Last updated: August 3, 2025
Introduction
South Korean patent KR20080090491, filed by a pharmaceutical innovator, encapsulates a specific therapeutic or pharmaceutical composition. This patent provides insights into the scope of protection sought by the applicant, the breadth of claims, and its position within the larger patent landscape. Such analysis is critical for businesses seeking to navigate patent rights, enforce claims, or explore licensing opportunities within South Korea and beyond.
Patent Overview and Technical Field
KR20080090491 pertains to a novel pharmaceutical formulation or method that addresses a specific medical condition, potentially related to treatment, prevention, or diagnosis. While the patent document's precise technical disclosure is necessary for detailed comprehension, typical claims in pharmaceutical patents cover active compounds, formulation compositions, manufacturing processes, and therapeutic methods.
The patent's focal point belongs to the domain of [insert specific therapeutic class], such as anticancer agents, antiviral compounds, or neuroprotective drugs. The patent aims to establish exclusive rights over a specific chemical entity, its derivatives, or a method of producing or administering the said compound.
Scope of the Claims
Claims Construction and Hierarchy
The claims in KR20080090491 can be classified into three categories:
- Independent Claims: These define the broadest scope of the invention, generally covering a novel active ingredient, composition, or method.
- Dependent Claims: These specify particular embodiments, such as specific dosages, formulations, or methods of use, narrowing the scope for particular applications.
- Method Claims: Cover specific procedures for making or administering the pharmaceutical composition.
Analysis of Key Claims
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Broad Claim Coverage: The primary independent claim likely encompasses a chemical entity or a composition comprising a compound with a defined chemical structure. For example:
"A pharmaceutical composition comprising compound X or a pharmaceutically acceptable salt thereof, for use in treating condition Y."
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Dependent Claim Specificities: These claims might specify concentration ranges, administration routes, or particular combinations, such as:
"The composition of claim 1, wherein the compound is administered orally."
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Method Claims: Covering processes for synthesizing the compound or methods of therapeutic application, enhancing the patent’s enforceability.
Scope and Limitations
The scope is designed to balance broad coverage to prevent competitors' circumvention with sufficient specificity to meet patentability criteria. The claims’ language likely employs terms such as “comprising,” which allows for additional components or steps, broadening protection.
Potential Limitations:
- Overly broad claims risk invalidation if prior art demonstrates overlapping disclosures.
- Narrow claims restrict enforcement but provide stronger validity, especially if the inventive feature is well-defined.
Patent Landscape and Related Art
Legal and Competitive Context
South Korea’s strong pharmaceutical IP environment is characterized by active patent filings, with key players including domestic firms like Samsung BioLogics, and multinationals such as Pfizer or Novartis. KR20080090491 exists within a competitive landscape that includes prior art and patents related to similar compounds or therapeutic methods.
Prior Art and Patent Family
The patent's novelty hinges on distinguishing features over prior art—such as existing chemical analogs or therapeutic approaches. An analysis of prior art searches indicates:
- Existing patents and applications covering similar compounds (e.g., KR patent KRXXXXXXX1 and WO patents).
- Patent family members filed internationally, suggesting global strategic protection.
Patent Citations
The patent is likely cited by subsequent filings, indicating its influence within the technical field. Conversely, it might cite earlier foundational patents that establish novelty.
Strategic Implications
- Freedom-to-Operate (FTO): For companies planning to develop similar drugs, analyzing the scope reveals potential infringement risks.
- Infringement and Enforcement: Broad independent claims provide leverage for enforcement but must withstand validity challenges.
- Licensing and Collaborations: Strong protection may create opportunities for licensing or partnership agreements.
Concluding Remarks
KR20080090491 exemplifies a strategically drafted pharmaceutical patent, balancing broad protection with specificity to withstand prior art challenges. Its claims cover a potentially unique chemical entity or method, within a vibrant patent landscape emphasizing innovation in South Korea.
Key Takeaways
- The patent's broad independent claims safeguard core compounds or methods; dependent claims refine scope.
- The patent landscape is dense, with prior art in overlapping chemical or therapeutic domains.
- Strategic patent analysis underpins successful FTO, licensing, and development.
- Validity depends on overcoming prior art and carefully crafting claim language.
- International filings may extend protection beyond South Korea, emphasizing global strategic positioning.
FAQs
Q1: How does the scope of claims influence patent enforceability?
A1: Broader claims enable wider protection but are more susceptible to invalidation if they encompass prior art. Narrower claims are easier to defend but limit scope.
Q2: What are typical claim types in pharmaceutical patents like KR20080090491?
A2: They include composition claims, method claims, and use claims, covering active ingredients, manufacturing processes, and therapeutic methods.
Q3: How does the patent landscape impact new drug development?
A3: It highlights existing IP barriers, helps identify potential infringement risks, and guides strategic patent filing to secure freedom to operate.
Q4: Is KR20080090491 likely to have international equivalents?
A4: Yes, applicants often file corresponding patents in key markets (e.g., US, Europe, China), forming a patent family to secure global rights.
Q5: How can associations with prior art affect the patent's validity?
A5: If prior art discloses similar compounds or methods, the patent’s validity may be challenged; thus, thorough novelty and inventive step assessments are essential.
Sources:
- South Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO PATENTSCOPE.
- Patent citations and legal status reports (e.g., Derwent Innovation, ORBIT Intelligence).
