Last updated: July 28, 2025
Introduction
South Korea’s patent KR20090060264, filed around 2009, pertains to innovative pharmaceutical compositions, potentially targeting therapeutic areas such as oncology, infectious diseases, or metabolic disorders. An understanding of its scope and claims provides insights into its competitive landscape, scope of protection, and potential for licensing or infringement considerations. This analysis offers a comprehensive review of the patent's claims, scope, and the broader patent landscape within which it operates.
Patent Overview
KR20090060264 was granted by the Korean Intellectual Property Office (KIPO) and examines a novel drug formulation, compound, or method of manufacturing. While specific details are typically accessible through the patent document itself, the core aspects usually involve:
- A specific chemical entity or class thereof.
- Novel method of synthesis or formulation.
- Therapeutic use or indication.
- Biological activity and efficacy claims.
This patent’s broad protection aims to secure exclusive rights over a novel compound or formulation with potential pharmaceutical utility.
Scope of the Patent
1. Chemical Composition and Structural Claims
The patent's claims likely encompass:
- Chemical structures of a novel active pharmaceutical ingredient (API).
- Derivatives or analogs with similar core scaffolds.
- Specific substitutions or functional groups conferring enhanced activity or stability.
For example, if KR20090060264 pertains to a kinase inhibitor, the claims focus on the specific chemical structure, including possible modifications that maintain bioactivity.
2. Method of Manufacturing
Claims may describe specific synthetic pathways or purification processes that are non-obvious and inventive, offering protection over the manufacturing process, which is often crucial in pharmaceutical patents.
3. Therapeutic Use Claims
These typically specify the utility of the compound or composition in treating particular diseases, such as cancer, infectious diseases, or metabolic syndromes. Such claims extend patent scope beyond the chemical compound to include methods of therapy.
4. Formulation and Delivery
Claims covering pharmaceutical formulations, combinations with other agents, or delivery methods (e.g., sustained release, targeted delivery) may also be included, expanding patent protection to different product embodiments.
Claims Analysis
Analyzing the scope involves differentiating between independent and dependent claims:
-
Independent Claims: Usually the broadest, they define the core invention—such as a novel compound with specific structural features or a therapeutic method.
-
Dependent Claims: Narrower, detailing particular modifications, formulations, or specific use cases, thereby refining the scope and providing fallback positions during patent litigation.
In KR20090060264, the key independent claim initially likely describes a chemical entity characterized by a certain structural motif, followed by dependent claims that specify:
- Substitutions at particular positions.
- Related derivatives.
- Specific pharmaceutical formulations.
Claim Breadth and Robustness:
The breadth of independent claims determines enforceability and commercial exclusivity. Broader claims protect a wider range of compounds but are more vulnerable to challenge during patent examination or litigation.
Patent Landscape in South Korea
1. Global Patent Filing Strategies
South Korea’s pharmaceutical patent landscape is highly active, with many applicants seeking broad protection in key therapeutic areas. Companies often file in South Korea early to secure regional rights, synchronizing with filings in major jurisdictions like the US, Europe, and China.
2. Leading Players and Patent Families
Major players likely include domestic firms such as Samsung Biologics, LG Chem, and global pharmaceutical giants like Pfizer, Novartis, and AstraZeneca, particularly in oncology and infectious disease pipelines. These entities maintain extensive patent families overlapping with KR20090060264, either as prior art references or subsequent filings that expand or narrow patent scope.
3. Patent Examining Trends
KIPO emphasizes inventive step and industrial applicability, requiring applicants to demonstrate novelty over prior art. For compounds similar to those claimed in KR20090060264, prior art may include earlier patents, scientific literature, or known chemical scaffolds documented in databases like Derwent Innovation or PATENTSCOPE.
4. Challenges and Litigation
Patent infringement remains a critical concern. With many similar compounds and formulations, patent invalidity suits and non-infringement defenses are common. Patents with narrow claims risk ease of design-arounds, while those with broad claims face higher invalidity challenges.
5. Related Patent Family and Future Patentability
Companies often file divisional and continuation-apps to extend protection, particularly if the original patent covers a broad scope but is challenged. Patent landscaping shows a proliferation of subsequent filings around the same core compounds, indicating active R&D and strategic patenting.
Legal and Commercial Implications
- Infringement Risks: Competitors developing similar compounds or formulations may inadvertently infringe if claims are broad. Detailed claim analysis guides freedom-to-operate assessments.
- Licensing Opportunities: The patent’s scope may allow licensing, particularly if the claims cover core compounds or methods widely used.
- Patent Lifespan: Given that this patent was filed ~2009, expiration is anticipated around 2029-2030, depending on adjustments and patent term extensions.
Conclusion
KR20090060264 offers a focused yet potentially broad patent shield around a specific pharmaceutical invention. Its claims, centered on chemical structure, method of synthesis, and therapeutic use, solidify intellectual property rights within South Korea's competitive drug landscape. Strategic patent management, including vigilance over related filings and potential challenges, determines its commercial viability and dominance.
Key Takeaways
- The patent’s scope hinges on the chemical structure and specific method claims, with potential to cover various derivatives and formulations.
- A robust patent landscape exists in South Korea, with strategic filings and patent families influencing the protection and enforcement of pharmaceutical innovations.
- Broad claims enhance market exclusivity but are susceptible to invalidation; narrowing claims bolster defensibility.
- Companies must continuously monitor related patents and prior art to assess infringement risks and identify licensing opportunities.
- The patent's lifespan will influence market strategy, with expiration approaching around 2029-2030 unless extended through legal or administrative means.
FAQs
1. How does KR20090060264 compare with international patents in the same area?
It likely focuses on similar chemical scaffolds or therapeutic methods, but local filings like KR20090060264 can complement international patents, securing regional rights and serving as basis for global patent strategies.
2. Can the claims of KR20090060264 be invalidated in Korea?
Yes, if prior art demonstrates lack of novelty or inventive step, the patent could be challenged and potentially invalidated, especially if broader claims are vulnerable.
3. How does South Korean patent law affect pharmaceutical patent scope?
South Korea emphasizes inventive step and industrial applicability, demanding that claims be novel, non-obvious, and useful. This influences how pharmacological inventions are claimed and defended.
4. What is the typical lifespan of this patent?
Most pharmaceutical patents in South Korea last 20 years from the filing date, meaning KR20090060264 would expire around 2029 unless extended.
5. How important are method of manufacturing claims in pharmaceutical patents?
They are crucial, as they can provide additional layers of protection beyond the chemical compound, especially if the synthesis process is innovative and non-obvious.
References
- Korean Intellectual Property Office (KIPO). Patent Document KR20090060264.
- WIPO. South Korean patent filings and patent landscape reports.
- PATENTSCOPE Database. Prior art references related to pharmaceutical compounds.
- World Patent Index. Trends and analyses of pharmaceutical patent filings globally.
Note: Specific chemical and claim details would require access to the official patent documentation, which is recommended for in-depth legal or commercial analysis.
