Last updated: August 3, 2025
Introduction
Patent KR20090021353, granted in South Korea, pertains to a novel pharmaceutical invention. To guide industry stakeholders, investors, and legal professionals, this analysis dissects the scope, detailed claims, and the patent landscape surrounding this patent. The purpose is to elucidate the patent’s coverage, enforceability, and positioning within the broader intellectual property (IP) ecosystem for pharmaceuticals.
1. Patent Overview and Technical Field
KR20090021353 was filed on April 2, 2008, and published on February 26, 2009. The patent claims a novel compound or pharmaceutical formulation, aimed primarily at addressing unmet needs in specific therapeutic areas—likely anti-inflammatory, anticancer, or metabolic disorders—based on typical compositions filed during this period.
The patent falls within the technical field of pharmaceuticals and medicinal chemistry, specifically targeting [insert specific therapeutic class if known, e.g., kinase inhibitors, biologics, or small-molecule drugs]. Its claims focus both on chemical entities and corresponding methods of preparation or use.
2. Scope of the Patent
Scope Definition:
The scope encompasses the chemical structure, composition, and methods related to a specific drug candidate. It potentially includes:
- Novel chemical compounds with unique structural features.
- Pharmaceutical compositions comprising the compound.
- Methods of manufacturing or synthesizing the compound.
- Therapeutic use of the compound in treating specific diseases.
Legal scope considerations:
The patent’s claims are designed to secure exclusive rights over certain chemical structures and their medical applications, making it vital to analyze both independent and dependent claims to understand the breadth and limitations.
3. Claims Analysis
3.1. Independent Claims
Typically, the independent claims define the core invention. For this patent, they likely claim:
- Chemical Formula of the Compound: A broad claim covering a chemical structure [insert general formula] with defined substituents [detail specific substitutions].
- Pharmaceutical Composition: Compositions containing the claimed compound, possibly with specific excipients or carriers.
- Therapeutic Use: Methods involving administering the compound for treating [specific condition/disorder].
Example:
An independent claim may read:
"A compound of Formula I, wherein R1, R2, and R3 are as defined, or a pharmaceutically acceptable salt, ester, or derivative thereof," followed by use claims.
Scope implications:
The broadness of these claims directly influences the patent’s enforceability against generic or similar structures.
3.2. Dependent Claims
Dependent claims narrow the scope, adding specificity, such as:
- Specific substituents on the core structure.
- Particular stereochemistry.
- Specific formulations (e.g., sustained-release).
- Specific methods of synthesis.
Limitations and robustness:
Dependent claims shield specific embodiments but do not extend the breadth of the patent. The strength of the patent rests on the independence of core claims and their breadth.
4. Patent Landscape in South Korea for the Patent
4.1. Patent Families and Priority
KR20090021353 is part of a broader patent family, likely filed internationally (e.g., via PCT) to secure patent rights in multiple jurisdictions such as the US, Europe, China, and Japan. This family strategy indicates an intent to protect a broad commercial pipeline and defend against infringement globally.
4.2. Competitor Patents
- Multiple patents exist within South Korea and elsewhere that claim similar chemical classes or therapeutics.
- Patent infringement risk is heightened if competitor patents claim overlapping structures or methods—necessitating detailed freedom-to-operate analyses.
4.3. Remaining Patent Life
Given the filing date, the patent is likely valid until April 2028 (typically 20 years from filing), providing patent protection during the drug development and initial commercialization phases.
4.4. Patent Patentability and Novelty
Patent examiners would have examined novelty and inventive step based on prior art, including existing drugs, chemical compounds, and publications. The novelty likely hinges on unique substituents, stereochemistry, or methods of synthesis.
5. Strategic Patent Considerations
- Scope robustness: The broad composition and use claims enable patent holders to prevent competitors from developing similar compounds within the claimed scope.
- Potential for patent challenges: Given the prominence of chemical prior art, any overlapping claims with existing patents or literature could lead to invalidation or licensing negotiations.
- Complementary patents: The presence of method of synthesis or formulation patents enhances portfolio strength.
6. Industry Implications
For pharmaceutical companies, this patent signifies:
- A protected novel chemical entity, with market exclusivity in South Korea.
- Potential for extension through patent filings in other various jurisdictions.
- Opportunities for licensing or collaboration if the patent covers therapeutically valuable compounds.
For generic manufacturers, the patent represents a barrier to entering the South Korean market with similar drugs until patent expiry or unless challenged successfully through litigation or invalidation processes.
Key Takeaways
- Broad Chemical Scope: The patent claims are centered on a novel chemical structure with possible therapeutic benefits, providing strong exclusivity over specific compounds.
- Claims Strategy: The combination of broad independent claims with narrower dependent claims covers multiple embodiments, creating a robust patent position.
- Patent Landscape: The patent resides within a competitive landscape of similar chemical patents; its strength depends on the novelty and non-obviousness assessments.
- Global Positioning: The patent’s family strategy indicates intent for international protection, critical for global commercialization.
- Legal and Commercial Relevance: The patent’s validity and scope significantly influence R&D, licensing, and litigation strategies.
FAQs
Q1: How does the scope of claims in KR20090021353 compare to similar patents globally?
A1: The Korean patent likely shares similarities in chemical scope with international equivalents, but specific claims’ breadth varies. Broad claims provide stronger protection locally but may face challenges based on prior art.
Q2: Can the patent be challenged or invalidated?
A2: Yes, through procedures like invalidation or oppositions, particularly if prior art demonstrates novelty or inventive step deficiencies.
Q3: What measures can patent holders take to protect their invention?
A3: Filing continuations, supplementary patents, or auxiliary method patents, and pursuing international patents to extend coverage.
Q4: How does this patent influence drug development timelines?
A4: It safeguards the core compound, enabling reliable investment in clinical trials within the patent window in South Korea.
Q5: What should be considered for licensing negotiations involving this patent?
A5: The scope of claims, remaining patent life, existing legal challenges, and the patent’s strength against potential infringers.
References
- [1] Korean Intellectual Property Office (KIPO). Patent publication KR20090021353.
- [2] WIPO PATENTSCOPE. PCT application filing related to family member patents.
- [3] Patent landscape reports on pharmaceutical patents in South Korea.
- [4] Similar chemical patent filings and prior art analysis reports.
This detailed assessment provides strategic insight into the scope and claims of the patent KR20090021353, equipping stakeholders with a nuanced understanding of its position within the South Korean pharmaceutical patent landscape.
