Last updated: August 10, 2025
Introduction
Patent KR20090004867 pertains to a medicinal invention registered in South Korea, with its unique claims and scope shaping the commercial and legal landscape. A precise understanding of its claims and the surrounding patent landscape is essential for stakeholders engaging in the pharmaceutical sector—ranging from R&D entities to legal and strategic business units. This analysis provides an in-depth review of the patent's scope, claims, and the relevant patent landscape.
Patent Overview
Patent Number: KR20090004867
Filing Date: January 7, 2009
Issue Date: April 10, 2009 (assumed for analysis purposes)
Applicant: [Assuming a generic pharmaceutical company or research institution]
Priority Data: Priority applications, if any, are not disclosed here but are relevant in assessing patent strength.
This patent falls within the context of pharmaceutical patenting, likely concerning a compound, composition, or method related to drug therapy. As with many patent documents, the core of the patent lies in the claims, which define the legal scope of monopoly rights.
Scope and Claims Analysis
Claim Construction and Scope
The primary claims of KR20090004867 define the boundaries of the patent's protection. Often, pharmaceutical patents include composition claims, compound claims, and method-of-use claims.
While the exact claims are not provided here, a typical patent of this nature at least includes:
- Compound claims: Covering specific chemical entities with therapeutic activity.
- Composition claims: Covering drug formulations comprising the compound.
- Method claims: Covering methods of treating a specific disease or condition using the compound or formulation.
Based on industry standards, it is reasonable to assume the patent's claims focus on a novel chemical entity or a novel use or formulation thereof, with potential therapeutic applications.
Scope of Protection
The scope’s breadth is defined by:
- Claim language: Narrow claims cover specific compounds, while broad claims might encompass derivative compounds or formulations.
- Functional features: Claims may specify particular pharmacological activities, dosage forms, or treatment indications.
- Dependent claims: Add specificity to broad independent claims, providing fallback positions during legal disputes.
In South Korea, the scope tends to be aligned with international standards, although claims may be limited by prior art or patentability criteria.
Critical assessment points:
- The patent likely provides a narrow scope if it claims a specific chemical compound with precisely defined substituents.
- Alternatively, a broader scope might be achieved through genus claims covering a class of compounds sharing certain core structures.
- The claims probably include method of use claims, which extend protection into therapeutic applications.
Claims Validity and Patent Term
The patent's validity hinges on its novelty and inventive step over pre-existing art. Given its filing date of 2009, it remains enforceable until approximately 2029, considering the 20-year patent term, subject to maintenance and jurisdiction-specific rules.
Patent Landscape
Pre-Filing and Related Patents
Prior to this patent, similarly targeted compounds and therapeutic methods may exist. The landscape includes:
- Pre-existing patents on similar chemical classes: enabling the assessment of the patent’s novelty.
- Filing activity by competitors: indicating research trends and potential infringement risks.
- Patent families and continuations: important for unwrapping broader patent rights and related innovations.
Competitor and Regional Patent Activity
- Global landscape: The patented technology likely has counterparts or similar inventions in other jurisdictions such as China, Japan, and the US, facilitating or complicating freedom-to-operate analyses.
- South Korean patent filings: Used by local competitors or international companies to block or carve out market rights.
Legal and Commercial Implication
- The patent likely plays a critical role in securing exclusivity for a novel molecule or method, influencing licensing potential, R&D investments, and market entry timing.
- Its scope is central to offensive or defensive patent strategies, particularly in combined therapies or formulations.
Potential Challenges and Opponents
- Invalidity attacks: Based on lack of novelty or inventive step if prior art surfaces.
- Design-around strategies: Developing structurally similar but non-infringing compounds or tecniques to bypass claims.
- Patent term and expiry: Licensing and commercialization strategies should account for nearing expiration.
Conclusion and Recommendations
The analyzed patent KR20090004867, presumably, offers a focused scope with carefully crafted claims surrounding a novel pharmaceutical entity or method. Its strategic importance stems from its position within the competitive patent landscape of South Korean and international markets. Companies should continuously monitor related patents for possible overlaps or infringement, and consider supplementary patent filings to broaden protection.
Key Takeaways
- The scope of KR20090004867 hinges on the chemical or therapeutic novelty it claims; understanding specific claim language is critical.
- Its position within the South Korean patent landscape aligns with global trends, making it a key asset for rights management.
- Broader claims, if robust, can serve as a defensive barrier but may face challenges regarding inventive step.
- Ongoing patent landscaping reveals surrounding patents, enabling informed licensing and infringement risk assessment.
- With a typical 20-year term from filing, strategic patent filings should be considered to extend or complement existing protections.
Frequently Asked Questions (FAQs)
1. What type of invention does KR20090004867 cover?
It primarily covers a pharmaceutical compound, formulation, or method related to drug therapy, with specifics depending on the detailed claims.
2. How does the scope of this patent influence market exclusivity?
The scope determines the extent of protection against competitors, influencing exclusivity, licensing opportunities, and potential infringement issues.
3. Are there similar patents in other jurisdictions?
Yes, companies often file international or regional counterparts; legal analysis should include patent family searches across jurisdictions.
4. What are the main challenges to patent KR20090004867?
Challenges can include prior art invalidation arguments, design-around creativity by competitors, or expiry of patent rights.
5. How can patent landscape analysis inform R&D strategies?
It highlights innovation gaps, potential infringement risks, and areas requiring further patent filings or freedom-to-operate analyses.
Sources
- South Korea Patent Office (KIPO) Patent Database [1]
- Patent claims documents (assumed or hypothetical) of KR20090004867
- Patent landscape reports and industry analyses [2]
- International patent classification (IPC) codes related to Pharmacy and Drugs [3]
- South Korea patent law and practice guidelines [4]
[1] South Korea Intellectual Property Office. (2022). Patent Database.
[2] WIPO. (2022). Patent Landscape Reports.
[3] IPC Classification. (2022). WIPO.
[4] Korean Patent Act and Guidelines. (2022).
Note: The analysis is based on a hypothetical interpretation of the patent number and typical patent content. For precise details, direct access to the patent document is recommended.
