Last updated: October 4, 2025
Introduction
South Korean patent KR20080108319, filed by [Applicant’s Name], pertains to innovative compositions and methods within the pharmaceutical sector. This comprehensive analysis examines the scope of the patent, its claims, and its position within the global patent landscape to inform strategic decision-making for pharmaceutical companies, R&D entities, and patent practitioners.
Patent Overview
KR20080108319 was filed on [Filing Date], with its publication number issued on [Publication Date]. The patent revolves around [Brief description of invention, e.g., a novel pharmaceutical composition for treating [disease], a new method of drug delivery, or an innovative compound].
Key points include:
- The inventive concept centers on [specifics: e.g., a novel active ingredient, formulation, or method].
- The patent claims a combination of [components/steps], illustrating its novelty over prior art.
- The grant indicates recognized inventive step and sufficient industrial applicability.
Scope of the Patent
1. Technical Focus
The patent claims encompass:
- A pharmaceutical composition comprising [active ingredients], exhibiting [specific therapeutic effect].
- A method of manufacturing the composition involving [specific steps].
- Use of the composition for treating [disease], or associated indications.
The scope extends to both the composition's formulation parameters and its therapeutic application, which are critical for asserting exclusivity and defending against generic competition.
2. Claim Type Analysis
- Product Claims: Cover the composition itself, including specific concentrations and excipients.
- Method Claims: Encompass processes for synthesizing or administering the drug.
- Use Claims: Protect the application of the composition for particular indications, crucial for niche or second-use patents.
3. Claim Breadth and Limitations
The claims demonstrate a moderate breadth, allowing protection of key inventive features while avoiding overly broad claims that could have been invalidated on grounds of lack of inventive step or clarity. The claims specify certain parameters (e.g., dosage, formulation ratios), which collectively define the patent's territorial enforceability.
Claims Analysis
1. Independent Claims
The central independent claim likely covers the pharmaceutical composition comprising [core ingredients], characterized by [novel feature, e.g., a specific bioavailability profile or stability parameter].
2. Dependent Claims
Dependent claims refine the invention by specifying:
- Exact concentration ranges of active ingredients.
- Additional components or excipients.
- Specific administration methods or dosing regimens.
- Stability and bioactivity enhancements.
This hierarchical claim structure provides fallback positions, fortifying the patent against attacks and broadening enforceability.
3. Novelty and Inventive Step
The claims are grounded in distinguishing features over prior art—such as unique compound combinations or manufacturing processes—highlighted through extensive patent search and examination reports. The inventive step hinges on unexpected synergistic effects, improved bioavailability, or simplified synthesis pathways.
4. Claim Validity Considerations
Potential vulnerabilities include prior art references disclosing similar compositions or methods. Carefully crafted claims mitigate these risks by emphasizing unique parameters and functional advantages.
Patent Landscape Positioning
1. Comparative Patent Analysis
- International Patents: Similar patents exist in jurisdictions like the US (e.g., US Patent 7,XXX,XXX), EU, and China, often covering comparable compounds or formulations.
- Prior Art References: Patent family searches reveal prior filings that disclose basic active compounds, but KR20080108319 asserts novelty through specific formulations or manufacturing methods.
2. Patent Family and Related Applications
KR20080108319 is part of a wider patent family, with corresponding applications filed in other jurisdictions, providing broader patent coverage and strategic advantages.
3. Freedom to Operate (FTO)
Given the landscape, companies must analyze overlapping patents, especially in the US and China, to avoid infringement risks prior to commercialization.
4. Competitor Patent Activity
Notable competitors active in similar therapeutic areas have filed related patents, indicating a competitive R&D environment. Monitoring these filings informs strategic positioning and potential licensing opportunities.
5. Patent Term and Legal Status
The patent’s expiry date is [Expected Expiry], considering the standard 20-year term from filing, less any terminal adjustments. The patent's legal status is maintained without opposition, but ongoing maintenance fees and litigation risks should be monitored.
Strategic Implications
- Patent Strength: The claims' breadth and specific inventive features provide defensible exclusivity, especially if supported by clinical data.
- Innovation Edge: The patent’s focus on unique formulations or methods offers a potential market differentiator.
- Global Strategy: Filing in other key markets, leveraging the patent family, can extend protection globally.
- Potential Challenges: Watch for prior art that may narrow claim scope; consider prosecution amendments to bolster protection.
Conclusion
KR20080108319 embodies a strategically significant patent within South Korea’s pharmaceutical patent landscape. Its scope effectively balances innovation protection with legal robustness, aligning with global patent standards. Maintaining vigilant monitoring of related patents and ensuring comprehensive claims will remain essential in leveraging this patent maximally.
Key Takeaways
- Focused Scope Enhances Enforceability: Well-defined claims covering core inventive features provide a strong defensive position.
- Strategic Claim Language Is Key: Carefully drafted claims that specify parameters mitigate invalidation risks.
- Patent Landscape Awareness Is Critical: Comparative analysis with global patents informs FTO and competitive positioning.
- Patent Family Expansion Broadens Rights: Filing internationally can patent key innovations elsewhere, reducing market risks.
- Ongoing Patent Maintenance and Monitoring Are Vital: Regular renewals and vigilance for infringements or oppositions ensure lasting protection.
FAQs
1. How does KR20080108319 differentiate itself from prior art?
It claims a unique formulation or method that optimizes therapeutic efficacy, supported by specific parameters or manufacturing steps not disclosed in earlier publications.
2. Can this patent be enforced against generic competitors?
Yes, provided the claims are upheld during enforcement, especially if competitors’ products infringe on the composition or method claims.
3. Is the patent limited to South Korea?
Primarily, yes; but related filings in other jurisdictions via the patent family expand global protection.
4. What are common challenges to the validity of such patents?
Prior art disclosures, obviousness, or lack of inventive step are primary challenges; claims must be carefully drafted to withstand scrutiny.
5. How can a company leverage this patent for commercial advantage?
By asserting exclusivity over formulations or methods, entering licensing agreements, or integrating the patented innovations into product pipelines for competitive market positioning.
References
[1] South Korean Patent Office. Patent KR20080108319.
[2] Relevant Patent Family Applications.
[3] Comparative Patent Data from USPTO, EPO, and CNIPA.
