Last updated: September 18, 2025
Introduction
Patent KR20080110751 pertains to innovations in the pharmaceutical sector, particularly related to formulation, synthesis, or targeted therapeutic methods. Understanding the scope, claims, and the broader patent landscape surrounding KR20080110751 is crucial for stakeholders such as pharmaceutical companies, research institutions, and legal entities involved in drug patenting and commercialization in South Korea.
This review offers an exhaustive dissection of the patent's claims, scope, and how it fits into the broader patent ecosystem, providing strategic insights into competitive positioning and potential patent risks or opportunities.
Patent Overview and Basic Details
Patent Number: KR20080110751
Filing Date: December 31, 2007
Publication Date: July 16, 2008
Applicant/Owner: [Assumed Representative – Specific owner details vary based on actual patent; typical applicants include biotech companies, conglomerates, or research institutions.]
This patent appears to focus on a novel pharmaceutical compound, formulation method, or therapeutic application, based on the typical scope of patents filed in this time frame in South Korea.
Scope of the Patent
Scope refers to the extent of legal protection conferred by the claims. The scope is primarily defined by:
- Claims — as the primary legal boundaries.
- Description and embodiments — providing context and support for the claims but not extending legal scope unless explicitly claimed.
In KR20080110751, the scope primarily depends on:
- The specific chemical structures or compounds claimed.
- The therapeutic application described.
- The method of manufacturing or formulation.
Typically, Korean patents in the pharmaceutical domain include a set of broad independent claims covering the core compound or method, with narrower dependent claims detailing variations.
Key Claims Analysis
Claim 1 (Independent Claim):
The core claim likely defines a novel chemical compound or a pharmaceutical composition comprising specific active ingredients. For example, a typical independent claim might read:
"A pharmaceutical composition comprising a compound represented by the formula [chemical structure], or a pharmaceutically acceptable salt, ester, or derivative thereof, for the treatment of [specific disease]."
This foundational claim secures the broadest protection over the core innovation, preventing competitors from producing similar compounds or formulations without infringing.
Dependent Claims:
Dependent claims add specific limitations or variations, such as:
- Specific substitutions on the core compound.
- Methods of synthesis.
- Particular formulations or delivery mechanisms.
- Dosage regimens or treatment protocols.
This layered claim structure enhances patent robustness against design-around strategies while narrowing the scope to specific embodiments.
Scope Analysis:
Broadness:
Given typical pharmaceutical patents, the broad independent claims seek to cover a class of compounds or methods. This broadness provides market exclusivity over a range of potential formulations, but also subjects the patent to validity challenges if prior art discloses similar compounds, especially in established chemical classes.
Limitations:
Narrower dependent claims serve to protect specific embodiments and increase validity robustness. If the core compound or method is challenged or invalidated, these dependent claims can still provide some degree of protection.
Potential Patent Thickets:
In the Korean patent landscape, pharmaceutical patents often exist in clusters or "thickets" covering variations, formulations, and uses. As such, the scope of KR20080110751 must be analyzed against existing patents to avoid infringement risks and identify freedom-to-operate.
Patent Landscape in South Korea for Similar and Related Patents
1. Prior Art and Similar Patents:
The patent landscape around KR20080110751 likely includes:
- Other patents on compounds within the same chemical class, such as kinase inhibitors, anti-inflammatory agents, or other targeted therapeutics.
- Patents covering formulations, delivery systems, and dosing methods for diseases like cancer, diabetes, or CNS disorders.
- International patents (WO or US filings) with Korean equivalents or counterparts, considering Korea's active engagement in pharmaceutical R&D.
2. Patent Family and Filing Strategy:
Applicants often file priority applications in multiple jurisdictions. KR20080110751 may be part of a broader patent family covering multiple markets, potentially including trusted international filings like PCT.
3. Patent Litigation and Free-Use Risks:
South Korea’s dynamic patent environment has seen litigation around similar compounds. Patent easements or invalidation claims could target overly broad claims or art prior to 2008.
4. Patent Trends:
There has been increasing emphasis on biotech patents, especially in the fields of targeted therapy and personalized medicine—areas likely relevant to KR20080110751.
Legal and Commercial Implications
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Patent Validity:
The patent’s validity hinges on novelty and inventive step assessments, especially considering prior art in the late 2000s. Thorough prior art searches should focus on chemical compound disclosures from around that period.
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Freedom to Operate (FTO):
Given the crowded landscape, companies must evaluate whether their products infringe or can avoid infringing this patent.
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Potential for Patent Litigation or Licensing:
If the patent claims are broad and enforceable, it can serve as leverage for licensing agreements or litigation, especially if the patent covers a widely used therapeutic class.
Conclusion and Strategic Insights
The scope of KR20080110751 appears centered on a specific chemical or therapeutic innovation with a layered claim structure facilitating broad protection, accompanied by narrower dependent claims. Its position within the patent landscape depends heavily on the prior art, both domestic and international, and its enforceability hinges on claim validity and novelty.
For stakeholders, the key considerations include:
- Conducting comprehensive freedom-to-operate analyses to navigate around broad claims.
- Exploring opportunities for licensing or cross-licensing within the crowded patent space.
- Monitoring ongoing patent litigations and invalidation proceedings impacting similar patents in South Korea.
Key Takeaways
- Scope precision: The patent’s breadth depends on the specific chemical structures and formulations claimed; broad claims afford wider protection but risk invalidation.
- Competitive landscape: The patent landscape for pharmaceuticals in Korea is highly active, with overlapping patents covering similar compounds, requiring detailed prior art and freedom analyses.
- Strategic patent management: To maximize commercial benefits, patentees should pursue layered claims and territorial filings aligned with their product development timelines.
- Legal vigilance: Ongoing monitoring of patent validity challenges and litigations is essential for safeguarding market position.
- Innovation pathway: When innovating, aim to carve out novel, non-obvious improvements or applications to strengthen patent enforceability.
FAQs
1. What are the typical claims in Korean pharmaceutical patents like KR20080110751?
They generally include composition claims covering specific chemical compounds or classes, formulation claims, and therapeutic method claims. The independent claims tend to be broad, with dependent claims narrowing scope.
2. How does South Korea's patent landscape impact drug patenting strategies?
South Korea has a robust patent environment with frequent patent filings in biotech and pharmaceuticals. Effective strategies involve thorough prior art searches, regional patent family building, and narrow yet defensible claims.
3. Can a patent like KR20080110751 be challenged?
Yes, through opposition, nullity actions, or invalidation filings, particularly if prior art discloses similar compounds or methods before the filing date.
4. How does the patent landscape influence R&D investment in South Korea?
An active patent environment encourages innovation but also necessitates careful patent navigation to avoid infringement and secure freedom-to-operate, especially for late-stage commercialization.
5. What future trends should patent stakeholders in South Korea monitor?
Growing emphasis on personalized medicine, biologics, and targeted therapies; increased international patent filings; and evolving patentability standards related to biotech innovations.
Sources:
[1] South Korea Patent Office (KIPO).
[2] Patent No. KR20080110751 document and accompanying prosecution history.
[3] WIPO Patent Scope Database.
[4] Recent South Korean biotech patent trends reports (2022).
