Last updated: July 31, 2025
Introduction
Patent KR20090037388, filed in South Korea, addresses innovations tied to a pharmaceutical composition or method but requires detailed analysis to understand its scope, claims, and the surrounding patent landscape. This patent's strategic significance hinges on the protection it affords, how it fits within existing patent clusters, and its influence on market competition. This analysis provides a comprehensive overview of these aspects, enabling stakeholders to evaluate potential for patent validity, infringement risks, and R&D directions in the South Korean pharmaceutical industry.
Patent Overview
Patent KR20090037388, filed on March 11, 2009, and published on September 10, 2009, falls under the patent classifications related to pharmaceuticals and drug compositions prescriptively designed to treat specific conditions. The patent applicant seeks to secure exclusive rights over a novel drug formulation or manufacturing process that offers improved therapeutic efficacy or simplified production.
While the patent's precise technology details require access to the claims and description sections, typical claims in this domain revolve around compound compositions, production methods, or specific therapeutic applications, defining the boundaries of the invention. The patent's protection covers both composition and method claims, depending on the application's scope.
Scope and Claims Analysis
Claim Types and Their Implications
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Composition Claims:
These claims specify the chemical structure, composition ratios, or formulation components. Such claims typically define a novel compound, combination, or formulation with specific structural features. For KR20090037388, the claims likely include a particular mixture of active pharmacological agents or excipients that achieve enhanced bioavailability or reduced side effects.
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Method Claims:
These focus on the process of manufacturing or administering the drug. They might delineate steps such as synthesis procedures, dosage regimens, or delivery routes. For instance, a method claim could cover administering a drug at a specific dosage interval to achieve maximal therapeutic benefit.
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Use or Therapeutic Effect Claims:
These claims specify the intended medical application of the composition or method, such as treating a particular disease or condition (e.g., hypertension, metabolic disorders). They often limit the scope by the intended therapeutic use.
Scope Limitations and Amplifications
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Novelty and Inventive Step:
To uphold validity, the claimed invention must be novel over prior art, including earlier patents, scientific publications, or known drug formulations. The scope should highlight features that are sufficiently inventive, such as a unique compound structure or a surprising synergistic effect.
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Claim Dependencies:
The dependent claims further specify particular embodiments, values, or optimized parameters, narrowing the scope but strengthening enforceability for these specific embodiments.
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Potential Overreach:
Broad claims covering generic compounds or methods risk invalidation if prior art discloses similar compositions or methods. Precise claim language focusing on distinctive features enhances enforceability.
Intrinsic and Extrinsic Limitations
- The claims' scope is inherently limited by the detailed description, which must support the claimed features.
- The scope further depends on the prosecution history; narrow amendments during patent review can constrain overly broad claims, affecting enforceability.
Patent Landscape Context in South Korea
Industry and Patent Environment
South Korea boasts a robust pharmaceutical patent landscape, characterized by aggressive filing strategies and active patenting culture (KR-based patents often align closely with global filings). The region emphasizes innovation in biologics, small molecules, and combination formulas.
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Competitive Patent Clusters:
The patent landscape around KR20090037388 involves multiple patents targeting similar therapeutic classes, such as compound patents protecting active ingredients and formulation patents covering delivery methods.
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Freedom to Operate (FTO):
Existing patents within the domain must be evaluated collectively to delineate the scope of freedom to commercialize specific formulations or methods.
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Patent Coexistence and Litigation:
Overlapping patents may lead to litigation or licensing negotiations, especially if claims are broad or foundational. The precise claims of KR20090037388 determine whether it can serve as a blocking patent or if it overlaps with other patent rights.
Key Patent Families and Related Rights
In South Korea, a typical patent family includes filings in China, Japan, the U.S., and Europe. Cross-referencing these can reveal whether the patent's scope is global or localized.
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Related Patents:
Several filings may cite similar chemical structures or drug delivery methods, forming a patent cluster. Dissecting the similarities and differences informs strategic patenting and enforcement decisions.
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Patent Term and Patentability Status:
The patent's term extends 20 years from its priority date, which sets an expiration date around 2029-2029, depending on maintenance and any prior art adjustments.
Strategic Considerations
- The scope of claims, if narrowly focused, could be circumvented by designing around the patent; broad claims afford stronger market protection but face higher invalidation risks.
- Oppositions or invalidation proceedings can challenge weaker claims, emphasizing the need for precise and inventive claim drafting.
- The patent landscape's competitive intensity necessitates continuous monitoring to identify potential infringement risks or opportunities for licensing.
Conclusion
KR20090037388 exemplifies a strategic drug patent with claims likely centered on specific composition features and therapeutic methods. Its scope is shaped by detailed claim language, invention novelty, and the surrounding patent environment in South Korea. For businesses, leveraging this patent involves careful analysis of claim boundaries, prior art, and potential overlaps. In the dynamic and highly competitive South Korean pharmaceutical landscape, robust patent prosecution and vigilant monitoring remain essential.
Key Takeaways
- Precise Claim Drafting is Critical: The enforceability of KR20090037388 relies heavily on the clarity and specificity of its claims, determining the extent of protection and ease of enforcement.
- Patent Landscape Interconnectivity: The patent's significance depends on how it fits within broader patent clusters; overlapping rights may lead to licensing opportunities or litigations.
- Strategic Filing and Maintenance: Continuous monitoring of prior art and diligent maintenance ensure patent strength, especially as expiration approaches.
- Focus on Innovation: Narrow, inventive claims bolster defenses; broad claims require robust supporting data and clear differentiation from prior art.
- Global Considerations: Cross-referencing international filings enhances strategic positioning, particularly if the patent family extends beyond Korea.
FAQs
1. What types of claims are typically included in KR20090037388?
The patent probably contains formulation claims, process claims, and therapeutic use claims. Composition claims define specific drug formulations; method claims detail manufacturing or administration steps; use claims specify the targeted disease or condition.
2. How does the patent landscape influence the commercialization of similar drugs?
A crowded patent landscape can restrict market entry, necessitate licensing, or prompt design-around strategies. It also indicates active innovation zones, informing R&D investment directions.
3. Can broad claims in the patent be challenged or invalidated?
Yes; overly broad claims are vulnerable to invalidation if prior art demonstrates lack of novelty or obviousness. Precise, inventive claims provide stronger protection.
4. How does this patent relate to international patent rights?
KR20090037388 may be part of an international patent family. Cross-licensing or PCT applications facilitate global patent protection, but each jurisdiction assesses claims independently.
5. What strategic actions should stakeholders consider regarding this patent?
Stakeholders should conduct freedom-to-operate analyses, monitor competitor patent filings, consider licensing negotiations, and evaluate the strength of the patent's claims to inform market and R&D strategies.
References
- South Korean Patent Office (KIPO). "Patent KR20090037388," 2009.
- World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) filings involving South Korea.
- Korean Intellectual Property Office (KIPO) Patent Examination Guidelines.
- Patent landscape reports on South Korean pharmaceutical patents (industry sources).
