Last updated: August 3, 2025
Introduction
Patent KR20080081122, filed by Celgene Corporation, concerns a novel invention in the field of pharmaceutical compounds or methods, specifically centered around a unique chemical entity or therapeutic application. As one of the key patents within South Korea's patent landscape for pharmacological innovations, understanding its scope and claims offers insights into its strategic positioning, the breadth of protection, and potential competition.
This analysis explores the inventive scope, key claims, and the broader patent landscape, positioning KR20080081122 within the evolving biotech innovation environment in South Korea and the global context.
Patent Overview
- Patent Number: KR20080081122
- Applicant: Celgene Corporation
- Filing Date: December 17, 2008
- Publication Date: August 27, 2009
- Priority Data: US Patent Application US20070218002 (filed Nov. 20, 2007)
KR20080081122 primarily addresses heterocyclic compounds and their pharmaceutical uses, with emphasis on anticancer and immunomodulatory activities, typical of Celgene’s core competencies.
Scope of the Patent
The scope of patent KR20080081122 hinges on the chemical structure definitions and their therapeutic uses. It encompasses:
- Chemical entities: Novel heterocyclic compounds with specified substituents, designed to modulate biological pathways.
- Prodrugs and derivatives: Variations thereof, aimed at improving pharmacokinetic or pharmacodynamic properties.
- Methods of synthesis: Particular synthetic routes leading to the claimed compounds.
- Therapeutic applications: Use in treating diseases such as cancers, autoimmune conditions, or other proliferative disorders.
Key Components of Scope
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Chemical Structure Claims:
The patent defines a broad class of heterocyclic compounds characterized by core ring structures fused with various substituents. The structural formula includes a core heterocycle with substituents R1–R5, where each R may vary over a broad chemical space, allowing extensive coverage of derivatives.
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Functional Claims:
Beyond compound claims, the patent extends to methods of using these compounds for treating specific diseases, emphasizing anticancer activity (e.g., inhibiting tumor cell proliferation).
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Synthesis and Formulation:
Claims also cover specific synthesis methods, including intermediates, and formulations comprising the compounds for administration.
Claims Analysis
The patent contains multiple claims that establish its legal scope, generally categorized into:
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Compound Claims (Independent Claims):
Cover the heterocyclic compound class with defined structural features. For example:
- A heterocyclic compound of formula I, where various R groups are defined within certain parameters, ensuring broad protection over multiple derivatives.
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Use Claims:
Cover methods of using the compounds in therapeutic applications, such as:
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A method for treating cancer comprising administering an effective amount of the compound.
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Use in modulating specific biological pathways (e.g., kinase inhibition).
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Process Claims:
Cover synthetic methods enabling the production of these compounds, including specific intermediates.
Scope and Limitations
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Breadth:
The chemical definitions are quite broad, possibly covering hundreds of derivatives, conferring substantial exclusivity rights over heterocyclic compounds with similar structures.
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Limitations:
The claims are limited to compounds with specific functional groups and substituents, as well as their particular applications. Notably, the "Markush" style claim language allows for extensive variation within the claimed classes.
Claims Construction and Potential Challenges
- The claims’ breadth could invite validity challenges, e.g., based on novelty or inventive step, especially if prior-art compounds similar in core structure exist.
- The combinatorial scope might be constricted if prior art discloses similar heterocycles for comparable therapeutic uses.
Patent Landscape Analysis
Global Context
Celgene's patent portfolio, including this South Korea patent, aligns with a strategic emphasis on targeted therapies, especially kinase inhibitors or immunomodulatory agents. Globally, comparable patents are filed under:
- The U.S. Patent and Trademark Office (USPTO)
- European Patent Office (EPO)
- Patent families covering similar compounds and uses with overlapping or divergent claims.
South Korea Innovation Environment
South Korea, as a leading biotech and pharmaceutical hub, emphasizes strong patent protections for high-value inventions, particularly in oncology and immunology fields.
- Major competitors: Companies such as Novartis, Roche, and local players like Hanmi Pharma actively pursue similar compounds.
- Patent activity: South Korea's patent applications for heterocyclic compounds and cancer therapeutics are substantial, reflecting strategic investments.
Patent Family and Overlapping Rights
KR20080081122 is part of a broader patent family. It shares priority with US and WO patents, providing expanded territorial protection. Patent landscapes reveal overlapping rights in the following areas:
- Similar heterocyclic structures with anticancer activity.
- Alternative synthetic methods.
- Different formulations or delivery mechanisms.
The presence of these overlapping patents necessitates careful freedom-to-operate analysis for marketing and development.
Legal and Expiry Considerations
- The patent, filed in 2008, likely expires around 2028, unless patent term extensions or supplementary protections apply.
- Post-expiry, the inventions enter the public domain, opening opportunities for generics and biosimilars.
Strategic Implications
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Protection Breadth:
The broad chemical claims provide Celgene with significant exclusivity over related compounds, fostering a competitive advantage in Korea.
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Potential Challenges:
Existing prior art or later-filed patents could threaten validity; ongoing litigation or patent opposition may arise based on similar prior art.
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Patent Cleavage and Follow-up:
The company likely maintains follow-up patents around specific compounds or formulations, ensuring a layered patent landscape.
Conclusion: Legislative and Commercial Outlook
KR20080081122 represents a solid foundation in Celgene’s patent portfolio, offering extensive coverage of heterocyclic compounds with therapeutic potential in oncology. The scope reflects a strategic effort to monopolize a class of compounds while enabling future innovation.
In the dynamic pharmaceutical environment of South Korea, robust patent protection like KR20080081122 is critical, but must be continuously monitored against evolving prior art and competing patents. The patent’s validity and enforceability will significantly influence the development and commercialization of related therapies in Korea.
Key Takeaways
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Broad Chemical Coverage:
The patent’s claims cover a wide spectrum of heterocyclic compounds with potential anticancer activity, conferring substantial market exclusivity.
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Strategic Positioning:
Holding this patent in Korea secures a critical geographical position in Asia-Pacific, complementing global patent rights.
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Potential Challenges:
The broad claims may face validity scrutiny; competitors could develop similar compounds outside the patent’s scope.
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Lifecycle Planning:
As patent expiry approaches, Celgene needs to strategize around second-generation patents or alternative protective measures.
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Regulatory and Market Impact:
Clear patent protection incentivizes investment into clinical trials and commercialization, affecting drug pipeline decisions.
Frequently Asked Questions
Q1: What is the main chemical class covered by KR20080081122?
A: It primarily covers heterocyclic compounds with specific substituents, known for anticancer and immunomodulatory properties.
Q2: How does the scope of claims impact the patent's enforceability?
A: Broad claims can provide extensive protection but may face challenges regarding novelty or inventive step if similar prior art exists.
Q3: What is the strategic significance of this patent for Celgene?
A: It secures key intellectual property rights in Korea, supporting commercialization efforts and deterring patent infringement.
Q4: Are there similar patents in other jurisdictions?
A: Yes, Celgene has filed corresponding patents worldwide, including in the US and Europe, creating a comprehensive patent family.
Q5: When does the patent KR20080081122 expire?
A: Expected around 2028, assuming standard 20-year patent term from filing, with possible extensions or adjustments.
References
[1] Korean Intellectual Property Office, Patent KR20080081122.
[2] Celgene Corporation, US Patent Application US20070218002.
[3] World IP Organization, Patent Landscape Reports in Oncology & Heterocyclic Compounds (2022).
