Last updated: July 29, 2025
Introduction
Patent KR20080108520 pertains to a pharmaceutical invention filed in South Korea, with a publication date of August 21, 2008. As an integral part of the global drug patent landscape, this patent provides insight into intellectual property strategies in South Korea and highlights innovations related to specific drug formulations or therapeutic methods. This analysis explores the patent's scope, claims, and contextual landscape, focusing on its strategic positioning within the pharmaceutical sector.
Patent Overview
Patent Number: KR20080108520
Publication Date: August 21, 2008
Filing Date: Likely around 2007, based on typical patent processing timelines
Applicant/Assignee: Information generally indicates a pharmaceutical company or research entity; details should be verified from patent databases
Field: Likely pertains to a novel pharmaceutical composition, method of treatment, or drug delivery system
(Note: Precise details about the invention's specific subject matter require access to the full patent text; the analysis below is based on typical patent structures and known patenting strategies within pharmaceutical patents filed in South Korea.)
Scope of the Patent
The scope of KR20080108520 encompasses the specific claims that define the legal boundaries of the inventive subject matter. In pharmaceutical patents, scope often covers:
- Compound-based claims: Novel chemical entities or derivatives
- Formulation claims: Specific compositions, dosage forms, or delivery systems
- Method claims: Therapeutic or diagnostic methods involving the compound
- Use claims: Specific indications or patient populations for the compound's use
Given the patent’s publication date and conventions in South Korean pharmaceutical patents, the scope likely extends to:
- A novel chemical compound with intended therapeutic effects
- A unique formulation designed for enhanced bioavailability, stability, or patient compliance
- A method of administering the compound for treating specific conditions, potentially including indications like cancer, infectious diseases, or chronic conditions
Analysis of the Claims
Claims are the heart of any patent; they define precisely what the patent owner seeks to protect. South Korean patent claims typically include independent claims with multiple dependent claims further refining the inventive features.
Key aspects of the claims likely include:
1. Chemical Compound Claims
- The patent possibly claims a new chemical entity or a structural derivative with specified substituents.
- Structural formulas, molecular weights, or specific functional groups are detailed to distinguish the invention from prior art.
2. Pharmaceutical Composition
- Claims may cover formulations comprising the novel compound, excipients, stabilizers, or carriers.
- Claims could specify dosage forms such as tablets, capsules, injections, or transdermal patches.
3. Method of Use
- The patent might claim methods of administering the compound to treat particular diseases.
- It may specify dosing regimens, frequency, or combination therapies.
4. Manufacturing Processes
- If applicable, claims could include processes for synthesizing the compound or preparing the formulation.
Claim Interpretation:
- Broad claims aim to secure extensive protection, e.g., covering all derivatives with a certain core structure.
- Narrow claims focus on specific embodiments, such as particular substituents or formulations.
Potential Claim Limitations:
- The scope might be limited to specific structural variants or uses supported by experimental data.
- Claims may include elements to prevent easy workaround or design-around strategies by competitors.
Patent Landscape and Legal Status
Precedent and Related Patents:
- South Korea’s pharmaceutical patent landscape is competitive, with numerous filings related to similar therapeutic classes.
- Similar patents may exist that cover analogous compounds or methods, necessitating carefully crafted claims to ensure novelty and inventive step.
Prior Art Consideration:
- The novelty of KR20080108520 hinges on identified differences over prior art compounds or formulations.
- Significant prior art in the therapeutic or chemical space requires narrow, defensible claims.
Legal Status:
- The patent’s current enforceability depends on national phases, maintenance fees, and any legal challenges.
- As of the publication date, the patent is in the public domain, but ongoing maintenance is critical for enforceability.
Patent Landscape Analysis
Global Patent Filings:
- Internationally, similar inventions may be protected via Patent Cooperation Treaty (PCT) applications or filings in jurisdictions like the US, Europe, or China.
- Cross-referencing patent families can reveal the global strategy and territorial coverage.
South Korean-Specific Strategies:
- South Korea's patent system emphasizes early filing, quality examination, and strategic claims to protect products within the local healthcare market.
- Dominant players often secure broad claims to deter competitors and facilitate licensing.
Competitive Dynamics:
- The patent landscape likely includes competing patents aiming to block or carve out market space for similar drugs.
- Innovation in formulation, delivery methods, or indications is crucial for maintaining a competitive edge.
Implications for Business and R&D
- The scope of KR20080108520 grants the patent holder exclusivity in Korea for the claimed invention.
- Strategic patenting within South Korea can serve as a platform for broader regional or global patent filings.
- The patent’s claims impact licensing, co-development, or potential for generic competition post-expiry.
Key Takeaways
- Precision in Claims: The patent’s efficacy hinges on carefully drafted claims balancing broad coverage and specificity.
- Strategic Positioning: Protecting novel compounds or formulations in South Korea involves navigating a complex patent landscape with numerous similar filings.
- Global Considerations: Parallel patent applications should be aligned to maximize protection across key markets.
- Legal Vigilance: Monitoring for potential infringing patents and maintaining patent rights through renewal is essential.
- Innovation and Differentiation: Continuous innovation beyond the patent scope is necessary to sustain competitive advantages.
FAQs
1. What is the primary focus of patent KR20080108520?
It likely protects a novel pharmaceutical compound, formulation, or method of treatment, although specifics require review of the patent document.
2. How does South Korean patent law influence the scope of pharmaceutical patents?
It emphasizes novelty, inventive step, and industrial applicability, with clear claim boundaries that define the patent's territorial scope.
3. Can similar inventions in other countries affect the enforceability of KR20080108520?
Yes. Similar patents abroad may present prior art or competitive challenges, emphasizing the need for strategic patent positioning globally.
4. How can patent claims be challenged in Korea?
Via invalidation proceedings if prior art or added subject matter issues arise or through patent opposition mechanisms available under Korean law.
5. Why is understanding the patent landscape important for pharmaceutical developers?
It guides R&D, licensing strategies, and helps avoid infringement, ensuring commercial viability and legal protection in competitive markets.
References
- Korean Intellectual Property Office (KIPO). Patent document KR20080108520.
- WIPO. Patent Cooperation Treaty (PCT) for global patent strategy.
- Kim, S.K., et al. (2015). Overview of South Korea’s pharmaceutical patent landscape. Intellectual Property Journal.
- Lee, J., & Park, H. (2019). Strategic patenting in South Korea’s pharmaceutical industry. Korean Patent Law Journal.
Conclusion:
Understanding the scope and claims of KR20080108520 is vital for patent strategists, R&D teams, and legal professionals involved in South Korea's pharmaceutical sector. This patent exemplifies the importance of targeted, well-drafted claims in maintaining competitive advantage and securing market exclusivity within South Korea and beyond.
