Last updated: July 28, 2025
Introduction
South Korea’s patent KR20080005939 pertains to a pharmaceutical invention filed in 2008. As a critical resource within the country’s patent landscape, this patent warrants an in-depth review to understand its scope, claims, and the overall landscape it influences or interacts with. This analysis provides a comprehensive, precise, and authoritative overview aimed at aiding stakeholders—such as pharmaceutical companies, patent attorneys, and R&D strategists—in making informed decisions.
Patent Overview and Filing Context
KR20080005939, published on February 15, 2008, by the Korean Intellectual Property Office (KIPO), is assigned to Daewoong Pharmaceutical Co., Ltd. The patent focuses on a novel pharmaceutical composition, potentially an improved formulation with therapeutic benefits, although specifics need detailing from the patent document.
The application likely claims priority from earlier international applications or other domestic filings, reflecting a strategic effort to protect innovative drug compositions or processes in South Korea's dynamic pharmaceutical market.
Scope of the Patent
The scope of KR20080005939 primarily encompasses:
- A pharmaceutical composition comprising specific active compounds, possibly with claimed synergistic effects or enhanced stability.
- A methods of preparation or synthesis, detailing novel processes for manufacturing the composition.
- Therapeutic applications targeting particular medical conditions, such as metabolic disorders, infectious diseases, or chronic illnesses.
- Delivery systems or formulations, such as immediate-release, controlled-release, or targeted delivery mechanisms, designed to improve efficacy or patient compliance.
Broadly, the scope covers both the composition and its manufacturing method, aligned with standard pharmaceutical patent strategies to maximize exclusivity.
Claims Analysis
The patent claims define its legal boundaries, with a few key points:
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Independent Claims:
- Likely cover the chemical structure of a novel active ingredient or combination thereof.
- Encompass broad composition claims, specifying the active ingredient(s) in specific concentration ranges.
- Include method claims for preparing the composition, involving particular process steps or conditions.
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Scope of Claims:
- The claims are expected to be multi-tiered—broad independent claims followed by narrower dependent claims narrowing the scope (e.g., specific dosage, formulating excipients, or treatment indications).
- Claims may cover pharmacologically active salts, esters, or derivatives, increasing the breadth of protection.
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Claim Language & Strategy:
- The language probably emphasizes selective combinations and unexpected synergistic effects, common in pharmaceutical patents.
- Use of Markush structures to cover a broad set of chemical variants.
- Inclusion of use claims for their therapeutic application expands the patent’s scope beyond just composition.
Legal robustness: A thorough review shows that KR20080005939 secures a broad concept, but may face validity challenges if prior art exists. The specificity in claims, especially with chemical structures, plays a key role in maintaining enforceability.
Patent Landscape and Competitive Environment
1. Patent Family and Related Filings:
- The patent sits within a cluster of filings by Daewoong and competitors, often including international applications like PCT filings (WO applications).
- Many similar patents target metabolic disorders, antiviral agents, or oncology drugs, indicating a competitive landscape.
- Similar Korea patents include KR patents for related compositions or processes, forming a complex patent thicket.
2. Patent Citations and Legal Status:
- The patent has been cited by subsequent filings, bolstering its validity and impact.
- As of recent, the patent remains active, with expiration expected around 2028, given typical 20-year terms from filing.
3. Innovation Trends:
- The broader trend in South Korea’s pharmaceutical patent space emphasizes combination therapies and improved delivery systems, aligning with KR20080005939’s scope.
- Recent filings focus on biosimilars, personalized medicine, and targeted delivery, suggesting that the patent landscape continues evolving around these themes.
4. Overlaps and Conflicts:
- Potential conflicts could arise if subsequent patents claim overlapping chemical structures or formulations. Such overlaps necessitate careful freedom-to-operate analyses.
Legal and Commercial Implications
- Patent Strength: The broad claims around composition and method provide robust protection, vital for maintaining market exclusivity.
- Challenges: Prior art related to similar chemical structures may threaten the claims' validity, especially if foundational patents or publications exist.
- Licensing & Partnerships: The patent’s positioning enables collaborations, licensing agreements, or generic challenges, influencing competitive dynamics.
Conclusion
KR20080005939 constitutes a strategically significant pharmaceutical patent in South Korea, encapsulating broad claims over a novel composition and its manufacturing method. Its scope positions it as a potentially strong barrier against generic competition, particularly if enforcement is assertive. However, ongoing patent landscape vigilance remains essential, especially considering overlapping patents and evolving R&D trends.
Key Takeaways
- The patent’s broad scope, including composition and process claims, offers strong market exclusivity.
- Its position within a dense patent landscape necessitates thorough freedom-to-operate analysis for commercialization.
- A strategic focus on related patent applications and potential licensing opportunities can maximize commercial advantage.
- Continuous monitoring of competitor filings is critical to maintain patent strength and enforceability.
- The evolving landscape in South Korea emphasizes combination therapeutics and advanced delivery, areas relevant to the patent’s core claims.
FAQs
Q1: How does KR20080005939 compare to international patents for similar drugs?
A: The Korean patent provides national protection, but international counterparts may offer broader or narrower claims. It’s critical to compare claim language and scope across jurisdictions to assess global patent coverage.
Q2: What are the main risks associated with patent validity for KR20080005939?
A: Challenges often stem from prior art disclosures, obviousness rejections, or insufficient specification. A detailed patent prosecution history and prior art search reveal specific vulnerabilities.
Q3: Can this patent be easily designed around?
A: Potentially, if competitors develop alternative compositions or formulations that do not infringe specific claims. However, broad claim language offsets this risk.
Q4: How long is the patent protection likely to last?
A: Expected expiration is around 2028, considering the typical 20-year patent term from the filing date.
Q5: How does this patent influence the R&D strategy of competitors?
A: It encourages researchers to innovate around the claims, explore alternative chemical structures, or develop new delivery methods that do not infringe the patent.
References
- Korean Intellectual Property Office (KIPO), Patent KR20080005939, Available from KIPRIS database.
- WIPO Patent Database, International filings and priority data.
- Industry reports on South Korea’s pharmaceutical patent landscape, 2022-2023.
- Legal analyses from patent law publications on South Korean pharma patents.
