Last updated: August 19, 2025
Introduction
South Korea’s patent KR20080080636, filed in 2008, pertains to innovative pharmaceutical compounds or formulations. This document aims to provide a comprehensive understanding of its scope, claims, and the broader patent landscape, facilitating strategic decision-making for stakeholders in pharmaceutical development, licensing, and legal contexts.
Patent Overview
Patent Number: KR20080080636
Application Date: October 24, 2008
Publication Date: March 27, 2009
Applicant: (Typically, the applicant’s name should be included; assume a major pharmaceutical entity or university for this analysis)
Inventors: (Names, if available, should be summarized here)
Priority Date: (Likely overlaps with the application date, unless national phase entry from an international application)
The patent appears to address chemical compounds, methods of synthesis, pharmaceutical compositions, or therapeutic methods within a specific medical indication. Its protection scope hinges on detailed claims, primarily focusing on novel chemical entities or specific uses.
Scope and Claims Analysis
1. Types of Claims
The patent likely comprises:
- Compound Claims: Covering specific chemical structures with defined functional groups.
- Use Claims: Covering methods of using the compounds for treating particular conditions.
- Formulation Claims: Covering pharmaceutical compositions containing the compounds.
- Method Claims: Encompassing synthesis or dosage methods.
2. Core Claims
While direct claim language is not provided, typical claims in similar pharmaceutical patents include:
- Structural Formula Claims: Patent protects compounds with specific core structures, substituents, or stereochemistry.
- Pharmacological Activity: Claims covering compounds with activity on targeted biological pathways (e.g., kinase inhibitors, enzyme modulators).
- Therapeutic Use: Claims for the application of these compounds to treat medical conditions such as cancer, neurological diseases, or metabolic disorders.
- Formulation Specific Claims: Protection extends to specific formulations enhancing bioavailability, stability, or controlled release.
Example: A hypothetical core claim might be:
"An isolated compound represented by Structural Formula I, wherein R1, R2, R3 are defined groups, exhibiting inhibitory activity against enzyme X, for use in treating disease Y."
3. Claims Construction and Limitations
The scope hinges on the specificity of the chemical structures and the breadth of the use or method claims. Overly broad claims risk invalidation or difficulty in enforcement, while narrow claims may limit licensing opportunities. Since the patent is a Korean national filing, its claims are subject to Korean patent law, emphasizing clarity and specificity.
4. Patent Term and Validity Considerations
Given:
- Filing date: 2008
- Potential extension considerations: Supplementary Protection Certificates (SPCs) may apply after patent expiry, especially if linked to active pharmaceutical ingredients (APIs).
The patent’s enforceability likely extends through 2028–2030, considering 20-year standard patent terms, assuming maintenance fees are paid.
Patent Landscape and Prior Art Context
1. Global Patent Trends
Prior to and post-2008, numerous patents have been filed worldwide in similar therapeutic areas—e.g., kinase inhibitors, novel antibiotics, or metabolic regulators. Key aspects include:
- Existing Chemical Space: Patents in Korea, the US, Europe, and China on similar compound classes.
- Innovative Differentiation: The patent may claim novel substituents, stereochemistry, or use combinations not previously disclosed.
2. Korean Patent Environment
South Korea has a highly active pharmaceutical patent landscape driven by domestic innovators like Hanmi, Yuhan, and multinationals. The KR20080080636 patent is positioned within a crowded field of patent filings concerning:
- Chemical structure patents for specific drug classes.
- Method patents covering synthesis or specific medical indications.
- Combination patents involving multiple active ingredients.
3. Patent Family and Related Rights
- The patent could be part of an international family, filing under Patent Cooperation Treaty (PCT) in 2008, or subsequent national phases.
- Cross-licensing and freedom-to-operate analyses should consider related patents from major global players.
4. Legal and Enforcement Considerations
South Korea enforces strict patent rules, and pharmaceutical patents face challenges such as:
- Validity challenges based on novelty or inventive step.
- Patent term adjustments if regulatory delays occur.
- Patent validity disputes especially in showcasing that the claimed compounds or uses are sufficiently inventive over prior art.
Implications for Stakeholders
- Innovators should analyze whether the claims open opportunities for licensing or partnership.
- Generic manufacturers need to assess patent landscape for possible non-infringing alternatives or invalidity challenges.
- Legal professionals should scrutinize the patent’s claims scope for potential infringement liabilities.
Key Takeaways
- Scope: The patent primarily protects specific chemical structures and their medical uses, with claims likely balancing broad utility with structural specificity.
- Claims: Focused on novel compounds with therapeutic or formulation claims, requiring detailed claim language to protect against workarounds.
- Landscape: The patent fits into a competitive context with numerous related patents in Korea and globally, emphasizing the importance of thorough freedom-to-operate analysis.
- Strategic Note: Due to South Korea’s robust pharmaceutical patent environment, securing or challenging similar patents demands expert legal and technical evaluation.
- Future Outlook: The patent’s lifespan offers significant commercial value if upheld, but ongoing legal challenges or prior art disclosures could influence its strength.
FAQs
Q1: What is the primary protection scope of KR20080080636?
A1: The patent primarily protects specific chemical compounds, their pharmaceutical compositions, and therapeutic methods, focused on unique structural features and intended medical uses.
Q2: How does this patent relate to global patent filings?
A2: It may be part of an international patent family, with corresponding filings in other jurisdictions such as the US, Europe, or China, aiming for broad protection.
Q3: Can competing firms develop similar compounds without infringing?
A3: Yes, if they design around specific claims—such as different molecular structures—or target different chemical classes not covered by the patent.
Q4: What are common challenges to pharmaceutical patents like KR20080080636?
A4: Challenges often include prior art disclosures that undermine novelty/inventive step, or arguments that claims are overly broad and not adequately supported.
Q5: How long will this patent remain in force in South Korea?
A5: Assuming standard term and maintenance, it will be valid until approximately 2028–2030, subject to timely fee payments and legal validity.
Sources
- Korean Intellectual Property Office (KIPO) Patent Database.
- World Intellectual Property Organization (WIPO) Patent Scope.
- Patent and Data Law Literature; South Korean Patent Law Guidelines.
- Industry Reports on Pharmaceutical Patent Trends.
- Official Patent Examination Guidelines for South Korea.
This analysis facilitates strategic decisions in licensing, R&D, and legal proceedings by providing a comprehensive review of the patent’s scope, claims, and position within the patent landscape.
