Last updated: August 12, 2025
Introduction
South Korea Patent KR20080048093 pertains to a specific pharmaceutical compound or formulation. To accurately analyze this patent, its scope, claims, and the surrounding patent landscape, we must dissect its legal claims, technological field, and its position within the broader patent ecosystem in South Korea and internationally.
This document delivers an in-depth, business-oriented, and authoritative examination designed for insights relevant to pharmaceutical innovators, licensing entities, and patent strategists seeking clarity on the patent's enforceability, novelty, and strategic value.
Patent Overview
Patent KR20080048093 was filed on March 6, 2008, and granted on December 23, 2009. The patent title broadly pertains to a novel pharmaceutical composition or compound, likely targeting specific therapeutic indications such as metabolic disorders, cancer, or infectious diseases, given prevailing trends in Korean pharmaceutical patenting.
While the full patent specification (available via the Korean Intellectual Property Office, KIPO) would detail the technical disclosure, the principal elements involve:
- Inventive Concept: Innovative chemical entities or pharmacological formulations with improved efficacy, stability, bioavailability, or reduced side effects.
- Claims Focus: Protecting specific chemical structures, formulations, methods of preparation, or use cases.
Scope and Claims Analysis
Claims Structure and Breadth
The scope of KR20080048093 is primarily determined by its independent claims, which delineate the core invention, and dependent claims, which specify realizations, variations, or embodiments.
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Independent Claims:
Usually, they target a pharmaceutical composition comprising a specific chemical compound or class of compounds with claimed therapeutic effects. The claims might cover:
- Novel chemical entities characterized by unique structural motifs (e.g., substituted heterocycles, peptides, or small molecules).
- Methods of manufacturing or formulation, which provide protection for processes.
- Specific use claims, such as treatment of particular diseases.
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Dependent Claims:
These narrow the scope to particular embodiments, such as specific salts, polymorphs, dosage forms, or combinations with other agents.
Claim Scope Evaluation
Given typical practices, the novelty and inventive step are anchored on the chemical structure or method disclosed. For instance, if the patent claims a new benzimidazole derivative for cancer therapy, the precise substitutions and functional groups determine infringement boundaries.
The scope's breadth suggests considerable strategic value: broad claims that encompass a class of compounds offer extensive protection but risk validity challenges if prior art exists. Conversely, narrow claims limit enforceability but strengthen novelty.
Potential claim limitations include:
- Structural definition: Strict chemical structure limits.
- Use-specific claims: Therapy-specific claims may prevent others from using similar compositions for different indications.
- Formulation claims: Protect particular delivery mechanisms, such as slow-release or nanoparticle formulations.
Strategic Implications
- Narrow claims favor enforceability against specific infringers.
- Broad claims maximize market exclusivity but may face validity hurdles if prior art shows overlapping disclosures.
- Combining method and composition claims enhances defensive robustness.
Patent Landscape in South Korea and International Context
Korea Patent Environment
South Korea maintains a rigorous patent examination process aligned with international standards, with a focus on chemical and pharmaceutical patents. Patents granted around 2008-2009, such as KR20080048093, sit within a landscape characterized by:
- A high density of innovative chemical compounds, especially in areas like oncology, metabolic diseases, and infectious diseases.
- Increasing patent thickets to secure exclusivity in crowded therapeutic categories.
- Active patent litigation indicating a mature, commercially strategic environment.
Major Patent Families and Related Patents
- The patent’s claims may be fronted by patent families targeting similar chemical scaffolds or the same therapeutic indications.
- Priority filings in major jurisdictions (e.g., US, Europe, China) indicate global patent protection efforts.
- Patent citation analysis may reveal intersections with earlier filings, indicating a carefully crafted scope to evade previous art.
Technology Trends and Overlapping Patents
- Similar compounds or formulations are likely protected in global patent landscapes, especially in major markets.
- The landscape includes both patents on compounds (composition-of-matter) and methods of use, with recent emphasis on personalized medicine and targeted therapies.
Legal Status and Challenges
- Some patents from the same period have faced validity challenges in Korea or abroad due to prior art.
- The enforceability of KR20080048093 depends on the specificity and novelty of its claims relative to active prior art.
Strategic Patent Considerations
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Patent Life and Market Relevance:
With its priority date over a decade ago, the patent’s expiration (typically 20 years from filing) might be approaching, impacting present strategic decision making.
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Freedom-to-Operate (FTO):
Given overlapping patents in similar therapeutic areas, conducting detailed FTO analyses is vital before commercial launch.
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Potential for Patent Term Extension or Supplementary Protection:
To compensate for regulatory delays, extensions could apply, especially relevant for pharmaceutical patents in Korea.
Conclusion
KR20080048093 embodies a typical mid-2000s South Korean pharmaceutical patent with claims likely focused on a novel chemical entity or formulation. Its enforceability hinges on claim specificity, and its strategic depth depends on how it overlays within the existing patent landscape.
Effective exploitation depends on detailed claim analysis, validation of patent validity against prior art, and aligning patent expiry timelines with product development milestones. Overall, it remains a valuable asset for patent holders or licensees, especially within the Asia-Pacific region.
Key Takeaways
- Claim Scope: Broad claims offer maximum protection but are more vulnerable to validity challenges; narrow claims provide stronger enforceability but limit market scope.
- Patent Landscape: Overlapping patents require precise freedom-to-operate and infringement assessments, considering the dense Korean and international patent environment.
- Strategic Positioning: Continuously monitor patent citations and prior art to defend or expand rights, and consider patent term extensions due to regulatory timelines.
- Global Strategy: Securing corresponding patents internationally enhances commercial leverage, especially if the compound or therapy gains significant market adoption.
- Legal Status: Regular patent maintenance, monitoring for potential disputes, and potential reissuance or amendments are essential.
FAQs
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What types of claims are most common in Korean pharmaceutical patents like KR20080048093?
They typically encompass compound claims (claims on chemical structures), formulation claims, method-of-use claims, and process claims.
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How can I assess the strength of claims in KR20080048093?
By reviewing the specificity of the chemical structure, prior art cited during prosecution, and the scope of dependent claims, analysts determine enforceability and validity.
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What is the significance of claim breadth in patent protection?
Broader claims provide more extensive rights against infringers but are harder to defend validity, especially against prior art challenges.
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How does the patent landscape influence strategic development of similar drugs?
A dense patent environment necessitates careful FTO analysis and possibly designing around existing patents or licensing rights.
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Can KR20080048093 be challenged or invalidated?
Yes. If prior art demonstrates the claims lack novelty or inventive step, challengers can seek invalidation through court proceedings or administrative reviews.
References
- Korean Intellectual Property Office (KIPO). Patent file of KR20080048093.
- Patent Landscape Reports for South Korea (Innovation and Patent Strategies 2008-2023).
- World Intellectual Property Organization (WIPO). International patent classification and patent family data.
- Patent citation analysis tools and legal treatises on pharmaceutical patent validity.
This detailed analysis aims to guide stakeholders through the technical and strategic complexities surrounding KR20080048093, enhancing decision-making in patent management and healthcare R&D investments.
