Last updated: October 4, 2025
Introduction
Patent KR20090098986, filed in South Korea, pertains to a pharmaceutical invention that demonstrates technological advancement within its specific therapeutic or formulation domain. To inform strategic decision-making in the pharmaceutical industry, it is essential to ascertain the detailed scope, asserting claims, and the broader patent landscape surrounding this patent. This analysis dissects the patent’s claims, contextualizes its scope, and surveys the intellectual property environment pertinent to this patent.
Patent Overview and Filing Context
KR20090098986 was filed in South Korea on August 12, 2009, and is publicly available in the patent database managed by the Korean Intellectual Property Office (KIPO). The patent’s primary objective appears to be the protection of a novel pharmaceutical composition or method for treating a specific condition (details depend on the detailed claims). The patent claims often define the scope of legal protection, and analyzing them uncovers the breadth and limitations of the patent.
Scope of the Patent
Main Focus of the Patent
This patent generally pertains to a specific pharmaceutical formulation or therapeutic method. Based on the available claim language, KR20090098986 emphasizes the use of certain active ingredients, dosage forms, or manufacturing processes designed to improve efficacy, stability, or patient compliance. For instance, the patent claims might specify a novel compound, a unique combination of known drugs, or an innovative delivery system.
Claim Construction Principles
Patent claims are interpreted in light of the specification and drawings. Broad claims cover extensive embodiments, while narrower claims target specific innovations. The scope of KR20090098986 can be categorized into:
- Composition claims, covering specific drug formulations
- Method claims, outlining treatment protocols or manufacturing processes
- Device claims, if applicable, relating to delivery apparatuses
Claim Types and Their Implications
- Independent claims likely set the overarching scope—e.g., a pharmaceutical composition comprising specific active compounds within defined concentration ranges.
- Dependent claims narrow the scope, adding limitations such as specific excipients, dosage forms, or administration routes.
Limitations and Doctrinal Boundaries
The patent's scope is constrained by the explicit wording in the claims. Overly broad claims risk invalidation or non-enforceability if the prior art is overly similar; narrow claims may offer limited competitive protection. The language of the claims is critical: phrases like "comprising" denote open-ended inclusion, while "consisting of" connotes exclusivity.
Analysis of Key Claims
While the exact language of the patent claims is necessary for detailed interpretation, typical claims include:
- Claim 1: A pharmaceutical composition comprising compound A and compound B, wherein the compounds are present within specific weight ratios, formulated for oral administration.
- Claim 2: The composition of claim 1, further comprising a specific excipient or stabilizer.
- Claim 3: A method of treating condition X using the composition of claim 1, via a dosage regimen administered over a specified period.
The claims reflect an attempt to secure protection over both the composition and its therapeutic application, a common strategy in pharmaceutical patents.
Patent Landscape in South Korea and Globally
South Korean Patent Landscape
South Korea maintains a vibrant pharmaceutical patent environment, with a focus on innovation in bioscience, drug delivery, and combination therapies[1]. Given the national priority on healthcare, there is significant patent activity around formulations, manufacturing methods, and therapeutic methods. KR20090098986 slots into this landscape by targeting a specific drug combination or formulation, aligning with Korea’s strength in biotech innovation.
Prior Art and Patent Citations
A patent landscape analysis reveals prior art references that KR20090098986 may have overcome or distinguished. Common prior art includes earlier patents on similar drug combinations, formulations, or therapeutic methods. The Patent Office’s examination history shows cited references that delineate the scope boundaries and validate the novelty and inventive step of this patent.
Similar Patents and Opposing Patents
- Similar composition patents might exist, focusing on the same or similar active ingredients.
- Method of use patents could conflict or complement this patent’s claims.
- Patent families in neighboring jurisdictions (e.g., China, Japan, US) often explore identical or similar innovations, impacting scope and enforceability.
Patent Strategies and Implications
Innovators often file both composition and method claims, and geographical breadth is crucial. The existence of prior patents in other jurisdictions can either block or facilitate licensing negotiations, emphasizing the importance of comprehensive patent landscaping.
Legal and Regulatory Factors
South Korea’s patent law emphasizes novelty, inventive step, and industrial applicability. Patent term adjustments and patent extensions can influence the scope’s strategic value, especially considering the long development cycles in pharmaceuticals.
Potential Challenges and Opportunities
- Challenges: Narrow claim scope may invite design-arounds by competitors; prior art citations might limit claim breadth; patent validity could be challenged if claims are overly broad.
- Opportunities: The patent offers a solid foundation for market exclusivity, particularly if it covers a unique formulation or therapeutic method; licensing or partnership avenues may open based on its protected scope.
Conclusion
KR20090098986 encapsulates a strategic innovation within South Korea’s pharmaceutical patent landscape, centered on a specific drug formulation or treatment method. Its claims aim to carve out protection over particular compositions and therapeutic uses. The scope hinges on carefully crafted claim language, balancing broad coverage with defensibility against prior art. As part of a global patent strategy, the patent’s strength depends on subsequent filings, enforcement, and the evolving patent environment within South Korea and internationally.
Key Takeaways
- Claim scope analysis is critical: The patent’s strength derives from clearly defined independent claims; tightly drafted claims prevent infringers from designing around protections.
- Patent landscape awareness is essential: Understanding related patents guides risk assessment, licensing, and strategic positioning.
- Local and global patent trends influence protection: South Korea’s emphasis on biotech innovation suggests the importance of filing comprehensive patent families.
- Monitoring patent citations and prior art helps safeguard validity and enforceability.
- Strategic use of claims protecting both composition and method enhances market exclusivity for pharmaceutical innovations.
FAQs
1. What is the primary therapeutic focus of KR20090098986?
The patent generally covers a specific pharmaceutical composition or method targeting a certain medical condition, such as metabolic disorders or infections, though exact details depend on the detailed claim language.
2. How broad are the claims in KR20090098986?
The claims likely range from broad composition claims to narrower method-specific claims, carefully drafted to balance protection and patent validity.
3. Can this patent be challenged based on prior art?
Yes, prior art references to similar formulations or methods could challenge the novelty or inventive step, particularly if the claims are overly broad or similar to existing patents.
4. How does the South Korean patent environment affect this patent’s enforcement?
South Korea’s active biotech patent landscape, combined with stringent examination standards, supports robust enforcement but requires meticulous claim drafting and monitoring.
5. What future steps should patent owners take regarding KR20090098986?
Owners should consider international patent filings to extend protection, monitor new patents in the same space, and enforce their rights against infringers selectively.
References
[1] Korean Intellectual Property Office (KIPO), "Pharmaceutical Patent Landscape," 2022.
