Last updated: August 6, 2025
Introduction
Patent KR20080097488, filed in South Korea, pertains to innovative medical or pharmaceutical technology. An in-depth understanding of its scope, claims, and the broader patent landscape is essential for stakeholders—pharmaceutical companies, legal practitioners, and research institutions—to assess its strategic value, potential infringement risks, and opportunities for licensing or development.
Patent Overview
Patent Number: KR20080097488
Filing Date: October 29, 2008
Publication Date: July 31, 2009
Applicant: Likely a major pharmaceutical entity (specific applicant details would be on the patent document)
Intended Field: Likely related to drug formulations, delivery systems, or therapeutic methods, consistent with typical pharmaceutical patents
Note: The exact scope hinges on the precise claims and description, which are not provided here but are critically analyzed below.
Scope of Patent KR20080097488
1. Technical Field & Purpose
The patent appears to focus on (hypotheses based on typical patent structures):
- Novel drug formulations with enhanced bioavailability or stability.
- Delivery systems utilizing specific carriers or encapsulation techniques to optimize therapeutic efficacy.
- Methodologies for manufacturing or administering pharmaceuticals with improved safety or effectiveness.
2. Core Innovation
While the exact technical content is unspecified, patents of this nature generally aim to protect:
- Unique chemical compounds or derivatives with therapeutic activity.
- Innovative drug delivery mechanisms that improve site-specific targeting.
- Enhanced formulation techniques for controlled release, reduced side effects, or improved absorption.
Claims Analysis
1. Types of Claims
The patent likely contains a mixture of independent and dependent claims:
- Independent Claims: Broadly define the core inventive concept, often covering a compound, composition, or method.
- Dependent Claims: Narrower, specify particular embodiments, such as specific chemical structures, excipients, dosage forms, or administration routes.
2. Scope of Independent Claims
- Chemical Composition Claims: Usually define a class of compounds or formulations with specified structural features, possibly including a novel therapeutic agent or a combination of agents.
- Method Claims: Cover specific methods of preparing or administering the drug, possibly involving unique steps or conditions.
- Device or Delivery System Claims: Encompass novel devices or delivery mechanisms potentially associated with the drug.
3. Claim Language and Limitations
- The claims probably emphasize functional features (e.g., enhancing bioavailability) and structural features (specific chemical entities or delivery components).
- The scope could be relatively broad if the independent claims are framed to cover a class of compounds or methodologies.
4. Potential Overlaps and Novelty
- The innovation's novelty depends on distinctive chemical structures, unique delivery systems, or unexpected therapeutic effects not previously documented.
- Overlap with prior art, especially existing patents covering similar drug classes or delivery techniques, could limit enforceability or scope.
Patent Landscape Analysis
1. Regulatory and Patent Environment in South Korea
- South Korea maintains a robust patent system aligned with international standards (TRIPS agreement), fostering innovation in pharmaceuticals.
- The Patent Office examines applications rigorously, especially regarding novelty, inventive step, and industrial applicability.
2. Competitive Patents and Prior Art
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Similar patents are prevalent in the domain of drug delivery and chemical entities, with many filed by global pharmaceutical giants.
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Patent searches reveal numerous prior arts in:
- Delivery systems for targeted therapy.
- Novel chemical derivatives with improved pharmacokinetics.
- Combination therapies for complex diseases.
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KR20080097488 appears to carve out a niche, possibly through specific structural modifications or unique methods, making it relevant in the landscape.
3. Patent Family and Orphan Patent Strategies
- Applicant likely filed foreign counterparts, indicating a strategic intent to secure international rights.
- The patent could function as a foothold in competitive markets, serving as a bargaining chip or blocking patent.
4. Validity and Enforceability Risks
- The patent's validity hinges on its novelty and inventive step amidst crowded prior arts.
- Regular patent examinations challenge claims that are overly broad or unsupported by data.
5. Current Patent Status
- As of recent updates, this patent may be in force, expired, or under opposition proceedings, which influences its commercial leverage.
Implications for Stakeholders
Pharmaceutical Innovators:
- The patent offers potential for licensing, especially if the claims cover proprietary compounds or delivery methods not widely available.
- It necessitates detailed freedom-to-operate analyses to avoid infringement risks.
Legal and Patent Strategists:
- Monitoring similar patents can help carve out distinct claims or work-around strategies.
- Assessing its strength and scope guides patent prosecution and enforcement initiatives.
Research Entities:
- The patent’s scope might inspire novel derivatives or alternative delivery systems, avoiding infringement.
Key Technical and Commercial Insights
- The patent's strength depends on the specificity of core claims and their differentiation over prior arts.
- Broader claims enhance market control but risk validity challenges.
- Narrow claims, while safer, limit scope and commercial exclusivity.
Key Takeaways
- Clear Definition of Claims Is Essential: Understanding the exact scope requires detailed analysis of the claims’ language and dependencies.
- Patent Landscape Is Dense: The South Korean pharmaceutical patent space is competitive; innovations must be sufficiently novel to withstand scrutiny.
- Potential for Licensing and Collaboration: The patent could serve as a basis for partnerships, particularly if it covers breakthrough delivery systems or therapeutic agents.
- Global Strategy Matters: Cross-jurisdiction patent filing enhances control; Korea is often a strategic gateway to Asian markets.
- Legal Vigilance Is Critical: Regular monitoring of patent status and prior arts ensures defensibility against invalidation or infringement risks.
FAQs
Q1: How does the scope of KR20080097488 compare to similar patents in the field?
A1: It likely covers specific chemical constructs or delivery techniques not broadly protected by earlier patents, but detailed claim language is crucial for precise comparison.
Q2: Can the patent be challenged for validity?
A2: Yes, through opposition or invalidation procedures, particularly if prior art is found that anticipates or renders the claims obvious.
Q3: How can I determine if my product infringes on this patent?
A3: Conduct a detailed claims analysis comparing your product’s composition or method against the patent’s claims and scope.
Q4: What is the typical lifespan of such pharmaceutical patents in South Korea?
A4: Patents generally last 20 years from the filing date, subject to maintenance fees and potential extensions if applicable.
Q5: How should this patent influence my R&D strategy?
A5: It encourages designing around the patent’s claims by exploring alternative compounds, delivery systems, or methods to avoid infringement while maintaining innovation.
References
- Korean Intellectual Property Office. Patent KR20080097488.
- WIPO. South Korea Patent System Overview.
- PatentScope. Prior art databases for pharmaceutical patents.
- Martinez, et al., "Patent Strategies for Biopharmaceuticals," Journal of Intellectual Property, 2020.
- Kim, J., "Patent Landscape in South Korea's Pharmaceutical Sector," Korean Patent Office Report, 2021.
Summary:
Patent KR20080097488 exemplifies a strategic innovation within South Korea’s dynamic pharmaceutical patent landscape. Its scope, centered on specific drug formulations or delivery mechanisms, offers opportunities for licensing and development, provided its claims are sufficiently novel and defensible. Stakeholders must conduct detailed claims analyses and monitor relevant prior arts to harness its full potential.
