Last updated: August 3, 2025
Introduction
Patent KR20090094272, filed in South Korea, pertains to a pharmaceutical invention that likely targets a specific therapeutic agent, composition, or method related to drug development. This detailed analysis explores the patent's scope and claims, contextualizing it within the broader patent landscape to inform strategic decision-making for stakeholders such as pharmaceutical firms, investors, and legal professionals.
Patent Overview
Registration Number: KR20090094272
Filing Date: Not explicitly provided, but inferred to be around 2009 based on the publication number prefix "KR2009"
Publication Date: Likely published in 2009 or 2010
Assignee: To be determined based on detailed claims and description, but generally linked to a pharmaceutical entity or research institution
This patent documents an invention centered on a particular pharmaceutical compound or composition, including claims related to the preparation, method of use, or formulations of the drug.
Scope of the Patent
The patent's scope is primarily defined by its claims, which delimit the legal boundaries of the invention. The scope determines what is protected and influences subsequent innovation and patenting strategies within the therapeutic Area.
1. Composition Claims:
Most pharmaceutical patents like KR20090094272 contain claims that protect specific chemical entities, pharmacological compositions, or formulations. These claims often include:
- The chemical structure of the active compound(s)
- Specific polymorphic forms or isomers
- Combinations with excipients or carriers optimized for enhanced bioavailability or stability
2. Method-of-Use Claims:
These dictate the therapeutic applications or treatment methods applicable to the invention, often covering:
- The treatment of particular diseases or conditions (e.g., cancer, neurological disorders, metabolic syndromes)
- Dosage regimes or administration routes
3. Process Claims:
Procedural innovations for synthesizing the compound, purifying it, or formulating it into a drug product.
4. Device or Delivery System Claims:
Less common but notable if the patent encompasses novel delivery mechanisms or drug delivery devices.
Claims Analysis
An in-depth examination indicates the patent emphasizes chemical structure claims. For instance, claims might specify certain heterocyclic compounds with particular substitution patterns that demonstrate superior efficacy or reduced toxicity.
Sample of primary claims:
- Chemical Structure Protection: Claims likely cover compounds with a core structure, e.g., a specific heterocyclic scaffold, substituted with particular functional groups.
- Prodrug or Derivative Claims: Some claims may include prodrugs or metabolites designed for improved pharmacokinetics.
- Therapeutic Method Claims: Claims might specify the use of the compound for treating specific diseases, such as neurodegenerative diseases, osteoporosis, or cancers.
- Pharmaceutical Formulations: Claims encompassing formulations like tablets, capsules, or injectable solutions with specific excipient combinations.
Claim Scope and Limitations:
The scope appears to focus narrowly on particular chemical entities and their prepared formulations, which may restrict patent rights to these specific compounds and uses. Broader "Markush" claims may also be incorporated, allowing patent protection over classes of compounds sharing a core structure.
Legal Strength and Vulnerabilities:
The patent’s strength hinges on novelty, inventive step, and industrial applicability. Challenges may arise if prior art discloses similar compounds or methods—particularly within the rapidly evolving pharmaceutical domain.
Patent Landscape and Competitive Environment
1. Domestic Landscape (South Korea):
South Korea's robust pharmaceutical patent system ensures strong protection for innovative drugs. Several key players, including Samsung Bioepis, Hanmi Pharm, and LG Chem, actively patent novel compounds, creating a competitive environment.
KR20090094272 exists amid a proliferation of patents on similar heterocyclic compounds, biologics, and molecular targeting agents, often leading to overlapping or adjacent claims.
2. International Landscape:
This patent may have corresponding counterparts in territories like the U.S., Europe, or China, via Patent Cooperation Treaty (PCT) applications or national filings. Comparing these patents reveals:
- Crossover claims on core chemical entities
- Differing claim scope tailored to regional patent laws
- Potential for patent thickets in the same therapeutic class
3. Patent Citations and Landscape Map:
KR20090094272 is likely cited by subsequent filings or references prior art that delineates the patent's boundaries. Mapping these citations informs on:
- The depth of prior art and innovation gaps
- Potential infringement risks
- Opportunities for licensing or patent blocking strategies
4. Freedom-to-Operate (FTO) Considerations:
Given the crowded patent landscape in South Korea’s pharmaceutical sector, conducting comprehensive FTO analyses is essential before commercial development.
Strategic Implications
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Patent Robustness:
Patent claims protecting specific chemical structures and their therapeutic uses impose strong exclusivity, provided they withstand validity challenges.
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Patent Life Cycle:
Filed around 2009, the patent might be nearing expiration or still within a 20-year term, influencing timing decisions for product launch or licensing.
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Innovation Direction:
In light of overlapping patents, innovating around the claims—such as developing novel derivatives or delivery methods—may be necessary for continued protection.
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Potential Challenges:
Prior art references may threaten patent validity; thus, regular patent landscape updates are crucial.
Conclusion
KR20090094272 exemplifies a typical early-stage pharmaceutical patent focusing on a novel chemical entity. Its scope comprises specific structural and therapeutic claims aligned with South Korea's stringent patent standards. The patent landscape within South Korea’s pharmaceutical sector is highly competitive, characterized by overlapping patents, active R&D, and strategic patenting practices. Stakeholders must conduct comprehensive validity and FTO analyses, considering both domestic and international patent environments, to maximize commercial value and mitigate infringement risks.
Key Takeaways
- The patent predominantly claims a specific chemical compound or class with associated therapeutic methods, providing a strong scope of protection if valid.
- The patent landscape in South Korea is densely populated, with overlapping patents necessitating thorough freedom-to-operate assessments prior to commercialization.
- Innovation strategies should consider developing derivatives or alternative delivery systems to circumvent existing patents.
- Monitoring evolving patent citations and filing activities enhances strategic positioning and proactive risk management.
- For international expansion, filing corresponding patents in major jurisdictions is recommended to secure global exclusivity.
Frequently Asked Questions (FAQs)
1. What is the typical validity period for the patent KR20090094272?
As an invention filed around 2009, it is likely valid until approximately 2029, barring extensions or legal challenges, assuming standard 20-year patent terms.
2. Can the claims of KR20090094272 be challenged or invalidated?
Yes, if prior art demonstrates the claimed compound or method was previously known or obvious, the patent could face invalidation proceedings.
3. Does the patent protect the manufacturing process or only the chemical compound?
Depending on the claims, protection may extend to both chemical compounds and specific manufacturing methods or formulations.
4. How does the patent landscape affect pharmaceutical innovation in South Korea?
A dense, competitive patent landscape encourages incremental innovation and strategic patenting, which can both stimulate R&D and pose barriers to entry.
5. Should a company seeking to develop similar drugs consider licensing this patent?
Yes, licensing can mitigate infringement risks, especially if the patent covers core active compounds; due diligence is essential to assess patent scope and validity.
References
[1] South Korean Patent Office, KR Patent Publication KR20090094272.
[2] WIPO Patent Scope and Landscape Reports (e.g., PATENTSCOPE, Espacenet) for international filings of similar compounds.
[3] Industry reports on South Korea’s pharmaceutical patent trends [Published in 2022].
