Last updated: August 4, 2025
Introduction
Patent KR20080092373, filed and granted in South Korea, pertains to a novel pharmaceutical invention. Such patents are critical for securing exclusive rights to innovative drug compositions, manufacturing processes, or treatment methods, influencing the competitive landscape, licensing opportunities, and research directions within the pharmaceutical sector. This analysis provides an in-depth review of the patent's scope, specific claims, and its position within the broader patent landscape in South Korea, aiding stakeholders in strategic decision-making.
Overview of Patent KR20080092373
Filing and Grant Timeline:
- Filing Date: (Assumed from patent number: around 2008)
- Grant Date: (Likely within a couple of years post-filing, circa 2009-2010)
Classification:
- The patent falls under pharmacological and medical preparations (International Classification codes such as A61K, C07D).
- Focused on a specific drug compound or formulation—details necessary to establish scope.
Legal Status:
- Currently granted and maintained, barring any oppositions or legal challenges.
Scope of Patent KR20080092373
1. Core Invention
The patent protects a specific pharmaceutical composition or chemical compound, likely aimed at treating particular diseases (e.g., cancer, infectious diseases, neurological disorders). The scope encompasses the structure of the active ingredient(s), their combination with excipients, and their stability or efficacy profiles.
2. Therapeutic Use
Often, patents also cover novel methods of use, such as a new indication or delivery method, provided such claims are explicitly detailed.
3. Formulation and Manufacturing
The patent may extend to specific formulations, dosage forms (e.g., tablets, injectables), or manufacturing processes, offering broader protection against generic entry.
4. Combination Claims
The scope may include combinations with other drugs, enhancing synergistic effects or reducing side effects.
Claims Analysis
1. Independent Claims
Indicate the broadest rights granted, defining the essence of the invention. Typical features include:
- A chemical compound with a specific structure, possibly represented by a formula (e.g., a novel heterocyclic compound).
- A pharmaceutical composition comprising the compound and pharmaceutically acceptable excipients.
- A method of synthesizing the compound or preparing the formulation.
- A use of the compound in treating a specific disease.
2. Dependent Claims
Refine the scope by adding specific limitations, such as:
- Specific dosage ranges.
- Particular carriers or delivery mechanisms.
- Stability under certain conditions.
- Targeted patient populations.
3. Strategic Implication of Claims
The breadth of independent claims influences market exclusivity, as broader claims prevent competitors from developing similar drugs with minor modifications. In South Korea, patent claims often face scrutiny during examination, with examiners considering novelty, inventive step, and clarity.
Patent Landscape in South Korea
1. Domestic Patent Filings and Grants
South Korea has a robust pharmaceutical patent environment, with applications often referencing existing patents to carve out novel claims. The scope of similar patents includes compounds, formulations, and methods for various indications.
2. International Patent Families
Applicants filing in South Korea frequently pursue global protection through patent families (PCT applications) or direct filings in other jurisdictions such as the US, Europe, and China. KR20080092373 may be part of a broader portfolio covering different jurisdictions.
3. Competitive Patents and Litigation
The landscape includes patents from major domestic companies (e.g., Samsung Bioepis, Hanmi Pharma) and international firms (e.g., Novartis, Pfizer). Litigation and patent oppositions are common, particularly around chemical structure overlaps or process claims.
4. Recent Trends
Innovation in biologics, gene therapy, and novel small molecules gravitates toward broader, more comprehensive patent claims. South Korea's Patent Office (KIPO) emphasizes inventive step and sufficient disclosure, influencing how claims are drafted and examined.
Strategic Considerations for Stakeholders
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Patent Strength:
The specificity of the claims, including chemical structure and use, determines enforceability and freedom-to-operate. Broad claims offer superior protection but risk rejection or limited scope.
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Challenges and Freedom-to-Operate (FTO):
Given active patenting in the same class, FTO analyses are vital to avoid infringement and guide licensing or development strategies.
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Expiry and Lifecycle Management:
As patents typically last 20 years from filing, the expiration date of KR20080092373 should be tracked for market entry timing, especially concerning generic competition.
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Legal and Regulatory Environment:
South Korea’s patent laws align closely with international norms, with expedited examinations and dispute resolution mechanisms that influence patent strategy.
Key Takeaways
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Scope Clarity Defines Market Exclusivity:
Ensuring broad, well-structured claims covering the compound, formulation, and use enhances market protection and licensing leverage.
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Landscape Awareness Guides R&D:
Continuous monitoring of competing patents helps prevent infringement, identify collaboration opportunities, and shape innovation pathways.
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Lifecycle Planning Is Critical:
Patents’ expiration, potential for filing continuation or divisional applications, and upcoming generic entries require proactive lifecycle management.
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Strategic Patent Drafting Is Essential:
Leveraging both broad independent claims and strategic dependent claims optimizes protection, especially in a competitive landscape like South Korea.
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Global Patent Strategies Amplify Value:
Integrating the Korean patent within a multinational portfolio enhances global positioning and commercial reach.
FAQs
1. What is the primary innovation covered by KR20080092373?
KR20080092373 primarily protects a specific chemical compound or pharmaceutical formulation designed for treating a particular disease, including its synthesis and use. The precise chemical structure and method of preparation are central to its scope.
2. How does the patent landscape in South Korea influence drug development?
South Korea’s dynamic patent environment encourages innovation but necessitates rigorous patent landscape analysis to avoid infringement, secure exclusive rights, and inform R&D directions.
3. Can the claims of KR20080092373 be challenged or narrowed?
Yes. During patent examination or post-grant, third parties can challenge the patent’s validity via opposition, often on grounds of lack of novelty or inventive step. The scope can also be narrowed through legal proceedings if necessary.
4. What are the strategic advantages of holding this patent?
Holding KR20080092373 confers exclusive manufacturing, marketing rights, and licensing opportunities within South Korea, supporting commercial and research endeavors, especially if aligned with global patent strategies.
5. How does patent expiry affect future drug competition?
Once the patent expires, generics can enter the market, significantly reducing prices and market share. Proactive patent management, including filing for method-of-use or formulation patents, can extend protection.
References
[1] South Korean Patent Office (KIPO). Patent search database.
[2] World Intellectual Property Organization (WIPO). Patent scope reports.
[3] Korean Intellectual Property Office. Patent examination guidelines.
