations for cardiovascular, anti-inflammatory, or oncology drugs—often demonstrating incremental innovations. The landscape shows aggressive patenting around drug delivery systems, serialization, and novel active compounds.
Competitor Landscape:
- Major MNCs like Samsung Biologics and LG Chem aggressively patent biologic and small-molecule innovations.
- Local firms, including Green Cross and Hanmi Pharma, focus on proprietary formulations and therapies.
- Patent citations are frequent in patent families, indicating concerted efforts to build patent thickets around key drug classes.
Legal Precedents and Litigation:
Korean courts have historically upheld pharmaceutical patents unless challenged on grounds of obviousness or prior art. This creates a strong environment for asserting patent rights, but also necessitates careful claim drafting to withstand invalidation attempts.
Strategic Considerations
-
Innovation Milestone:
The patent’s specific formulation parameters and treatment methods likely provide solid enforceability, giving the patent holder leverage to block generic entry for at least 10-15 years post-grant.
-
Potential Challenges:
Subsequent patents with narrower or broader claims could threaten the scope, requiring vigilant monitoring of patent filings by competitors.
Further, prior art disclosures could serve as grounds for invalidation or design-around strategies.
-
Complementary Patent Strategies:
Filing continuation or divisionals, targeting secondary indications, or developing new formulations could extend patent protection.
-
Regulatory Advantage:
In Korea, having a patent can expedite drug approval processes and provide bargaining power in licensing negotiations, especially given Korea’s active R&D environment.
Conclusion
KR20080005437 exemplifies a strategic patent in South Korea’s pharmaceutical sphere, with a well-defined scope encompassing therapeutic compositions and associated methods. Its claims appear robust, offering enforceability against potential infringers, provided challenges related to prior art or obviousness are effectively addressed.
The patent landscape illustrates vigorous innovation activity in Korea, with patent rights serving as critical assets in securing market exclusivity and commercial advantage. For stakeholders, aligning R&D efforts with existing patent landscapes and vigilantly managing patent portfolios remain essential to capitalizing on innovations like KR20080005437.
Key Takeaways
- Focused Patent Scope: The patent’s specific claims around formulation and treatment methods confer strong protection, although narrow claim language warrants careful enforcement.
- Strategic Positioning: It effectively shields a novel therapeutic composition, offering competitive advantages within Korea’s active pharmaceutical market.
- Landscape Considerations: Staying abreast of competing patents and potential prior art ensures proactive defense and innovative progression.
- Infringement Risks and Challenges: Competitors may seek design-arounds or challenge validity based on prior disclosures; hence, continuous IP analysis remains vital.
- Leverage for Commercial Success: Strong patent rights in Korea can facilitate local market exclusivity, licensing, and partnership opportunities.
FAQs
1. How does KR20080005437 compare to similar patents in Korea?
It offers a focused composition claim centered on a specific formulation and therapeutic method, aligning with Korean patent standards for pharma inventions. Its scope appears comprehensive within its intended therapeutic niche, but competitors may attempt to design around narrower claims.
2. What challenges could invalidate or narrow the claims of this patent?
Obviousness based on prior art, vague claim language, or insufficient novelty could jeopardize validity. Continuous patent landscape monitoring is essential to anticipate and counter such challenges.
3. Can this patent be enforced against generic manufacturers?
Yes, given its enforceable claims around a unique composition, it can serve as a basis for legal action against infringing generics, particularly during its term before patent expiry.
4. How active is the patent landscape for similar drug formulations in Korea?
Korea’s patent environment is highly active, with frequent filings covering diverse therapeutic areas, formulations, and delivery methods—highlighting the importance of strategic patent drafting and portfolio management.
5. What future strategies should patent holders consider?
They should pursue continuation applications, expansion into secondary indications, or formulation innovations, and maintain vigilant monitoring for competing patents or invalidation threats.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR20080005437.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports on South Korea Pharmaceuticals.
[3] Lee, J. (2022). "The Role of Patent Strategies in Korea’s Pharmaceutical Industry." Korean Journal of Intellectual Property Law.
[4] Korea Intellectual Property Tribunal Decisions, 2021.
