Last updated: August 4, 2025
Introduction
South Korea’s patent KR20080024202, filed on January 16, 2008, and granted on December 4, 2008, presents significant insights into pharmaceutical innovation, particularly concerning formulations or compounds with therapeutic applications. This patent offers a comprehensive window into the scope of claims targeting specific drug compositions, methods, or uses, and their strategic positioning within the patent landscape. A thorough understanding assists stakeholders—including pharmaceutical companies, generic manufacturers, and patent attorneys—in navigating patent validity, freedom-to-operate, and licensing opportunities.
Patent Overview and Patent Family Context
KR20080024202 falls within South Korea’s robust pharmaceutics patent framework, aligning with the country’s emphasis on protecting innovative drug formulations and therapeutic methods. The patent's priority claims, possibly overlapping with international filings (e.g., PCT applications), suggest an intent to secure global patent protection. Given South Korea’s vigorous patent office, insights into prior art, related patents, and family members are critical for assessing the patent’s strength in the patent landscape.
Scope of the Patent
Main Focus:
The patent generally covers a novel pharmaceutical composition, involving a specific active ingredient or combination thereof, combined with excipients or delivery systems that enhance stability, bioavailability, or therapeutic efficacy. Its scope extends to therapeutic methods applying the composition for treating particular diseases, such as metabolic, inflammatory, or oncological conditions.
Claims Overview:
The claims are structured into multiple categories, typically including:
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Composition Claims: Covering the drug formulation itself—detailing the active ingredient(s), concentration ranges, and excipients or delivery forms. For instance, claims may specify a particular dosage form like a sustained-release tablet or capsule containing a novel compound.
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Method Claims: Covering methods of manufacturing or administering the drug, including dosing regimens, routes of administration, or combination therapies.
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Use Claims: Encompassing specific therapeutic uses, such as treatment of a disease or condition with defined patient populations.
Claim Limitation and Scope:
The claims might be narrowly tailored to specific compounds, dosage units, or methods, with dependent claims adding further details, potentially narrowing the scope and impacting enforceability. Broader independent claims, if present, provide a significant strategic advantage, especially in litigations or licensing negotiations.
Claim Analysis
1. Composition Claims
The composition claims delineate a specific active pharmaceutical ingredient (API)—likely a chemically novel compound—or a unique combination. Claims specify the chemical structure, molecular features, or a pharmaceutically acceptable salt or ester.
Example:
"A pharmaceutical composition comprising [active compound] in an amount effective to treat [specific disease], with at least one pharmaceutically acceptable excipient."
These claims aim to secure exclusive rights over the specific chemical entity or its particular formulation.
2. Method of Manufacturing Claims
Manufacturing claims often focus on the unique synthesis process, purification steps, or formulation procedures that differentiate the invention from prior art. These are crucial if the composition itself is not novel, but the method produces unforeseen advantages.
3. Therapeutic Use Claims
Use claims specify the application of the composition in treating particular diseases or conditions. They often invoke the "second medical use" doctrine common in South Korean patent law and can extend patent protection to new indications.
Example:
"Use of compound X for preparing a medicament for the treatment of [disease]."
Patent Landscape and Strategic Positioning
Intra-family Patents and Related Applications:
The patent likely forms part of a broader family, incorporating parent or continuation applications filed in jurisdictions with harmonized patent systems, such as the PCT. It may also have counterparts in the US, Europe, and China, reflecting strategic international protection.
Competitor Patents and Prior Art:
In pharmacological spaces, overlapping claims commonly arise with earlier compositions or methods. The patent examination history would reveal references cited, including prior art patents, scientific publications, and known formulations. The novelty hinges on unique structural features, unexpected bioactivity, or improved pharmacokinetics.
Patents in the Same Technical Field:
The patent landscape probably contains multiple prior art references—both generic and specific—that delineate the limits of patentability. Competitors may hold patents on similar compounds, formulations, or uses, prompting detailed claim differentiation during prosecution.
Potential for Patent Citations and Litigation:
Given the compound or formulation’s therapeutic importance, the patent might face citations from subsequent patents or challenge proceedings. Its validity largely depends on patent novelty, inventive step, and sufficient disclosure.
Legal and Strategic Considerations
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Scope and Validity:
The specificity of claims influences enforceability. Narrow claims reduce infringement risk but may invite design-around strategies. Broader claims maximize protection but are more vulnerable during validity challenges.
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Freedom to Operate (FTO):
Conducting comprehensive landscape searches for similar patents is vital prior to development or commercialization. This patent’s positioning amidst prior art determines whether license negotiations or patent clearance is necessary.
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Expiration and Lapsed Rights:
The patent’s expiration date, expected around 2028 or 2029, impacts market entry timelines. Monitoring annuity payments and maintenance fee statuses is essential for maintaining patent rights.
Conclusion
KR20080024202 exemplifies targeted patent protection for a specific drug composition or method tailored toward therapeutic application. Its claims likely combine composition, manufacturing, and use aspects, offering broad coverage within a well-established patent landscape. Stakeholders must analyze the specific claim language, closely evaluate prior art, and consider international family counterparts for strategic planning.
Key Takeaways
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Claim Specificity Matters:
Precise claim drafting enhances enforceability and patent strength, especially when targeting competitive markets.
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Patent Landscape Analysis is Critical:
Identifying overlapping patents and prior art is essential for validating freedom-to-operate and avoiding infringement.
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International Family Considerations:
Cross-referencing related patent applications in other jurisdictions enhances global protection and licensing opportunities.
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Legal Vigilance:
Regularly monitor patent maintenance and potential oppositions to uphold patent rights.
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Strategic Value in Therapeutic Use Claims:
Use claims enable extension of protection to new therapeutic indications, providing additional strategic leverage.
FAQs
1. What is the scope of protection offered by KR20080024202?
It primarily protects a specific pharmaceutical composition, its manufacturing process, and its therapeutic use, with claims tailored to chemical composition, formulation, and medical application, depending on the detailed claim language.
2. Can the patent be challenged or invalidated?
Yes, if prior art or obviousness can be demonstrated, especially in prior art searches or validity challenges. The scope of claims and their novelty are critical to defended enforceability.
3. How does this patent relate to international patents?
It is likely part of an international patent family, with counterparts filed via PCT or direct applications in jurisdictions like the US, Europe, or China, enabling broader market protection.
4. What strategies should companies consider around this patent?
Review closely for potential infringement or licensing opportunities, analyze claim breadth for potential design-arounds, and monitor competing patents for possible conflicts.
5. When will this patent expire?
Typically, twenty years from the earliest filing date—around 2028—subject to maintenance fees and potential extensions in specific jurisdictions.
References
[1] South Korea Patent KR20080024202
[2] WIPO Patent Database, Patent Family and Priority Data
[3] Korean Intellectual Property Office (KIPO) Guidelines on Patent Examination
[4] Recent legal judgments and patent strategies in South Korea’s pharmaceutical sector
