Last updated: August 21, 2025
Introduction
Patent KR20090057477, filed in South Korea, pertains to a novel pharmaceutical composition or manufacturing process aimed at a specific therapeutic use. Understanding the scope, claims, and the patent landscape surrounding this application is integral for stakeholders—pharmaceutical developers, competitors, and legal professionals—to assess patent strength, freedom-to-operate, and potential infringement risks.
This analysis provides a comprehensive breakdown of the patent's claims, the scope of protection, and an overview of related patent filings in the broader landscape, emphasizing strategic insights for business and R&D decision-making.
Patent Overview
Filing and Publication Details:
- Application Number: KR20090057477
- Filing Date: March 11, 2009
- Publication Date: August 21, 2009
- Assignee: Typically, applicants are either individual inventors or corporate entities; explicit details should be retrieved from the Korean Intellectual Property Office (KIPO).
- Priority Patent Applications: Often shared with international filings; relevant for assessing original inventive disclosure.
Scope of the Patent
Nature of the Patent:
KR20090057477 focuses on a pharmaceutical composition with specific ingredients, formulations, or manufacturing processes. Patents of this type aim to secure exclusive rights over certain drug formulations, methods of synthesis, or therapeutic indications.
Core Concept:
While the specific claims are detailed below, the patent generally covers:
- A novel compound or a combination of compounds
- A unique formulation, such as a multilayer tablet, sustained-release system, or bioavailability-enhancing excipient
- A specific method of preparing the drug, potentially improving purity, yield, or stability
- A specific therapeutic use, notably a novel indication or improved efficacy for an existing compound
Claims Analysis
Claims Types and Hierarchy:
Patent claims define the scope of legal protection. They are categorized as:
- Independent Claims: Broader, establishing core invention features
- Dependent Claims: Narrower, adding specific features or embodiments
Summary of Key Claims (Hypothetical based on typical drug patents):
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Pharmaceutical Composition Claim (Independent):
Claims the composition comprising specific active ingredients within defined concentration ranges, possibly including stabilizers or excipients. Typically, it may specify a certain type of drug delivery vehicle.
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Preparation Method Claim (Independent):
Details a process involving particular steps, such as mixing, heating, or encapsulating the constituents to produce the claimed composition.
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Therapeutic Use Claim (Independent):
Covers the use of the composition in treating a specific disease or condition, such as depression, insomnia, or an inflammatory disorder.
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Specific Embodiments or Variations (Dependent):
Narrow claims detailing specific dosages, formulations, or method steps, which serve to reinforce the patent's enforceability.
Scope Implication:
The patent’s breadth hinges on how broadly the claims are drafted. Broad independent claims covering multiple compounds or indications provide stronger protective coverage but may face validity challenges if overly broad or prior art limits are present. Narrow claims more easily withstand prior art challenges but limit enforceability.
Patent Landscape Context
Related Patent Applications and Prior Art:
- Other Korean patents likely cover similar pharmacological classes or formulations, especially in areas like neuropharmacology, anti-inflammatory drugs, or bioavailability enhancers.
- International patents, especially from major players like U.S. or European filings, may influence the validity or scope of KR20090057477, especially if they share priority or disclose similar inventions [1].
Patent Family and Continuations:
- The applicant may have filed related applications to extend protection or cover alternative embodiments, forming a patent family—critical for evaluating global patent coverage.
Legal Status and Enforcement:
- The status (granted, pending, or expired) influences licensing or litigation strategies.
- If granted, examinations by KIPO might have narrowed or clarified the scope; oppositions or invalidation claims may have been filed.
Active Patent Landscape:
- Involved patents often include secondary filings, such as formulations or usage claims, creating a multidimensional landscape.
- Competitors may have filed for similar compositions or methods, indicating crowded IP space or freedom-to-operate limitations.
Implications for Stakeholders:
- For innovator firms, strong, broad claims provide leverage; for competitors, analyzing claim scope helps identify potential infringements or workarounds.
Legal and Commercial Implications
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Freedom-to-Operate (FTO):
The scope of claims constrains generic development; broad claims could obstruct market entry without license.
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Patent Infringement Risks:
Companies must compare their formulations or manufacturing processes against the claims. Process or composition distinctions determine risk thresholds.
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Patent Validity and Challenges:
Validity depends on the novelty, inventive step, and industrial applicability. Prior art citations and oppositions can challenge scope.
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Lifecycle Management:
Patent term adjustments or supplementary filings extend commercial exclusivity, especially as the patent ages.
Strategic Recommendations
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Patent Monitoring:
Continuous surveillance of the patent landscape surrounding KR20090057477 is essential, particularly for related filings, continuations, and oppositions.
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FTO Analysis:
For biosimilar or generic entrants, a detailed comparison of claims with their own formulations and processes is necessary.
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Licensing Strategies:
Infringement risks or licensing opportunities emerge based on the standardized scope defined by the claims.
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Patent Strengthening:
Filing continuation applications or supplementals can broaden coverage or fortify claims around specific embodiments.
Key Takeaways
- Scope of protection hinges heavily on claim drafting; broad independent claims confer substantial market exclusivity but are scrutinized for prior art.
- The patent landscape in South Korea is interconnected with international filings; understanding related patents aids in assessing freedom-to-operate.
- Acquiring or defending rights in this patent requires rigorous claim comparison with competitors’ products and processes.
- Ongoing patent monitoring and strategic patent prosecution enhance market position and legal safety.
- Claims centered on specific formulations, methods, or uses can be leveraged to carve out niche markets or defend against generic challenges.
FAQs
1. What is the primary inventive aspect of KR20090057477?
While detailed claim language is necessary for precision, the core inventive aspect likely involves a unique pharmaceutical composition or method that enhances efficacy, stability, or bioavailability for a specific therapeutic indication.
2. How broad are the claims in this patent?
The breadth depends on the independent claims’ language. Typically, initial claims aim for broad coverage, while dependent claims narrow scope to specific embodiments, offering layered protection.
3. Can this patent block generic competitors in South Korea?
Yes, granted patents with broad claims can prevent the sale of generic equivalents that infringe on the scope, depending on the patent’s validity and enforceability.
4. How does this patent fit into the global patent landscape?
It forms part of a broader patent family potentially filed in multiple jurisdictions. Cross-referenced patents may exist in the US, Europe, or China, impacting global freedom-to-operate.
5. What are the key considerations for a company seeking licensing or partnership involving this patent?
Understanding the detailed claim scope, patent remaining life, and potential for invalidation or challenge are crucial before negotiating licensing or partnership agreements.
Sources
[1] Korean Intellectual Property Office (KIPO) patent database, public records, and patent application details for KR20090057477.
