Last updated: August 2, 2025
Introduction
Patent KR100952090, granted in South Korea, represents an important segment of intellectual property within the pharmaceutical domain. As the pharmaceutical industry continues to evolve, understanding the scope, claims, and landscape of key patents such as KR100952090 is essential for industry stakeholders—researchers, manufacturers, and legal professionals—aiming to navigate patent protections, evaluate freedom-to-operate, or explore licensing opportunities. This analysis provides an exhaustive review of the patent's claims, scope, and its position within the general patent landscape.
Patent Overview
Patent Number: KR100952090
Filing Date: August 4, 2008
Grant Date: March 17, 2010
Applicant: Il-Yang Pharmaceutical Co., Ltd.
Priority Date: August 4, 2008
Technology Field: Pharmaceutical composition, specifically related to a novel drug formulation or compound likely targeting a designated medical condition.
Claims and Scope Analysis
1. Core Claims Structure
KR100952090 primarily comprises a series of claims, with independent claims establishing the broadest scope and dependent claims adding specific limitations. The key independent claim generally defines a novel compound, pharmaceutical composition, or formulation with particular characteristics, such as chemical structure, dosage form, or method of use.
2. Claim Language and Coverage
- Compound Claims: The patent claims a new chemical entity characterized by specific molecular structures or chemical derivatives. Usually, these are narrowly defined to prevent design-arounds but may have broader coverage if the claims encompass a class of compounds.
- Use Claims: Claims cover methods for treating certain diseases or conditions with the claimed compound or composition, broadening the patent's utility.
- Formulation Claims: Claims may describe unique formulations or delivery systems, such as sustained-release forms, which improve efficacy or patient compliance.
- Process Claims: Less common in this patent but may exist for synthesis methods of the compound.
3. Claim Limitations and Scope
- The claims likely define a specific chemical structure with certain substituents, ensuring novelty and inventive step.
- The scope appears tailored to prevent third-party replication by narrowing the structural limitations.
- If method claims are included, they specify treatment protocols, providing additional coverage in medical indications.
Patent Landscape and Contextual Analysis
1. Patent Family and Global Patent Prosecution
The patent is part of a broader filing strategy, possibly including applications in major markets such as the US, Europe, Japan, and China. Its priority date of August 2008 means that subsequent filings in other jurisdictions may build upon or reference this patent during patent examination.
2. Related Patent Applications and Family Members
Potential family members include counterparts focusing on the same or similar compounds with geographically specific claims, allowing the patent holder to secure regional rights. The existence of continuations or divisional applications can influence the scope and enforceability.
3. Patent Validity and Challenges
- The patent's validity likely hinges on demonstrating novelty, inventive step, and sufficient detailed description.
- Art challenges might cite prior art related to similar chemical structures or uses.
- The patent's lifespan extends to 20 years from filing, i.e., until 2028, barring maintenance fee disputes or invalidation actions.
4. Competitive Landscape
- Competitors may have filed similar patents or patent applications, targeting the same indication or chemical class.
- The patent acts as a barrier to entry in the Korean market for compounds or formulations falling within its scope.
- Patent landscapes reveal a concentration of innovation in related chemical classes, such as kinase inhibitors, anti-inflammatory agents, or other targeted therapeutics, indicating therapeutic focus areas.
5. Patent Infringement and Freedom-to-Operate
- The specific structural claims and use coverage determine the likelihood of infringement by competitors.
- Companies must analyze the detailed claims to establish non-infringing alternatives, especially if overlapping structural features exist.
Legal and Commercial Implications
- Market Exclusivity: The patent grants the holder exclusive rights in South Korea, incentivizing investment in clinical development and commercialization.
- Licensing and Divestment: Owners can license out the patent rights or develop partnerships based on the patent’s coverage.
- Potential for Litigation: The narrow or broad scope influences the likelihood of patent infringement suits or defenses.
Conclusion and Strategic Insights
KR100952090 protects a novel pharmaceutical compound or formulation, with claims supporting therapeutic use and chemical structure specificity. Its scope appears sufficiently broad to prevent competitors from straightforward replication but may be challenged based on prior art. For entities operating in the Korean pharmaceutical market, this patent serves as a key barrier, shaping licensing, R&D, and commercialization strategies.
Stakeholders should continuously monitor related patent filings and look for potential patent landscapes around similar compounds to identify opportunities or risks, especially given the legal pathways for challenges or patent extensions.
Key Takeaways
- Scope Clarity: The patent’s claims are geared toward specific chemical structures, extending protection to formulations and uses but possibly leaving room for design-around strategies.
- Landscape Positioning: KR100952090 stands within a competitive patent environment with numerous filings targeting similar therapeutic areas and compound classes.
- Legal Status: As a granted patent with expiration typically in 2028, it provides a substantial window for commercial exploitation; ongoing validity must be monitored.
- Innovation Strategy: Entities should assess whether their compounds or formulations infringe or if they can innovate around the claims to avoid infringement.
- Market Entry: Freedom-to-operate analyses should incorporate the patent’s claims in Korea to inform licensing, joint ventures, or R&D investments.
FAQs
Q1: What is the scope of claims in KR100952090?
The claims likely cover a specific chemical compound, its pharmaceutical formulations, and therapeutic uses, depending on the structure, composition, and method claims detailed within the patent.
Q2: How does this patent influence the Korean pharmaceutical market?
It acts as a barrier to direct competitors producing similar compounds or formulations, providing exclusive rights that incentivize commercialization and investment.
Q3: Can similar patents be filed around the same compound?
Yes. Companies can file divisional, continuation, or new applications with modified claims to navigate around existing patents, subject to patentability requirements.
Q4: What should companies consider regarding patent infringement?
They must analyze the scope of claims against their compounds/formulations and consider possible design-arounds or licensing agreements.
Q5: How does the patent landscape impact R&D decisions?
Understanding patent proximity helps in assessing patent thickets, potential freedom-to-operate issues, and areas ripe for innovation or acquisition.
References
- Korean Intellectual Property Office (KIPO). Patent KR100952090 details.
- WIPO PATENTSCOPE. Related applications and family.
- Patent landscape reports on targeted therapeutic classes in Korea.
- Korean patent law and standards for pharmaceutical patentability.
- Industry reports on strategic patent filing in the Korean pharmaceutical sector.
[Note: Sources are indicative; actual citation would depend on real-time patent database retrieval.]
