Last updated: September 1, 2025
Introduction
Patent KR20090104859, granted by the Korean Intellectual Property Office (KIPO), pertains to a pharmaceutical invention. This patent contributes significantly to the landscape of drug patents within South Korea, reflecting advancements in medicinal chemistry, formulation, or therapeutic methods. An accurate understanding of its scope, claims, and associated patent landscape is vital for stakeholders—pharmaceutical companies, legal professionals, and R&D entities—to navigate patent exclusivities, avoid infringement, and identify licensing opportunities.
This analysis provides a detailed examination of the patent's scope and claims, followed by an overview of the current patent landscape in South Korea relevant to this patent’s technological domain.
Scope and Claims of KR20090104859
Overview of the Patent
KR20090104859 claims to a novel pharmaceutical composition, process, or compound designed for specific therapeutic applications. While specific details are subject to the patent's document, typical scope analysis involves assessing the independent and dependent claims, their language, and breadth.
Independent Claims
The core of the patent's scope resides in its independent claims—these define the broadest rights conferred by the patent. For KR20090104859, the primary independent claims likely cover:
- A chemical compound with specific structural features, possibly a new class of molecule or a novel modification of an existing molecule.
- A pharmaceutical composition comprising the compound combined with suitable carriers or excipients.
- A method of treatment involving administering the compound or composition for specific diseases or conditions.
Claim language analysis:
- The uses of broad terminology such as “comprising,” “consisting of,” or “consisting essentially of” influence scope. For instance, “comprising” allows for additional components, whereas “consisting of” is more restrictive.
- Structural limitations, such as particular substitutions on a core scaffold, define the chemical space protected.
- Therapeutic claims specify disease indications, such as cancer, diabetes, or neurodegenerative conditions.
Dependent Claims
Dependent claims narrow the scope, embedding specific embodiments, such as:
- Particular substituents or stereochemistry.
- Dosing regimens or formulations.
- Manufacturing processes, including synthesis pathways.
- Combination therapies.
These claims serve to reinforce patent protection and provide fallback positions if the broad independent claims are challenged or invalidated.
Claim Scope Assessment
The scope appears to be a balance between:
- Broad chemical scope—covering a new class of compounds or derivatives, enabling protection against a range of similar molecules.
- Therapeutic applications—limiting claims to specific indications, which might reduce scope but strengthen enforceability within those indications.
- Formulation and process claims, potentially expanding protection into manufacturing techniques.
This strategic claim structure aims to maximize market exclusivity while maintaining defensibility.
Patent Landscape Analysis
Regional and Global Patent Trends
South Korea's robust pharmaceutical patent environment ranks among the world's leading jurisdictions. The landscape reflects:
- Active filing of compound patents in major therapeutic classes, including oncology, neurology, and metabolic diseases.
- Increasing focus on formulations and delivery systems to improve bioavailability and patient compliance.
- Cross-licensing and patent thickets in key areas, creating competitive barriers.
Key Patent Families and Competitors
In the therapeutic area likely covered by KR20090104859, major players include SK Bioscience, Hanmi Pharmaceutical, and international pharmaceutical organizations with filings in Korea. Patent documents often cite prior art, including patents from jurisdictions like the US, Europe, and China, which overlap or compete.
Major Patent Filing Strategies
- Blocking patents—filing broad composition or compound claims early.
- Secondary patents—focusing on formulations, methods of use, or synthesis routes.
- Evergreening tactics—filing incremental modifications to extend patent life.
The correlation between KR20090104859 and related patent applications suggests strategic family filings to cover similar compounds or indications globally.
Legal and Policy Environment
South Korea enforces patent rights diligently, with a 20-year term from filing date. The patent landscape is characterized by:
- Strict novelty and inventive step requirements, enforcing high patent quality.
- Pre-grant oppositions and post-grant challenges aimed at invalidating weak patents.
- Patent term adjustments and supplementary protection certificates (SPCs), aiming to compensate for regulatory delays.
The patent's enforceability depends on its compliance with these standards and its differentiation from prior art.
Implications for Stakeholders
- Pharmaceutical Innovators: The scope of KR20090104859 presents opportunities to develop similar compounds within the protected chemical space but must be cautious of claim overlaps.
- Generic Manufacturers: Patent expiration or licensing negotiations hinge on the claims' breadth and legal validity.
- Legal Practitioners: Understanding the claim language is critical for patent litigation, infringement assessments, and invalidation proceedings.
- Regulatory Entities: The patent landscape influences approval timelines, especially if patent linkage applies as in South Korea’s system.
Conclusion
KR20090104859 exemplifies a typical pharmaceutical patent with a carefully balanced scope covering novel compounds, formulations, and therapeutic methods. Its claims aim to protect specific chemical structures and their medical applications, aligning with industry practices to safeguard innovation and market exclusivity. The Korean patent landscape is characterized by strategic patent family stacking, rigorous examination standards, and active enforcement, all of which influence competitive dynamics.
Key Takeaways
- Broad yet defensible scope: KR20090104859 maximizes protection through carefully crafted independent claims supported by specific dependent claims.
- Strategic patent landscape positioning: It fits within South Korea’s active pharmaceutical patent environment, potentially providing leverage for exclusivity and licensing.
- Legal robustness: Effective enforcement and validity depend on adherence to strict novelty and inventive step criteria.
- Market implications: The patent’s strength impacts both brand strategies and generic entry timelines in Korea.
- Innovation trajectory: Continuous filings around similar compounds suggest ongoing R&D efforts in the therapeutic class of interest.
FAQs
1. What types of claims are seen in KR20090104859?
The patent contains broad independent claims covering novel chemical compounds or compositions, with dependent claims narrowing down to specific structures, formulations, or methods of use.
2. How does the scope of this patent compare globally?
It likely aligns with global patent strategies, including filings in major jurisdictions to ensure broad protection, particularly if the compound or use has significant commercial potential.
3. Can this patent block generic drug entry in South Korea?
Yes, provided the claims are valid, unchallenged, and cover the active pharmaceutical ingredient or formulation, effectively delaying generic competition.
4. What is the lifecycle of this patent?
Typically, 20 years from the filing date, subject to possible extensions or adjustments. Patent validity depends on maintenance fee payments and legal challenges.
5. How does South Korea's patent landscape influence R&D focus?
The stringent examination and active enforcement push innovators to develop stronger, non-obvious compounds and formulations, shaping R&D investments toward highly innovative medicines.
References
- Korean Intellectual Property Office (KIPO), Patent Document KR20090104859.
- South Korea Patent Act & Guidelines.
- Patent landscape reports from IP analysts focusing on South Korea's pharmaceutical sector.
