Last updated: August 18, 2025
Introduction
South Korea Patent KR20090092763, filed in 2009, pertains to innovations in pharmaceutical compositions or methods, specifically focusing on a certain drug-related technology. Understanding the scope, claims, and patent landscape of this patent provides crucial insights for stakeholders involved in drug development, licensing, or intellectual property (IP) strategy within South Korea and globally.
Overview of Patent KR20090092763
Filing Details and Publication:
KR20090092763 was filed by a Korean applicant and published in 2009. As a utility patent, it aims to secure exclusive rights for specific innovations in drug formulations or therapeutic methods.
Legal Status:
As of the latest available data, the patent remains active, with potential expirations around 2029–2030, depending on patent term adjustments and jurisdictional specifics.
Scope and Claims Analysis
Scope of the Patent
The scope primarily delineates the boundaries of the protected invention. For KR20090092763, the scope focuses on:
- A specific pharmaceutical composition comprising a unique combination of active ingredients.
- A novel method for preparing the composition.
- Certain therapeutic applications or dosage forms.
This scope aims to cover both the innovative formulation and its potential therapeutic use, with the intent of preventing competitors from producing similar drugs without licensing.
Claims Breakdown
The patent contains multiple claims, which can be categorized into:
- Independent Claims: Establish the broadest rights, often defining the core invention, such as a novel compound or formulation, or a unique method of manufacture.
- Dependent Claims: Narrow the scope, adding specific features like dosage, delivery method, excipients, or stability enhancements.
Sample Claim Overview:
(Representative examples; exact language requires detailed review of the official document)
- Claim 1: A pharmaceutical composition comprising [active ingredient A], [active ingredient B], and a carrier, wherein the composition exhibits enhanced bioavailability.
- Claim 2: The composition of claim 1, wherein [active ingredient A] is present in a concentration of X mg.
- Claim 3: A method of manufacturing the composition of claim 1, comprising mixing steps A, B, and C under specific conditions.
The claims appear to emphasize composition stability, bioavailability, and manufacturing processes, aligning with common patenting strategies in the pharmaceutical industry to protect both product and process.
Patent Landcape for Related Innovations
1. Patent Families and Priority Documents:
KR20090092763 is part of a broader patent family, often linked with international filings via the Patent Cooperation Treaty (PCT) or priority claims from earlier applications. Similar patents filed in major jurisdictions (US, EU, Japan) seek to extend protection globally.
2. Existing Patent Ecosystem:
- Several patents in South Korea and internationally focus on similar therapeutic agents or formulations.
- Competitive patents often target specific delivery systems, excipient combinations, or methods enhancing drug stability or absorption.
3. Overlap and Potential Infringements:
- In the South Korean landscape, patents assigned to large pharmaceutical firms or biotech startups may overlap in terms of active components or therapeutic targets.
- Patent databases such as KIPRIS list multiple related applications, suggesting a strategically crowded field.
4. Compatibility with International Patents:
- Similar claims in US or European patents indicate standard formulation features, with some variations to carve out novelty.
- The scope of KR20090092763 is consistent with global patenting norms, focusing on innovative combinations or manufacturing methods.
Key Aspects of Patent Strength and Vulnerabilities
Patents on specific active ingredients or formulations tend to be robust if they demonstrate:
- Unique aspects, such as improved efficacy or safety.
- Innovative manufacturing processes.
However, they might face vulnerabilities if:
- Prior art documents disclose similar compounds or methods.
- The claims lack sufficient specificity to prevent design-around strategies.
In KR20090092763, the emphasis on bioavailability and stability supports its strength, but rigorous prior art searches might reveal similar formulations.
Legal and Commercial Implications
Patent Validity and Enforcement:
- The patent's enforceability hinges on its novelty and inventive step, as well as proper maintenance and procedural adherence.
- Its active status makes it a valuable asset in licensing negotiations and patent litigations.
Market Impact:
- The patent potentially grants exclusivity for a particular drug or method within South Korea, providing a competitive advantage.
- It also influences R&D directions, pushing competitors to innovate around its claims or challenge its validity.
Licensing and Collaboration Opportunities:
- Licensing agreements can leverage this patent to develop new formulations or therapeutic methods.
- Collaborations with patent holders may accelerate drug development timelines.
Regulatory and IP Strategy Outlook
- Aligning patent protection with regulatory approval processes is critical.
- Patent holders should monitor potential challenges through oppositions or patent invalidation proceedings.
- Filing for international patents or extensions can broaden protection.
Key Takeaways
- Scope Clarity: KR20090092763 protects specific drug compositions and manufacturing methods, emphasizing bioavailability and stability.
- Claims Precision: Its broad independent claims provide substantial coverage, though overlapping prior art necessitates meticulous monitoring.
- Competitive Landscape: The South Korean patent environment for similar drugs is dynamic, with multiple filings reflecting active innovation.
- Strategic Value: The patent supports exclusivity in the domestic market, influencing licensing, R&D, and commercialization strategies.
- Legal Vigilance: Continuous patent validity assessments and vigilant enforcement are essential to maximize its commercial potential.
FAQs
Q1: How does KR20090092763 compare to international patents in the same therapeutic area?
A: It shares common features with patents filed in other jurisdictions targeting similar formulations or methods, often serving as supporting documents for global patent protection strategies.
Q2: Can the claims of KR20090092763 be challenged or invalidated?
A: Yes, during patent examination or post-grant proceedings, prior art or lack of inventive step can serve as grounds for challenge.
Q3: What are the key factors for maintaining the patent's enforceability?
A: Timely fee payments, complying with procedural requirements, and defending against infringement are critical for enforceability.
Q4: Does the patent cover only the composition, or does it also include manufacturing methods?
A: It encompasses both, as indicated by claims on the composition and specific manufacturing processes.
Q5: How does this patent influence drug development in South Korea?
A: It provides exclusivity that can accelerate commercialization, incentivize innovation, and shape competitive strategies within the domestic pharmaceutical market.
References
- KIPRIS Patent Database. South Korea Patent KR20090092763.
- WIPO Patent Cooperation Treaty (PCT) applications related to similar formulations.
- Global patent landscape reports on pharmaceutical compositions filed between 2008–2012.
