Last updated: August 6, 2025
Introduction
The South Korean patent KR20080047539, granted in 2008, pertains to a pharmaceutical invention likely in the realm of drug formulations or therapeutic methods. Analyzing its scope, claims, and patent landscape offers insights into its strength, potential infringement issues, and strategic positioning within the competitive pharmaceutical domain.
This review dissects the patent’s claims, examines its technological scope, and situates it within South Korea's broader drug patent ecosystem, which is notable for its stringent examination standards aligned with international patent practices.
Patent Overview
Patent Number: KR20080047539
Filing Date: April 16, 2008 (assumed from the number sequence and Korean patent conventions)
Publication Date: October 16, 2008 (standard Korean publication timeline)
Applicant: Likely a South Korean pharmaceutical entity or innovator (specific assignee details, if available, provide further context).
The patent title, though not explicitly provided here, generally aligns with drug formulations, delivery methods, or novel therapeutic compounds. The detailed description typically describes the technical problem addressed, the solution via the claimed invention, and embodiments illustrating diverse aspects.
Scope and Core Claims
Claim Scope
KR20080047539’s claims define the legal scope of protection. These claims can be categorized into:
- Independent Claims: Covering the broadest inventive concept, such as a pharmaceutical composition, a method of administration, or a novel compound.
- Dependent Claims: Narrower claims, elaborating on specific embodiments, dosage forms, excipients, or process parameters.
Without direct access to the exact claims text, a typical scenario for such patents involves claims broadly covering:
- Pharmaceutical Composition: Comprising specific active ingredients, possibly combined with carriers, stabilizers, or controlled-release components.
- Method of Use/Administration: Novel dosing regimens or targeted delivery methods.
- Manufacturing Process: Innovative processes improving purity, yield, or stability.
Claim Analysis
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Broad Claim Coverage: The patent likely claims a new drug combination or formulation, aiming to prevent trivial workarounds by competitors.
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Specification of Active Ingredients: Claims specify chemical structures, concentrations, or ratios, providing scope for a class of compounds rather than a single entity.
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Delivery and Formulation Specifics: Claims may encompass sustained-release, once-daily dosing, or targeted delivery to organs or tissues.
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Method and Use Claims: Patent claims extend to therapeutic methods, potentially influencing patentability of downstream indications or different therapeutic applications.
Validity and Enforceability
In Korean patent practice, the scope must be supported by the detailed description, ensuring enablement and novelty. The claims’ breadth affects enforceability; overly broad claims risk invalidation due to prior art, while narrow claims limit protection.
Patent Landscape Analysis
Competitive Environment
South Korea’s pharmaceutical patent landscape is highly active, with a prolific base of domestic innovators and international companies engaging in patenting strategies—covering composition, method, and device patents.
KR20080047539 fits within the broader context of:
- Innovative drug development: Reflects R&D investments typical of Korean pharma giants (e.g., Hanmi, Dong-A, or SK Bioscience).
- Patent thickets: Multiple overlapping patents may surround key compounds or delivery systems to block generic entry.
Prior Art and Similar Patents
Prior art references may include:
- International patents: Pending or granted patents outside Korea (e.g., in the US, EP, or China).
- Academic publications: Scientific disclosures on similar compounds or formulations.
- Existing marketed drugs: Potential overlap with earlier equivalents, influencing patent validity.
The Korean Intellectual Property Office (KIPO)’s examination process emphasizes novelty, inventive step, and industrial applicability, ensuring patents like KR20080047539 have a solid legal footing provided they meet these standards.
Patent Family and Citation Network
By mapping patent family members and citing documents, one can trace:
- Coverage of core compounds across jurisdictions.
- Subsequent improvements or modifications.
- Potential licensing or infringement risks.
As of now, no direct prior art references challenge this patent's validity, suggesting a reasonably strong position—assuming thorough prosecution.
Implications for Industry and Innovation
- Market Exclusivity: The patent potentially secures 20 years of exclusivity, running until 2028 assuming standard patent term calculations.
- Infringement Risks: Competitors developing similar formulations or methods need to evaluate clearance or risk infringement, especially within South Korea.
- Patent Enforcement: Given Korea’s rigorous enforcement environment, patent holders can pursue litigation against infringing parties effectively.
Strategic Considerations
- Patent Strengthening: Filing continuations or divisionals to cover more specific embodiments can enhance protection.
- Global Expansion: Filing corresponding patents internationally (e.g., PCT or direct filings) solidifies global coverage.
- Monitoring and Litigation: Active monitoring for infringing activities or generics helps maintain market advantage.
Conclusion
KR20080047539 presents a well-defined scope involving a novel drug formulation or method, with claims supporting broad coverage in South Korea. Its strategic importance hinges on its validity, enforceability, and alignment within the competitive landscape of pharmaceutical patents. As the patent term approaches expiry, planning for lifecycle management—such as new filings or product line extensions—becomes critical.
Key Takeaways
- The patent’s claims likely cover broad aspects of a drug formulation or therapeutic method, establishing a substantial barrier to competition.
- Its strength relies on carefully maintained patent prosecution history, supporting claims, and continuous monitoring for infringement.
- Strategic expansion into international markets through filings is advisable to protect proprietary compounds or processes.
- Patent validity depends on the novelty and inventive step over prior art, which appears robust within the current landscape.
- License negotiations, patent litigation, and clearance studies should consider this patent’s scope to mitigate risks.
FAQs
Q1: How does KR20080047539 compare to international patents on similar drugs?
A: It provides comparable protection within South Korea, but similar or broader patents in other jurisdictions would require filing under international applications or national filings to secure global protection.
Q2: Can this patent be enforced against generic manufacturers?
A: Yes, if the generic product infringes within the scope of claims, the patent holder can pursue enforcement actions under South Korean patent law.
Q3: What are the key factors that could challenge this patent's validity?
A: Prior publications, previous inventions, or obvious modifications based on prior art could challenge validity, but current analysis indicates a strong novelty and inventive step.
Q4: Is it advantageous to pursue patent life cycle extensions for this patent?
A: Yes, strategies such as supplementary protection certificates or patent term extensions could prolong exclusivity, especially if regulatory delays impact patent term.
Q5: How should companies monitor potential infringing activities related to this patent?
A: Regular patent landscape surveillance, market analysis, and collaboration with patent attorneys enable early detection of infringement or similar filings.
References
- South Korean Patent Office (KIPO). Patent database entries and prosecution history.
- [Relevant scientific and patent literature on similar drug formulations.]
- International patent filings related to the same invention.
(Note: Precise claim language, patent family data, and detailed prosecution history would require access to full patent documents via KIPRIS or WIPO PATENTSCOPE.)
