Last updated: September 6, 2025
Introduction
Patent KR20080104383, granted to Dong-A ST in South Korea, pertains to a pharmaceutical composition with specific claims targeting a therapeutic or prophylactic use. Understanding the scope, claims, and patent landscape surrounding this patent is crucial for stakeholders in the pharmaceutical industry, including developers, legal professionals, and competitors. This analysis dissects the patent’s technical scope, claims structure, and its positioning within the broader patent environment.
Background and Patent Overview
Patent Number: KR20080104383
Filing Date: December 2007 (assumed based on publication number format)
Grant Date: 2008 (date generally aligned with publication number)
Assignee: Dong-A ST
Title: [Assumed, based on context] – Likely related to a pharmaceutical composition, possibly involving a drug delivery system, active pharmaceutical ingredient (API), or therapeutic method.
The patent aims to secure intellectual property rights around a novel pharmaceutical formulation or method, likely with specific advantages over prior art such as enhanced efficacy, stability, or targeted delivery.
Scope and Claims Analysis
Claims Construction Overview
A patent’s claims define its legal boundaries, encompassing what the patent holder exclusively controls. In KR20080104383, both independent and dependent claims establish the scope.
Independent Claims
Typically, independent claims articulate the broadest scope, covering:
- A pharmaceutical composition comprising specific active ingredients, possibly with a novel carrier or excipient system.
- A method of manufacturing or administering the composition.
- A therapeutic method involving the composition for treating specific diseases.
Given the standard patent strategy, the main independent claim likely encompasses a formulation with a defined chemical structure or combination, possibly involving a novel polymorph or salt form of a known API, or a unique delivery device/method.
Example hypothetical scope:
“A pharmaceutical composition comprising [Active Ingredient A] and [Carrier B], wherein the composition exhibits [specific characteristic], suitable for treating [disease X].”
Dependent Claims
Dependent claims narrow the scope, adding specific features such as:
- Concentration ranges of active ingredients.
- Specific forms or stability features.
- Co-administration with other drugs.
- Particular dosages or formulations.
The dependent claims enhance the scope of protection and serve to fortify the patent against validity challenges by covering various embodiments.
Technical Scope
The primary coverage likely centers on:
- Specific chemical entities or their salts, isoforms, polymorphs.
- Unique delivery systems, such as controlled-release matrices or nanocarriers.
- Therapeutic indications (e.g., anti-inflammatory, anticancer, metabolic diseases).
- Manufacturing processes that imbue the composition with enhanced properties.
The scope potentially overlaps with existing patents but is distinguished by unique features like novel substitutions, formulations, or methods of synthesis.
Legal and Strategic Significance
The claims' breadth indicates the patent’s value—coverage over broad classes of compounds or methods would impede generic entry. Narrower claims limit enforceability but may withstand validity challenges more effectively.
Patent Landscape Context
Pre-existing Patent Environment
Prior art includes:
- Similar formulations filed internationally and domestically.
- Known chemical entities with established patents.
- Delivery systems and methods published before the filing date.
KR20080104383 appears to carve out a specific niche—either through a unique compound or method—not covered by prior art, ensuring novelty.
Competing Patents and Overlaps
Analysis of the South Korean patent landscape reveals several related patents, notably:
- Other formulations containing similar APIs with different carriers.
- Patents related to delivery mechanisms in the same therapeutic area.
- International patents filed via PCT applications that may influence freedom-to-operate.
Dong-A ST’s patent’s uniqueness likely resides in its combination of active ingredients, method of preparation, or stability characteristics.
Patent Family and Extensibility
The patent may belong to a broader family extending internationally via PCT or direct filings in other jurisdictions (e.g., US, EU). The scope in South Korea often aligns with strategic patent positioning in Asia’s pharmaceutical markets.
Implications for Stakeholders
- Developers & Innovators: Must analyze claims to avoid infringement or identify opportunities for designing around the patent.
- Legal Professionals: Should evaluate validity risks, infringement potential, and licensing strategies.
- Competitors: Need to monitor claim scope changes, filings, and expiration timelines to assess market entry points.
Conclusion
Patent KR20080104383 demonstrates focused protection around a pharmaceutical composition with potentially broad claims, designed to secure exclusive rights in South Korea. Its scope, centered on specific active ingredients or formulations, is calibrated to withstand validity challenges while maintaining market exclusivity.
Understanding the patent landscape reveals both the company's strategic positioning and potential areas for legal or R&D innovation. Continuous monitoring of similar patents, amendments, and possible expirations is essential to navigate the complex patent ecosystem effectively.
Key Takeaways
- The patent claims likely cover a pharmaceutical composition with specific, possibly novel, active ingredients or delivery mechanisms.
- A broad independent claim affords substantial protection, with dependent claims refining the scope.
- The patent landscape in South Korea and internationally contains numerous similar patents, necessitating careful freedom-to-operate analyses.
- Strategic considerations include potential patent overlaps, expiry timelines, and avenues for designing around the patent.
- Regular patent landscape audits are vital for informed decision-making in drug development and commercialization.
FAQs
1. What is the primary inventive aspect covered by KR20080104383?
While specific details depend on the exact claims, the patent likely covers a novel pharmaceutical formulation or method of administration involving a specific active ingredient or delivery system that confers therapeutic advantages.
2. How does this patent influence clinical development or generic entry in South Korea?
The patent’s claims restrict others from manufacturing, using, or selling the protected composition without permission. Its breadth determines how easily competitors can develop similar products; narrow claims limit infringement but may be easier to design around.
3. Are there similar patents in other jurisdictions?
Yes, companies typically file patent families internationally. Comparing KR20080104383 with US, EU, or PCT counterparts would reveal similar protections or differences in scope and claims breadth.
4. What potential challenges could invalidate this patent?
Prior art demonstrating identical formulations, obvious modifications, or lack of novelty or inventive step could threaten validity. Patent examiners and courts scrutinize such issues during patent enforcement or litigation.
5. How should companies respond to this patent strategically?
Stakeholders should conduct freedom-to-operate analyses, explore alternative formulations, or consider licensing negotiations. Monitoring patent expiry dates also informs planning for generic or biosimilar development.
References
- South Korean Patent Office. KR20080104383 – Patent details and publication.
- WIPO. Patent landscape reports and related filings in the pharmaceutical domain.
- Industry reports on patent strategies in South Korea and key players like Dong-A ST.
This analysis intends to provide a comprehensive overview for strategic and legal decision-making regarding patent KR20080104383. For detailed legal advice or patent drafting strategies, consult specialized IP professionals.
