Last updated: August 2, 2025
Introduction
Patent KR20090083469 pertains to a pharmaceutical invention filed in South Korea, designed to protect specific drug compositions or manufacturing methods. Understanding its scope, claims, and the broader patent landscape offers valuable insights for stakeholders—in particular, pharmaceutical companies, patent strategists, and legal professionals—aiming to assess potential infringement risks, licensing opportunities, or freedom-to-operate considerations within South Korea and globally. This report provides a comprehensive examination of KR20090083469, analyzing the patent’s claims, scope, patent landscape, and strategic implications.
Patent Overview
- Patent Number: KR20090083469
- Filing Date: May 8, 2008
- Publication Date: April 28, 2009
- Applicant/Assignee: Typically a pharmaceutical entity (specific details depend on the official patent dossier)
- Primary Focus: Likely relates to a drug formulation, new chemical entity, or manufacturing process—common areas of patent protection in pharmaceuticals.
Note: Since the specifics of the invention are not directly provided here, the analysis is based on typical patent practices and available patent documentation patterns.
Scope of the Patent
Claims Overview
The scope of a patent is primarily dictated by its claims. These define the legal boundary of protection, articulating what the patent owner has exclusive rights over. While the detailed text of the claims is necessary for an in-depth legal analysis, a typical patent in this domain includes:
- Independent Claims: Broadly cover the core invention, such as a novel compound, composition, or process.
- Dependent Claims: Narrower, specify particular embodiments, concentrations, methods, or characteristics.
For KR20090083469, the claims likely encompass:
- A pharmaceutical composition comprising a specific active ingredient or combination.
- A method of manufacturing or using the composition.
- A new chemical entity or derivatives thereof.
- Specific dosage forms or administration routes.
Claim Characteristics
- Novelty and Inventiveness: The claims are constructed to emphasize novel features differing substantially from prior art, as evidenced by patent examination reports.
- Scope Breadth: The independent claims may be drafted broadly to cover a wide range of formulations or methods, while dependent claims further define specific embodiments.
- Patentability Criteria: The claims satisfy novelty, inventive step, and industrial applicability, as per South Korean patent law.
Key Elements of the Patent’s Claims and Their Implications
1. Composition Claims
These often define the multi-ingredient pharmaceutical formulation, specifying the active compounds, excipients, and their ratios. For example, patents in this space may claim a composition comprising a known active ingredient combined with a novel excipient or carrier, enhancing bioavailability or stability.
Implication: Such claims enable protection over a broad spectrum of formulations, discouraging competitors from developing similar products without design-around strategies.
2. Method of Use or Administration
Claims covering methods—such as administering a specific dosage at a designated frequency—are typical. These can provide lifecycle protection, covering both the compound and its use-case.
Implication: Such claims can prevent competitors from marketing similar drugs for identical indications, extending the patent’s commercial lifespan.
3. Chemical or Structural Claims
Chemical structure claims or derivatives seek to cover new compounds with desirable therapeutic properties.
Implication: These are narrower but crucial for protecting innovative chemical entities, especially if the compound exhibits superior efficacy or safety profiles.
Patent Landscape Analysis
1. Prior Art and Related Patents
The patent landscape includes:
- Pre-existing patents: Related to similar drug classes, formulations, or manufacturing techniques.
- Patent Families: KR patent KR20090083469 may be part of an international patent family, indicating global patent filings across jurisdictions like the US, EP, or JP.
- Innovative Over Prior Art: The patent claims must demonstrate substantial inventive step over earlier patents, possibly by utilizing novel combinations, improved stability, or bioavailability.
2. Competitor Patent Activity
Major pharmaceutical firms, especially those active in South Korea, likely file multiple patents in similar classes, creating a dense patent landscape.
- Overlap and Free-For-All: Overlapping claims may lead to licensing negotiations or litigations.
- Blocking Patents: Competitors may hold patents creating freedom-to-operate barriers.
3. Patent Term and Market Implications
Given its filing date, KR20090083469’s patent protection is likely valid until around 2027–2029, assuming standard 20-year patent term, which influences market exclusivity considerations.
4. Patent Challenges and Litigation
Patent validity can be contested based on novelty and inventive step. The drug patent’s strength is influenced by prior art submissions and validity challenges, particularly in light of generic development pressures.
Strategic Considerations for Stakeholders
For Innovators
- Patent Enforcement: Use the broad claims to defend the market and prevent generic entry.
- Lifecycle Management: Explore secondary patents to extend exclusivity.
For Generic Manufacturers
- Design-around Strategies: Focus on non-infringing formulations or processes.
- Patent Challenge: Due diligence on validity and scope to evaluate patent weaknesses.
For Legal and Patent Professionals
- Patent Monitoring: Continuous surveillance of related patents ensures early detection of infringement risks.
- Licensing Opportunities: Potential licensing agreements with patent holders for market access.
Conclusion
Patent KR20090083469 embodies a strategic intellectual property asset covering specific drug compositions or processes, with its scope contingent upon detailed claim language. Its positioning within the competitive patent landscape suggests it plays a pivotal role in South Korea's pharmaceutical innovation ecosystem. Stakeholders must carefully analyze claim scope, assess potential overlaps, and strategize around licensing, infringement, or patent challenge opportunities to optimize commercial outcomes in this space.
Key Takeaways
- The patent's scope hinges on its claims, which likely encompass broad compositions or methods, offering extensive protection within South Korea.
- Its claims define the core inventive features, with potential to extend to similar formulations, improving market exclusivity.
- The patent landscape is populated with related filings, requiring diligent monitoring for infringement or licensing.
- Strategic patent management—including lifecycle extension and validity challenges—is crucial for maintaining competitive advantage.
- Stakeholders should tailor their R&D and legal strategies to align with the patent’s protection scope and the broader patent environment.
FAQs
Q1: How does KR20090083469 compare to international patents covering similar compounds?
A1: The South Korean patent may be part of an international patent family, with corresponding filings under the Patent Cooperation Treaty (PCT) or regional patents, offering broader territorial protection. The scope's strength depends on claim language and priority claims.
Q2: Can generic manufacturers circumvent this patent?
A2: Potentially, through design-around strategies that avoid infringing claim scope, or by challenging the patent’s validity via prior art submissions, if applicable.
Q3: How long is the patent protection likely valid?
A3: If filed in 2008 and assuming standard 20-year term from filing, protection extends to approximately 2028, barring extensions or patent term adjustments.
Q4: What steps can patent holders take to extend patent life?
A4: Filing secondary or follow-up patents on new formulations, methods, or uses, leveraging patent term restoration mechanisms where available.
Q5: How does patent KR20090083469 influence drug commercialization in South Korea?
A5: It provides exclusive rights to the patented invention, giving the holder market protection and negotiating leverage, while restricting competitors from selling identical or similar drugs without licensing.
Sources:
- Korean Intellectual Property Office (KIPO) database.
- Patent documents and prosecution history accessible via KIPRIS.
- Industry reports on pharmaceutical patent strategies in South Korea.
