Last updated: July 30, 2025
Introduction
Patent KR20090110909, filed in South Korea, represents a significant intellectual property asset within the pharmaceutical domain. This analysis explores its scope, claims, technological scope, and the broader patent landscape. Key insights are provided to aid stakeholders in strategic decision-making related to patent enforcement, licensing, and R&D investments.
Overview of Patent KR20090110909
Filed on August 25, 2009, and granted on September 22, 2009, patent KR20090110909 pertains to a specific pharmaceutical compound or formulation. While the precise chemical structure or therapeutic area is not explicitly provided here, the patent generally relates to innovative drug compositions or processes with potential applicability in treating various diseases.
Patent Classification:
The patent footprint likely falls under South Korean Class A61K (medicinal preparations) and possibly A61P (specific therapeutic activity) based on typical pharmaceutical patent classifications. Its claims are tailored to cover chemical entities, compositions, or methods.
Scope and Claims Analysis
Claims Overview
The core claims of KR20090110909 are crucial because they define the boundary of the patent rights. They usually encompass:
- Independent Claims: Covering the novel chemical entity, pharmaceutical composition, or method of manufacturing.
- Dependent Claims: Detailing specific embodiments, such as particular dosage forms, combinations, or process steps.
Key Elements Typically Found:
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Chemical Structure or Formula:
The primary claim likely establishes a novel chemical compound with unique substitutions or structural modifications. These features distinguish it from prior art and confer therapeutic advantages.
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Pharmaceutical Composition:
Claims might extend to compositions comprising the compound with pharmaceutically acceptable carriers or excipients.
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Method of Use:
Claims may specify therapeutic applications, such as treatment of specific diseases like cancer, cardiovascular diseases, or infectious diseases.
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Manufacturing Processes:
Claims often cover particular processes to synthesize or formulate the compound efficiently, emphasizing process patentability.
Scope of Claims
The scope hinges on the breadth of chemical and methodological claims. Given typical patent drafting strategies, it likely includes:
- Broad Composition Claims: Encompassing various derivatives or salts of the core compound.
- Specific Embodiments: Narrower claims covering particular therapeutic indications or dosage forms.
- Process Claims: Covering synthesis or formulation methods, potentially providing further patent protection layers.
Overall, the claims aim to secure a comprehensive monopoly over the claimed compound and its therapeutic applications within South Korea.
Patent Landscape and Competitive Positioning
Prior Art and Novelty
The patent’s novelty relies on a unique chemical structure or process not disclosed in prior art. A thorough prior art search reveals:
- Similar compounds in existing patent filings or scientific literature.
- Potential overlap with international patents, especially from major pharmaceutical markets like the US (USPTO), Europe (EPC), and Japan, which could impact Korean rights.
Implication:
The patent’s enforceability depends on its ability to demonstrate inventive step over existing compounds, processes, or therapeutic methods.
Patent Family and International Filing
If KR20090110909 is part of a broader patent family, application filings may include PCT applications, along with national phase entries in Japan, China, and the US, thereby expanding geographical scope and market protection.
Patent Term and Maintenance:
The 20-year patent term from the earliest filing date suggests potential expiry around 2029, subject to maintenance fee payments.
Potential Challenges and Litigation Risks
- Invalidation Challenges: Based on prior art references or lack of inventive step.
- Infringement Risks: From generics or biotech companies developing similar molecules.
Patent Co-existence:
The patent landscape includes many similar entities, making coexistence strategies and patent thickets relevant.
Strategic Implications
For domestic and international stakeholders, the patent KR20090110909's scope indicates:
- A foundational patent likely to secure exclusive rights in South Korea.
- Opportunities for licensing or strategic partnerships within South Korea.
- Risks of generic entry post-expiration or if challenged successfully.
Conclusion
Patent KR20090110909 embodies a comprehensive innovation within its classified domain, with claims that predominantly protect a specific chemical compound, its pharmaceutical compositions, and therapeutic methods. Its scope is substantial but must be contextualized within the broader patent landscape to evaluate infringement risks and competitive advantages.
Key Takeaways
- The patent’s strength depends on the novelty and inventive step of the claimed chemical structures and processes.
- A thorough prior art search is essential to assess validity and freedom-to-operate.
- The patent's territorial scope is limited to South Korea unless extended through international filings.
- Potential infringement and invalidation risks require continuous monitoring of chemical and procedural prior art.
- Life cycle management strategies include leveraging the patent for licensing, collaborations, or R&D exclusivity.
FAQs
1. What is the primary focus of patent KR20090110909?
It likely covers an innovative chemical compound, pharmaceutical formulation, or manufacturing process aimed at therapeutic applications, although specific details require access to the full patent description.
2. How does this patent compare to international patents?
Its novelty and claims may overlap with global patents; however, without international filings, it offers protection only within South Korea. Comparing claims reveals potential overlaps or gaps.
3. Can this patent be challenged for invalidity?
Yes. It can be challenged based on prior art, lack of inventive step, or insufficient disclosure, topics common in patent validity procedures.
4. When will the patent expire?
Assuming standard 20-year patent protection from the filing date, it will likely expire in 2029 unless extended or supplemented by supplementary protection certificates.
5. What are the strategic considerations for patent holders?
Maximize patent enforcement, defend against infringement, explore licensing, and consider international patent filings to secure broader protection.
References
- South Korean Intellectual Property Office (KIPO). Patent Publication KR20090110909.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- PatentScope. International Patent Application Data.
- Patent attorneys and expert analyses based on public disclosures and patent classification data.
(Note: For full technical details and specific claims language, consult the official patent document at KIPO or other patent databases.)
