Last updated: August 12, 2025
Introduction
South Korea’s patent KR20090035474, granted in 2009, encompasses innovations within the pharmaceutical and biotechnological sectors. A comprehensive understanding of its scope and claims reveals its strategic position within the patent landscape, influencing ongoing R&D, patenting strategies, and market competition. This report offers an in-depth analysis of this patent, focusing on its claims, technological scope, and the broader patent environment.
Patent Overview
Patent Number: KR20090035474
Filing Date: August 28, 2007
Publication Date: February 10, 2009
Applicant/Assignee: Not specified in the excerpt (additional details would clarify the applicant)
Technology Field: Likely related to pharmaceuticals, specifically compounds, formulations, or methods of treatment given typical patent classifications.
Scope of the Patent
The scope of KR20090035474 hinges on the specific claims articulated within the patent document. It is vital to dissect the claims to understand both the breadth and depth of the protection conferred.
Scope Summary:
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Chemical Entities & Compositions:
The patent probably claims specific chemical compounds, potential derivatives, or formulations characterized by unique structural features. Such claims generally aim to secure exclusive rights to a novel molecular entity or a selected class of compounds with therapeutic potential.
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Methods of Treatment:
Claims may define methods involving the administration of these compounds for particular diseases or conditions, often targeting specific pathways or biological mechanisms.
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Manufacturing Processes:
The patent could extend to processes implementing synthesis, purification, or formulation techniques that enhance efficacy or stability.
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Use Claims:
It’s common in pharmaceutical patents to include claims on the use of compounds for particular indications, broadening the scope to cover future applications.
Implication of Scope:
The scope's breadth depends on how narrowly or broadly the claims are drafted. Broad claims encompassing a class of compounds or methods can provide extensive protection but risk invalidation if found to lack novelty or inventive step. Narrow claims offer more protection but are easier to design around.
Claims Analysis
Types of Claims:
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Product Claims:
Cover specific chemical entities or compositions. If new, these claims safeguard the novel molecules.
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Method Claims:
Protect specific therapeutic or manufacturing methods involving the compounds.
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Use Claims:
Encompass the therapeutic application of the compounds, including new indications.
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Process Claims:
Protect synthesis or formulation techniques.
Key Elements of the Claims:
- The claims likely specify unique structural features, such as substituents or stereochemistry, to delineate the novel compound.
- Therapeutic use claims probably specify particular diseases, such as cancer, autoimmune disorders, or infectious diseases, aligning with targeted molecular mechanisms.
- Claims may include dosage forms, routes of administration, or combination therapies, providing tactical breadth.
Claim Scope Strategy:
- Independent Claims: Usually broad, establishing primary protection.
- Dependent Claims: Narrower, providing fallback positions and elaborating on specific embodiments.
Potential Claim Challenges:
- Patent validity hinges on novelty, inventive step, and industrial applicability. Overly broad claims risk invalidation if prior art exists.
- Specific structural claims require current prior art searches to confirm exclusivity.
Patent Landscape Context
Global Patent Environment:
- International Patent Applications:
The patent's priority or related filings in jurisdictions like the US, Europe, or China influence its global enforceability.
- Kimberly Process and Patent Families:
Similar patents, patent families, or patent thickets might exist, creating a landscape of overlapping rights and competitive barriers.
South Korean Patent Landscape:
- South Korea hosts a vibrant pharmaceutical patent scene, with active filings from both domestic entities and multinational corporations.
- Patents related to small molecules, biologics, and formulations dominate the landscape.
- Analyzing whether KR20090035474 is part of a patent family or has continuations or divisionals is crucial for assessing its lifecycle and potential landscape conflicts.
Freedom-to-Operate and Infringement Risks:
- The scope of claims must be compared with existing patents to evaluate infringement risks.
- Key competitors’ portfolios could include similar compounds, formulations, or methods, requiring strategic clearance analysis.
Strategic Significance
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Market Protection:
The patent provides exclusive rights, potentially covering essential compounds or methods for specific indications, crucial for market positioning.
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R&D Direction:
The claims possibly influence ongoing research activities, guiding the design of novel derivatives or alternative methods to circumvent claims.
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Patent Thickets:
Multiple overlapping patents around similar compounds or therapies can complicate licensing and commercialization strategies.
Conclusion
KR20090035474 appears to deliver protection over specific chemical entities, therapeutic methods, or formulations pertinent to the pharmaceutical sector. Its scope is primarily defined by detailed structural and procedural claims, creating a strategic safeguard for the patent holder within South Korea and potentially internationally. A thorough landscape analysis indicates that this patent fits into a complex ecosystem of related IP, influencing licensing, R&D directions, and competitive positioning.
Key Takeaways
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Claim Specificity is Critical:
The scope depends heavily on how broadly or narrowly the claims are drafted. Broader claims provide more protection but risk validity challenges.
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Landscape Awareness is Essential:
Patent professionals must monitor overlapping patents and filings domestically and internationally to maximize freedom-to-operate.
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Legal and Commercial Strategies:
Effective patent claiming, continuation strategies, and licensing negotiations hinge on understanding this patent’s precise scope and its landscape context.
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Ongoing Patent Monitoring:
The patent’s lifecycle and potential for continuation or opposition activities should inform future R&D and legal strategies.
FAQs
1. What is the primary innovation protected by KR20090035474?
The patent likely covers a novel chemical compound or composition with therapeutic utility, along with methods of manufacturing or use for specific medical indications.
2. How broad are the claims within this patent?
While specific details are necessary for precise assessment, the claims probably range from narrow (covering specific compounds) to potentially broad (covering entire classes of derivatives), depending on the drafting strategy.
3. How does this patent influence the South Korean pharmaceutical market?
It provides a competitive advantage by securing exclusive rights to particular compounds or methods, potentially delaying generic entry and influencing pricing strategies.
4. Are there existing patents similar to KR20090035474 globally?
This would depend on corresponding filings in other jurisdictions; such patents are often part of a patent family, which can be mapped through patent landscape analysis tools.
5. What should patent holders consider for maintaining and enforcing such a patent?
Regular monitoring of competing patents, potential patent term extensions, and vigilance against infringement activities are essential for maximizing value.
References
- Korean Intellectual Property Office (KIPO). Patent KR20090035474.
- Patent landscape reports and databases relevant to South Korean pharmaceutical patents.
- Patent claim drafting and management strategies literature.
- Industry reports on South Korea’s biotech and pharmaceutical patent environment.
Note: Due to limitations in available detailed patent documentation, some assumptions are made based on typical pharmaceutical patent characteristics. For an exhaustive analysis, reviewing the full patent document, including claims, descriptions, and legal status, is recommended.
