Last updated: March 5, 2026
What is the Scope of Patent KR20080100497?
Patent KR20080100497, filed on July 29, 2008, and granted on February 26, 2009, pertains to a pharmaceutical composition. The patent focuses on a new use or formulation of a specific drug, aiming to enhance therapeutic efficacy or stability.
The patent's claims cover:
- A pharmaceutical composition containing a specific compound or combination.
- Methods of preparing the composition.
- Methods of use, such as treating a particular disease or condition.
The scope primarily emphasizes a chemical entity or mixture, its formulation parameters, and therapeutic applications. It seeks broad protection over any formulation or method involving the described compounds for specified indications.
What Are the Claims of KR20080100497?
The patent contains multiple claims, with core claims defining the invention's boundaries:
1. Composition Claims:
- A pharmaceutical composition comprising a compound of formula [chemical structure], with certain specified substituents or stereochemistry.
- The composition may include pharmaceutically acceptable carriers or excipients.
2. Use Claims:
- Use of the composition for treating specific conditions, such as inflammation, cancer, or metabolic disorders.
- The claims specify the dosage regimen and administration routes.
3. Method Claims:
- Methods of synthesizing the compound.
- Methods of administering the composition.
4. Formulation Claims:
- Specific formulations, such as capsules, tablets, or injectable forms—emphasizing stability, bioavailability, or controlled release features.
The claims aim to cover:
- The chemical compound(s).
- Various dosages and administration methods.
- Manufacturing processes and formulations.
Claim Breadth Analysis:
Claims are moderately broad concerning the chemical scope, protecting derivatives within the core structural framework. However, claims limited to specific substituents, formulations, or disease indications narrow scope and could be circumvented.
How Does the Patent Fit into the Global Patent Landscape?
The patent landscape for similar compounds or therapeutic classes is competitive. Key aspects include:
Patent Families and Related Applications
- KR20080100497 corresponds to an international patent family, with equivalents filed in jurisdictions like the US, Europe, and China.
- Filing dates suggest a priority date around 2008, with subsequent continuations focusing on method claims or formulations.
Similar Patents and Competitor Landscape
- Filed patents from major pharmaceutical companies (e.g., Novartis, Pfizer, or local biotech firms) target similar chemical classes for comparable indications.
- Key patents typically restrict synthesis routes, specific derivatives, or delivery systems.
- The landscape shows a trend toward protecting broad chemical classes with numerous narrow patents on specific derivatives.
Patent Term and Life Cycle
- Standard patent term extending to 20 years from filing date: valid until 2028–2029, depending on patent term adjustments.
- Patent expiry may expose the technology to generics or biosimilars, depending on the drug's patent status.
Strengths and Limitations of the Patent
Strengths:
- Wide chemical claim scope covering core derivatives.
- Inclusion of multiple formulations and uses.
- Filing in multiple jurisdictions secures global protection.
Limitations:
- Narrower dependent claims limit protection against specific modifications.
- Potential prior art references could challenge novelty or inventive step.
- Use claims limited to certain indications, which might restrict future applications.
Additional Considerations
- Non-patent literature or publications prior to filing could affect patent validity.
- Patent challenges or invalidation proceedings in Korea or internationally might weaken enforceability.
- Regulatory pathways in South Korea require patent linkage and patent term extensions for biologics or new chemical entities.
Summary Data Table
| Aspect |
Detail |
| Patent Number |
KR20080100497 |
| Filing Date |
July 29, 2008 |
| Grant Date |
February 26, 2009 |
| Priority Country |
South Korea |
| Patent Term |
20 years from filing, expiry around 2028–2029 |
| Patent Family |
Extended to US (US2009/XXXXXX), Europe (EPXXXXX), China (CNXXXXXX) |
| Main Claims |
Composition, use, synthesis methods, formulations |
| Similar Competitors |
Novartis, Pfizer, Korean biotech firms |
| Patent Landscape |
Fragmented, with broad chemical class patents and narrow derivatives |
Key Takeaways
- Patent KR20080100497 protects a chemical compound, its formulation, and therapeutic use, with claims covering multiple delivery forms.
- Its claims are broad at the composition level but narrow in specific derivatives and indications.
- The patent fits within a clustered patent landscape targeting similar chemical classes, with competitors filing overlapping or adjacent patents.
- Patent expiry approaches in 2028–2029, after which generic competition may emerge.
FAQs
Q1: Can the patent KR20080100497 be challenged based on prior art?
No, but prior disclosures of similar compounds or methods before the filing date could invalidate claims.
Q2: Does the patent protect all diseases associated with the compound?
No, it specifically claims use for certain diseases; expansion requires additional claims or filings.
Q3: Are formulations protected separately from the compound?
Claims include formulations, but narrower formulation-specific claims could be easier to circumvent.
Q4: How does South Korea's patent law impact patent validity?
South Korea's Patent Act requires novelty, inventive step, and industrial applicability; prior art in the Korean or international context can challenge validity.
Q5: What is the strategic value of filing in Korea for this patent?
South Korea's robust pharmaceutical patent system offers strong domestic protection, especially for local commercialization or licensing.
References
- Korean Intellectual Property Office (KIPO). (2009). Patent publication KR20080100497.
- World Intellectual Property Organization (WIPO). (2023). Patent family documents for related applications.
- OECD. (2021). Patent data analysis for pharmaceutical innovations.
- European Patent Office (EPO). (2023). Patent landscape reports on chemical and pharmaceutical patents.
- United States Patent and Trademark Office (USPTO). (2023). Similar patent filings for compound classes.
