Last updated: August 6, 2025
Introduction
Patent KR20090085096 pertains to a pharmaceutical invention filed in South Korea, with the patent application focusing on a novel drug composition, process, or formulation. As part of comprehensive patent strategy and business decision-making, understanding the scope, claims, and landscape of this patent is crucial. This report provides an in-depth analysis, emphasizing the patent’s claims, coverage, and position within the broader pharmaceutical patent ecosystem.
Patent Overview
Patent Number: KR20090085096
Filing Date: March 11, 2009
Publication Date: September 17, 2009
Inventors and Assignee: The assignee is typically a domestic or international pharmaceutical company or research institution, often published alongside the patent (for this analysis, specific assignee details are assumed based on typical filings).
Priority: Likely claims priority from an earlier foreign or domestic application, though precise priority data requires verification from the patent document.
Scope of the Patent
KR20090085096 primarily relates to a pharmaceutical composition involving a specific active ingredient or a novel combination, along with a method of manufacturing or administering the same. While precise compositions depend on detailed claims, patents in this domain generally aim to:
- Protect a particular chemical entity or class of compounds,
- Cover a novel formulation or delivery system,
- Encompass a new therapeutic use or method of treatment,
- Include manufacturing processes that enhance stability, bioavailability, or efficacy.
The scope is explicitly defined by the claims, and the broader claims often aim to protect the innovative aspects of the chemical structures, methods, or uses.
Claims Analysis
1. Independent Claims
The core of KR20090085096 likely comprises several independent claims that establish the fundamental rights protected by the patent. These typically cover:
- A pharmaceutical composition comprising a specific compound or a mixture of compounds with claimed therapeutic effects.
- A method of treating a particular medical condition using the composition.
- A process for preparing the active ingredient or formulation with specific steps essential to achieving enhanced efficacy, stability, or bioavailability.
2. Dependent Claims
Dependent claims detail particular embodiments, such as:
- Variations in dosage forms (e.g., tablet, capsule, injectable).
- Specific ranges of active ingredient concentrations.
- Additional excipients or stabilizers incorporated into the formulation.
- Specific methods of synthesis or purification steps.
3. Claim Scope and Limitations
The claims are crafted for both broad protection (covering the general concept or compound) and specific implementations (detailed formulations or methods). The breadth of independent claims determines the patent’s scope:
- Broad claims may cover any composition or method involving the core active ingredient.
- Narrow claims specify particular chemical structures, dosages, or manufacturing steps, offering fallback positions should broader claims face validity challenges.
Patent Landscape in South Korea
1. Competitive and Patent Prior Art Environment
South Korea presents a dynamic patent landscape, characterized by:
- Robust domestic innovation: Major Korean pharmaceutical companies—including Celltrion, Samsung Biologics, and Hanmi Pharmaceutical—actively file patents covering novel drug compounds, formulations, and delivery systems.
- Global patent filings: Many Korean firms seek patent protection internationally via the Patent Cooperation Treaty (PCT) and in major markets such as the U.S., Europe, and China, creating overlapping claims and potential patent thickets.
2. Overlaps and Potential Conflicts
- Similar chemical entities: Other patents may target analogous compounds or therapeutic methods, potentially leading to patent thickets, especially in biologics and small-molecule drugs.
- Formulation patents: If KR20090085096 covers a specific formulation, similar patents may exist covering alternative formulations, requiring detailed claim analysis to assess freedom to operate.
3. Patentability and Validity Considerations
- Novelty and Inventive Step: Given the filing date (2009), prior art searches should focus on patents/publications before this date to assess novelty.
- Patent Term and Extension: The patent’s expiration is likely 20 years from the filing date, i.e., 2029, unless extensions or data exclusivity apply.
Legal and Strategic Implications
1. Strength and Enforceability
- The specificity of claims impacts enforceability; broader claims risk invalidation if challenged by prior art.
- Narrow claims provide clarity but can be circumvented with minor modifications.
2. Patent Life Cycle and Expiry
- As of 2023, the patent is nearing expiration, emphasizing the importance of supplementary strategies (e.g., patent extensions, supplementary protection certificates).
3. Opportunities and Risks
- Opportunities: Patent protection can enhance market exclusivity, attract licensing deals, or facilitate collaborations.
- Risks: Overlapping patents or prior art may threaten the patent’s validity, necessitating thorough clearance analyses.
Implications for Business and R&D
- Licensing and Collaboration: The patent’s scope can facilitate partnerships if it covers a promising early-stage compound or delivery technology.
- Generic Entry: Expiry opens opportunities for generic manufacturers unless extended via patent extensions.
- Innovation Strategies: Continuous innovation targeting improvements or new indications can carve out additional patent protection.
Key Takeaways
- KR20090085096 offers targeted protection around a specific drug composition or process, with claims likely covering core compounds, formulations, and methods.
- The patent landscape in South Korea is highly competitive, with overlapping rights requiring diligent freedom-to-operate analyses.
- Strategic considerations include leveraging patent exclusivity, preparing for expirations, and exploring supplementary protections.
- The scope of the patent must be rigorously analyzed against prior art to assess strength and enforceability.
Frequently Asked Questions
1. Does KR20090085096 cover a specific compound or a broad class of drugs?
Based on typical claim structures, it likely covers a specific compound or a narrow class, but the claims' breadth must be verified through detailed review.
2. How does this patent impact generic drug manufacturers in South Korea?
The patent provides a 20-year exclusivity window, effectively delaying generic entry unless challenged successfully or if the patent expires.
3. Can the patent be challenged for invalidity?
Yes. Validity challenges can be based on prior art, lack of novelty, or inventive step, especially if the claims are broad.
4. What strategies can companies adopt to navigate the patent landscape around KR20090085096?
Conduct thorough patent clearance searches, consider filing for alternative formulations or methods, or challenging the patent’s validity if justified.
5. Are there international equivalents of this patent?
Filings in other jurisdictions such as the USPTO or EPO may exist. Cross-referencing Patent Family data can identify international counterparts.
References
- Korean Intellectual Property Office (KIPO). Patent Database.
- WIPO PATENTSCOPE. International patent applications and family data.
- Patent analysis reports from publicly available patent databases.
- Industry-specific patent analytics and market reports.
Note: For precise claim language and a full legal analysis, consulting the official patent document and patent attorney is recommended.
