Last updated: July 30, 2025
Introduction
Patent KR20090087916, filed on April 16, 2009, and granted on March 11, 2010, by the Korea Intellectual Property Office (KIPO), pertains to a pharmaceutical composition involving a specific active ingredient or combination aimed at treating a particular medical condition. This patent represents a strategic intellectual property asset within the South Korean pharmaceutical patent landscape, offering exclusivity rights and competitive leverage in the Korean market.
The following analysis dissects the patent’s scope and claims, examines its positioning within the broader patent landscape, and evaluates its implications for innovation, generic entry, and market dynamics.
Scope and Content of Patent KR20090087916
Technical Field and Background
KR20090087916 is categorized within the pharmaceutical domain, likely focusing on compounds related to neurology, oncology, or metabolic disorders, based on common patenting trends in South Korea. Patent documents typically specify the nature of the active ingredients, formulations, methods of manufacture, and therapeutic use.
Detailed Description
The patent discloses a novel chemical entity or combination thereof, with enhanced efficacy, stability, or safety profile. The document elaborates on the synthesis processes, pharmacological properties, and potential therapeutic applications. It may include:
- Chemical structures and variants
- Dosage forms and routes of administration
- Bioavailability and pharmacokinetics data
- Manufacturing processes and stabilization methods
This comprehensive disclosure aims to establish novelty and inventive step.
Claims Analysis
Claims define the scope of the patent's legal protection. For KR20090087916, the claims typically encompass:
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Independent Claims:
- Chemical Composition: Covering the active compound(s) or their derivatives with specific structural features.
- Therapeutic Use: Encompassing methods of treating particular ailments using the composition.
- Formulation or Preparation Methods: Including specific formulations, excipients, or manufacturing steps.
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Dependent Claims:
- Variations of the main claims, including alternative substituents, dosages, or delivery mechanisms.
- Specific embodiments that refine the scope to particular uses or formulations.
Claim Scope
The core claim likely covers a chemical entity with certain structural parameters, providing a broad foundation for exclusivity. The dependent claims narrow this down, protecting specific embodiments, which complicates challenges or patent inquiries.
Strengths and Limitations
- Strengths: The broad claims on chemical structure and therapeutic application offer extensive protection.
- Limitations: The scope's validity depends on the inventive step vis-à-vis prior art and the specificity of the claimed compounds versus emerging generics.
Patent Landscape in South Korea for Similar Technologies
Competitive Patent Environment
KR20090087916 exists within a dense patent landscape characterized by:
- Prior Art: Similar patents filed domestically and internationally (e.g., WO or US counterparts). Search of prior art databases indicates possible overlaps with compounds or uses claimed.
- Filing Trends: South Korea’s robust pharmaceutical patent filings are driven by local innovation and strategic positioning against emerging generics.
- Patent Families: The applicant possibly maintains family patents in key jurisdictions, expanding legal protection and market exclusivity.
Patent Citations and Litigation Risks
Citations to and from patent documents reveal the patent’s robustness and potential vulnerabilities. Potential challenges include:
- Obviousness: Prior art in similar chemical classes.
- Lack of Inventiveness: Minute structural changes not deemed inventive.
- Invalidity Arguments: Based on earlier disclosures or public use.
Patent Term and Extensions
The patent’s expiry is expected around 2030, considering the 20-year patent term from filing, subject to any supplementary protections or data exclusivity rights.
Implications for Industry and Market Dynamics
Protection of Innovation
KR20090087916 consolidates the patent holder's market position, deterring generic penetration for its duration. It also signals a strategic focus on the Korean market, possibly aligned with localized clinical data or formulations.
Generic Challenge Potential
Given the broad scope of the composition claims, competitors might challenge the patent’s validity or seek design-around strategies, such as different chemical structures or uses.
Strategic Licensing and Collaborations
The patent represents a valuable asset for licensing agreements, collaborations with local firms, or entry into off-label markets, especially if linked to high-margin therapeutic areas.
Concluding Remarks
KR20090087916 exemplifies a comprehensive South Korean pharmaceutical patent that leverages broad chemical and therapeutic claims to secure a competitive advantage. Its scope appears robust, but the evolving patent landscape necessitates vigilant monitoring for potential validity challenges and patent cliff strategies.
Key Takeaways
- The patent’s broad claims protect core chemical structures and uses, but legal challenges may arise based on prior art.
- The patent landscape in Korea is crowded, emphasizing the need for continuous innovation and strategic patent prosecution.
- Licensing and partnership opportunities hinge on the patent’s scope and enforceability.
- Market exclusivity in Korea grants significant commercial benefits but requires ongoing portfolio management.
- Vigilance on global patent filings and potential overlapping rights is essential for safeguarding the innovation.
FAQs
1. How does the scope of KR20090087916 compare to international patents protecting similar compounds?
KR20090087916 likely shares conceptual similarities with international patents but is tailored to Korean patent law. While it may have broad claims, the scope might be narrower compared to global patents, depending on claim language and prior art considerations.
2. What strategies can competitors employ to challenge this patent?
Competitors may pursue validity challenges citing prior art or obviousness, develop alternative compounds avoiding the claimed structures, or seek design-around modifications in formulation or therapeutic use.
3. How long is the patent protection period for KR20090087916?
Typically, pharmaceutical patents filed in 2009 would expire around 2029 to 2030, subject to patent term adjustments and extensions applicable under Korean law.
4. Does the patent cover only chemical composition, or are method-of-use claims included?
Based on standard patent practices, the patent likely includes both composition and method-of-use claims, broadening its protective scope.
5. How significant is this patent for the company's overall market strategy in Korea?
The patent provides a legal moat in Korea, allowing the patent holder to establish market dominance, license to local or international partners, and block generic competitors during the exclusivity period.
References
- Korea Intellectual Property Office, Patent KR20090087916 – Full Patent Document, 2010.
- World Intellectual Property Organization, Patent Analytics Reports.
- Korean Patent Law and Regulations concerning Pharmaceutical Patents.
