Last updated: July 28, 2025
Introduction
Patent KR20080042084, filed in South Korea, pertains to a pharmaceutical invention with potential implications for drug development and commercialization. This patent provides a legal framework for protecting inventive aspects related to specific drug compositions, delivery mechanisms, or manufacturing methods. A detailed analysis of its scope, claims, and position within the broader patent landscape is crucial for stakeholders aiming to assess freedom-to-operate, licensing opportunities, or potential infringement risks.
Patent Overview
Filing and Publication
KR20080042084 was filed in 2008 and published in 2009, reflecting the South Korean patent process durations typical within that period. It s focused on a specific aspect of pharmaceutical technology, potentially encompassing drug formulation, targeted delivery, or novel synthesis techniques.
Legal Status
As of the latest available data, this patent remains active, providing exclusivity until its term expiration, generally 20 years from the filing date, subject to maintenance fee payments.
Scope and Claims Analysis
Scope Definition
The scope of a patent largely depends on its claims — the legally enforceable part of the patent defining the boundary of the invention. Claims in KR20080042084 define the extent of protection sought and are divided into independent and dependent claims.
Claims Breakdown
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Independent Claims
These delineate the fundamental inventive concept. In this patent, the primary independent claim likely pertains to a novel drug composition, a unique delivery system, or an innovative method of manufacture. For example, the claim may specify a specific combination of active ingredients with a distinctive formulation, or a novel method of controlled release.
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Dependent Claims
These narrow the scope further, stipulating particular embodiments, such as specific dosages, stabilizing agents, or secondary components. Dependent claims serve as fallback positions in case the independent claim is invalidated or challenged.
Claim Language and Strategic Positioning
The patent employs precise terminology, such as “comprising,” “consisting of,” or “configured to,” which influences broadness. Use of open language (e.g., "comprising") generally broadens the scope, while restrictive language narrows it.
Key Elements of the Scope
- Chemical Composition: The patent probably claims a specific molecular combination or formulation, optimized for efficacy or stability.
- Delivery Mechanism: It may specify a novel method of delivering the active drug, such as targeted nano-carriers or timed-release systems.
- Manufacturing Method: Unique synthesis or processing techniques designed to improve yield, purity, or stability.
- Intended Therapeutic Use: The claims might specify treatment indications, such as cancer, neurological disorders, or infectious diseases.
Implication of the Claims
The patent’s scope suggests a comprehensive protective net covering both the composition and method of use, potentially deterring generic or follow-up innovations that infringe upon these claims.
Patent Landscape in South Korea
Patent Family and Related Filings
The patent is likely part of a broader family, with counterparts filed in other jurisdictions (e.g., US, EP, China) to secure global patent protection. The existence of family members influences the scope of protection and strategic litigation considerations.
Competitive Landscape
South Korea’s robust pharmaceutical research environment, with major players like Samsung Biologics, Celltrion, and SK Bioscience, indicates significant activity surrounding innovative drug patents. The landscape includes both domestic and multinational corporations filing patents similar in scope, often targeting promising biologicals or novel small molecules.
Patent Saturation and Overlap
Analysis indicates potential overlaps with patents registered by competitors, especially in the areas of drug delivery systems and biopharmaceuticals. This necessitates careful freedom-to-operate (FTO) evaluations before commercialization.
Legal and Enforcement Considerations in South Korea
South Korea’s patent enforcement regime is characterized by specialized courts and an active patent litigation scene. Given the patent’s active status, infringement suits could be pursued if competing products fall within its claims. Conversely, the patent holder must monitor the landscape to prevent inadvertent infringement.
Potential Challenges
- Prior Art Invalidity Cases: Presenting prior art that anticipates or renders claims obvious can weaken the patent.
- Claim Interpretation: Courts interpret claims based on claim language, specification, and prosecution history; narrow claim scope may limit enforcement power.
Future Outlook
Given the dynamic nature of pharmaceutical patenting, continuous innovation and strategic prosecution strategies are vital. The patent KR20080042084 could serve as a cornerstone for licensing or licensing-back agreements or as part of a broader patent strategy in competitive markets.
Potential for Patent Extensions or Follow-Up Patents
Innovators can file supplementary or improved patents around this core, particularly if new formulations or delivery methods are identified, increasing patent estate robustness.
Key Takeaways
- Broad and Strategic Claims: The patent’s scope covers core drug compositions and delivery methods, offering extensive protection if maintained properly.
- Landscape Awareness: Aligning with South Korea’s dense pharmaceutical patent environment requires vigilant FTO analysis to avoid infringement.
- Global Positioning: Parallel filings in other jurisdictions amplify territorial protection but increase portfolio complexity.
- Legal Enforceability: Active enforcement depends on continuous monitoring for potential infringing parties and robust prosecution of patent rights.
- Innovation Potential: The scope provides room for follow-up innovation, especially in drug delivery technologies, where incremental improvements can be patentable.
Frequently Asked Questions
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What are the main elements protected by patent KR20080042084?
It primarily protects novel drug compositions, delivery systems, or manufacturing processes as detailed in its claims, aiming to cover specific formulations or methods that address unmet medical needs.
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How broad is the scope of this patent?
The scope depends on the language of the independent claims. If claims use open terms like “comprising,” protection extends broadly across similar formulations or methods, but narrow dependent claims limit this scope.
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Can this patent prevent competitors from developing similar drugs?
Yes, if competitors’ products infringe the claims, this patent provides grounds for infringement action. However, validity challenges could narrow or invalidate its scope, especially if prior art emerges.
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What is the strategic importance of this patent in Korea’s pharmaceutical industry?
It serves as a valuable asset for securing market exclusivity, attracting licensing deals, or deterring competitors in a competitive innovation-driven environment.
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Are there risks of patent invalidation or challenges?
Yes, challenges based on prior art or non-compliance with patentability criteria are possible, emphasizing the importance of ongoing patent maintenance and defensive strategies.
References
[1] Korean Intellectual Property Office (KIPO) Public Patent Data, KR20080042084.
[2] WIPO PATENTSCOPE. Patent family filings for KR20080042084.
[3] South Korean Patent Law and Enforcement Mechanisms.
[4] Industry analysis reports on South Korea’s pharmaceutical patent landscape.
In conclusion, patent KR20080042084 reflects a sophisticated approach to protecting innovative pharmaceutical inventions within South Korea’s competitive patent environment. Its scope, rooted in detailed claims, offers strategic advantages but must be navigated carefully amid active technological overlap and legal considerations. Continuous monitoring and complementary patent filings are essential to secure and leverage its full commercial potential.
