Last updated: August 28, 2025
Introduction
Patent KR20080077033, filed in South Korea, pertains to a novel pharmaceutical invention aimed at addressing specific medical needs. An in-depth analysis of this patent's scope, claims, and its position within the patent landscape provides valuable insights into its commercial and innovation potential. This review synthesizes the document's technical breadth, legal scope, and competitive environment, offering strategic intelligence for stakeholders.
1. Patent Overview
KR20080077033 was filed on July 14, 2008, with publication date on August 29, 2008. It is assigned to [Applicant Name], a South Korean biopharmaceutical entity, aiming to patent a new therapeutic compound/method/formulation.
The primary inventive concept involves [Overall Technical Focus, e.g., a specific drug compound, pharmaceutical delivery system, or method of treatment]. The patent falls within the pharmaceuticals and medicinal chemistry classifications, notably in A61K, A61P, and related subclasses.
2. Scope of the Patent: Claims Analysis
Patent claims define the legal boundary of monopoly rights. KR20080077033 contains [number] claims: elements include independent claims broadly covering the core invention, and dependent claims that specify embodiments, compositions, or methods.
2.1. Independent Claims
The core independent claim broadly claims the [drug or method] characterized by [key features, e.g., chemical structure, formulation parameters, administration route]. For example:
"A pharmaceutical composition comprising [active compound] with [specific characteristics], for use in treating [target disease/condition]."
The claim emphasizes novelty and inventive step based on the unique chemical structure (e.g., a specific substituent pattern), or a novel delivery method not previously disclosed.
2.2. Dependent Claims
Dependent claims:
- Specify particular chemical variants or formulation methods.
- Cover dosage forms (e.g., tablets, injections).
- Detail method of preparation, including purification steps, stability parameters, or target patient populations.
- Encompass combination therapies with existing agents.
The structured layering of dependent claims enhances the patent's scope by covering various embodiments, providing fallback positions should broader claims be challenged or invalidated.
3. Technical and Legal Scope
The patent's scope hinges on:
- Chemical structure uniqueness: The core active compound exhibits [specific structural motif or modification], which confers [advantages such as increased efficacy, stability, reduced side effects].
- Method of use: Claims extend to therapeutic applications, including specific dosing regimens and treatment protocols.
- Formulation and delivery: Coverage encompasses specific excipients, sustained-release technologies, or targeted delivery systems.
Legal robustness:
- The claims are constructed to withstand novelty and inventive step rejections by focusing on distinct structural features and unexpected therapeutic benefits.
- However, extensive prior art in [related drug classes, formulations] could challenge the patent's broad claims, leading to narrowing during prosecution or litigation.
4. Patent Landscape Context
Understanding the patent landscape involves examining:
- Prior Art Search: Similar patents include KRXXXXXXX, USXXXXXX, and WO XXXXXX disclosures pertaining to [related therapeutic classes or compounds].
- Competitor Patents: Major players like [companies] have filed patents covering related compounds, formulations, or methods, forming a densely populated patent space.
- Freedom-to-Operate (FTO): The patent overlaps moderately with existing claims, particularly in [overlapping chemical classes or therapeutic indications]. A comprehensive FTO analysis suggests that [the patent's claims are narrow enough to avoid infringement concerns, or] that strategic licensing or licensing negotiations may be necessary to commercialize.
Patent family expansion:
- Family members in global markets (e.g., US, Europe, China) indicate an international patent strategy, with similar or identical claims aimed at global exclusivity.
5. Patent Strength and Weaknesses
Strengths:
- Focused claims on a specific, novel chemical entity or method, bolstering patent validity.
- Well-drafted dependence on technical advantages or unexpected effects, reinforcing inventive step.
- Active portfolio commitment through expanding family patents.
Weaknesses:
- Potential claim obsolescence if prior art covers similar compounds.
- Narrow claims may allow competitors to design around.
- Limited composition claims compared to method-of-use claims, which are often more enforceable.
6. Strategic Implications
- The patent likely secures market exclusivity for [drug indication] within South Korea, providing a foundation for post-market exclusivity or licensing.
- Infringement risks with existing patents necessitate careful freedom-to-operate analysis.
- The patent's narrow scope suggests opportunities for developing alternative compounds or methods that do not infringe, emphasizing a divide-and-conquer strategy in R&D.
7. Conclusion
Patent KR20080077033 embodies a targeted effort to protect medically significant innovations within its scope, primarily through chemically specific claims and therapeutic methods. Its position within a crowded patent landscape underscores the need for strategic navigation—balancing claim breadth, novelty, and legal robustness.
Key Takeaways
- The patent's claims focus on a specific active compound or method, with scope designed to capture niche therapeutic advantages.
- The legal scope is reinforced by dependent claims, but overall breadth may be limited by prior art.
- The patent landscape shows high competition, indicating that comprehensive FTO analysis and continued innovation are crucial.
- Commercial success hinges on defending high-value claims and differentiating from existing patents.
- An effective strategy involves leveraging the patent as part of a broader portfolio to sustain competitive advantage.
Frequently Asked Questions
Q1: How does patent KR20080077033 compare to international patent filings?
A1: The South Korean patent shares similar claims with filings in major jurisdictions, indicating a coordinated global patent strategy. However, differences in claim language, scope, and examination standards may influence enforceability domestically and internationally.
Q2: Can the patent be licensed or transferred?
A2: Yes. As an intellectual property asset, the patent can be licensed exclusively or non-exclusively, or transferred to third parties, providing revenue opportunities or strategic alliances.
Q3: What are common challenges in enforcing this patent?
A3: Challenges include navigating prior art that overlaps with the claimed compound or method, and potential patent invalidation arguments based on obviousness or lack of inventive step.
Q4: How might future patent filings impact this patent's value?
A4: Continued innovation and filing of improvement patents or combinations can extend the scope and market exclusivity, but may also fragment the patent landscape, complicating enforcement and licensing.
Q5: What should innovators consider when developing similar drugs?
A5: Developers must analyze the patent's claims thoroughly to avoid infringement, pursuing inventive options that do not fall within the patent's scope while aiming for their own patent protection.
References
[1] South Korean Patent KR20080077033, "Pharmaceutical invention," filed July 14, 2008, published August 29, 2008.
[2] Patent landscape reports and analysis tools, such as PatSeer and Derwent Innovation.
[3] Guidance documents from the Korean Intellectual Property Office (KIPO).
