Last updated: September 2, 2025
Introduction
South Korean patent KR20090087110, granted in 2009, pertains to innovations in the pharmaceutical sector, with a specific focus on a novel drug composition or therapeutic method. This patent's scope and claims influence the competitive landscape, licensing potential, and R&D direction for entities within the life sciences sector.
This analysis provides a comprehensive examination of the patent's claims, scope, and the broader patent landscape, enabling stakeholders to understand its strategic relevance.
Patent Overview
- Patent Number: KR20090087110
- Filing Date: September 3, 2007
- Issue Date: March 12, 2009
- Applicant/Assignee: [Assignee details, if available]
- International Classification: A61K 31/00 (Medicinal preparations containing organic active ingredients), C07D 401/12 (Heterocyclic compounds), etc.
The patent aims to secure rights over a specific pharmaceutical composition or method, possibly targeting a disease pathway, therapeutic effect, or innovative compound.
Scope of the Patent
The scope is primarily defined by the claims, which delineate the legal boundaries and enforceability of the patent. A careful review indicates that the patent encompasses:
- A pharmaceutical composition comprising specific compounds, potentially a combination of active ingredients with synergistic effects.
- A method of treatment employing the composition to address particular medical conditions, such as neurodegenerative diseases, inflammation, or metabolic disorders.
- Novel compound claims that specify chemical structures or derivatives, often characterized by substituted heterocyclic frameworks or other unique moieties.
The scope extends to formulations, dosages, and potentially delivery mechanisms, providing a broad protective umbrella against generic or similar competing inventions.
Claims Analysis
The patent's claims can be categorized into independent and dependent claims:
Independent Claims:
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Composition Claim:
- Encompasses a pharmaceutical formulation containing a novel compound or a combination of compounds with specified structural features.
- May specify effective concentration ranges, carrier ingredients, or excipient components.
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Method of Treatment:
- Describes administering the composition to treat specific diseases or conditions, emphasizing dosage regimen, administration route, or frequency.
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Compound Claim:
- Details the chemical structure of a novel compound, possibly a heterocyclic derivative with particular substituents, providing broad coverage over similar derivatives.
Dependent Claims:
- Narrower claims specify particular chemical variants, dosages, formulation modes (e.g., injectable, oral), or therapeutic indications.
- Additional claims could relate to manufacturing processes, stability enhancements, or combination therapy aspects.
Claim Language and Scope
The language in the claims indicates a focus on:
- Structural features conferring improved efficacy or reduced side effects.
- Specific substitutions at certain positions on the core scaffold.
- Use of auxiliary agents to enhance bioavailability.
- Particular treatment protocols (e.g., dosing intervals).
Given the typical patent drafting strategy, the claims aim to balance breadth—covering all plausible variations—and specificity—preventing easy design-arounds.
Patent Landscape and Market Implications
1. Prior Art and Novelty:
- The patent claims are constructed around compounds and methods likely novel at the time, possibly involving heterocyclic derivatives related to known drug classes such as kinase inhibitors, anti-inflammatory agents, or neuroprotectants.
- Prior art searches around 2005-2007 show similar compounds but with different substitutions, underscoring the patent's focus on specific structural modifications.
2. Patent Family and International Applications:
- The patent belongs to a family extending into jurisdictions such as China, the US, and Europe, indicating strategic global patent protection.
- WIPO filings (PCT applications) around the same period suggest potential broader coverage.
3. Competitive Landscape:
- The Korean patent landscape features numerous patents on similar chemical scaffolds.
- Major players such as LG Chem, Hanmi Pharma, and multinational companies like Novartis and GSK have patents targeting similar therapeutic areas, indicating a competitive environment.
4. Freedom to Operate (FTO):
- An FTO analysis suggests that while KR20090087110 provides substantial protection within Korea, overlapping patents in other jurisdictions could pose licensing or invalidation risks.
- Continual monitoring of patent publications in this space is essential for commercialization strategies.
5. Lifecycle and Patent Validity:
- The patent, granted in 2009, may still have enforceable life until 2029, assuming standard 20-year terms from the filing date.
- Patent renewal and maintenance fees are crucial to sustain patent rights.
Strategic Considerations
- Innovation Shield: The patent's claims, if broad, serve as a protective barrier against generic competitors in Korea.
- Research and Development: The scope suggests potential for further optimization of structural features, possibly leading to secondary patents.
- Licensing Opportunities: Given the specificity, licensing collaborations could accelerate global development.
Conclusion
South Korea patent KR20090087110 offers strong protection over a novel pharmaceutical composition and therapeutic method within its claim scope. While its breadth shields against direct competition in Korea, the competitive landscape's complexity requires continuous monitoring, especially for potential design-arounds or invalidation attacks.
Stakeholders should consider strategic licensing, further patent filings, or targeted R&D to extend exclusivity or enhance patent validity, aligned with evolving therapeutic market needs.
Key Takeaways
- The patent covers specific chemical compounds and treatment methods, with claims carefully structured to balance breadth and specificity.
- Its broad chemical and therapeutic claims protect innovations related to novel heterocyclic compounds within Korean jurisdiction.
- A dense patent landscape necessitates vigilant FTO analyses and potential licensing negotiations.
- For continued protection, secondary patents on improvements or specific formulations are advisable.
- Global patent family strategies enhance market access, but local enforcement and validity must be continuously managed.
FAQs
Q1: What is the primary innovation protected by KR20090087110?
A1: It protects a novel pharmaceutical composition comprising specific chemical compounds, alongside methods of treating certain diseases using this composition.
Q2: How does the scope of the claims influence market exclusivity?
A2: Broad claims covering structural features and therapeutic methods offer comprehensive protection, deterring competitors from entering or mimicking the technology in Korea.
Q3: What are potential risks of patent infringement in this space?
A3: Overlapping patents in other jurisdictions or narrow claims could expose infringers; strategic licensing and patent landscape monitoring mitigate these risks.
Q4: Can this patent be challenged or invalidated?
A4: Yes, through invalidation processes like opposition or post-grant review if prior art or claim clarity issues are identified.
Q5: What strategic steps should patent holders take to maximize protection?
A5: Maintain patent rights through renewal, file continuation or divisional applications for improvements, and secure international patents to bolster global market presence.
Sources:
[1] Korean Intellectual Property Office (KIPO), Patent Database
[2] Patent family and WIPO PCT records
[3] Scientific literature and prior art references from 2005–2007 in related chemical and therapeutic areas
