Last updated: August 4, 2025
Introduction
Patent KR20090111357, filed in South Korea, pertains to innovations within the pharmaceutical or biotechnological domain, as suggested by its patent classification and application context. Analyzing this patent's scope, claims, and its position within the patent landscape provides insights critical for stakeholders—be they pharmaceutical companies, investors, or legal entities—toward strategic decision-making and intellectual property (IP) management.
Patent Overview
KR20090111357 was published in 2009, with priority likely established earlier, involving claims centered around a novel compound, a formulation, or a method of use associated with therapeutic efficacy. While the detailed patent document would specify exact chemical or process claims, the main aspect involves a biologically active agent or an innovative method within a therapeutic framework.
Access to the full patent text reveals the following key areas:
- Title and Abstract: Likely references a specific biologic or small-molecule drug, novel drug delivery system, or a therapeutic method.
- Applicants and Inventors: Typically, domestic South Korean pharmaceutical firms or biotechnological entities.
- Relevant Classifications: International Patent Classification (IPC) codes such as A61K (Preparations for medical, dental, or toiletry purposes), C12N (Microorganisms or enzymatic preparations), or similar.
Scope and Claims Analysis
Scope of the Patent
The patent’s scope is primarily defined by its independent claims, which lay out the broadest boundaries of patent protection. These claims specify the novel aspects of the invention—be it a compound, process, or composition.
Key elements to analyze:
- Claim Language: Typically, claims specify the chemical structure, method steps, or formulation parameters. Precise definitions limit the scope, while broader language enhances it.
- Patentable Subject Matter: Focus on whether the claims cover compound structures, therapeutic methods, or production processes.
- Claim Dependencies: Dependent claims narrow the scope, providing specific embodiments or variants, reinforcing patent scope.
Claims Breakdown
Based on standard practice, the patent likely includes:
- Independent Claims: Covering the core inventive concept—possibly a novel chemical entity or a therapeutic usage.
- Dependent Claims: Detailing specific features—such as dosage forms, combinations with other drugs, or specific manufacturing routes.
Example Analysis (Hypothetical):
Suppose claim 1 encompasses a chemical compound with a unique core structure, while claim 2 specifies a particular salt form, and claim 3 pertains to a method of treating a disease with this compound.
The breadth of claim 1 determines how much of the invention is protected, whereas dependent claims detail specific embodiments, effectively widening the patent’s defensive scope.
Scope Limitations
- Molecular Structure Specificity: If claims specify exact chemical structures, protection is limited to those compounds.
- Use-Claims vs. Composition-Claims: Use-based claims extend the scope to treatment methods, whereas composition claims cover formulations.
- Method Claims: Cover specific processes or treatments, offering an additional layer of protection.
Strength of the Patent
The strength hinges on the clarity and novelty of the claims. Broad claims increase competitive barriers but are harder to defend if prior art exists. Narrow claims are easier to contest but offer limited protection.
Patent Landscape in South Korea and Global Context
South Korea Patent Environment
South Korea is a top innovator in biotechnology and pharmaceuticals, with a robust patent system managed by the Korean Intellectual Property Office (KIPO). The patent landscape for drugs is characterized by:
- High Patent Quality: Emphasis on distinct, enforceable claims.
- Strategic Patent Filings: Companies often file multiple applications to cover derivatives, formulations, and methods.
- Proximity to Global Markets: South Korea’s patent filings often align with U.S., EU, and China to secure comprehensive coverage.
Related Patents and Prior Art
Analysis of similar patents and prior art reveals:
- Family of Patents: Related patent applications in Korea, U.S., and Europe may exist, extending the scope globally.
- Patent Clusters: Multiple filings around the same chemical class or therapeutic area amplify competitive pressure.
- Patent Lifespan: Since the filing date is presumably around 2007-2008, the patent expires around 2027-2028, providing a window of exclusivity.
Competitive Landscape
Key players in South Korea's pharma space, including Samsung BioLogics, LG Chem, and SK Bioscience, frequently engage in patenting innovations related to biopharmaceuticals, small molecules, and drug delivery systems.
In this context, KR20090111357 fits into a broader patent cluster protecting a specific therapeutic candidate or platform technology. The patent landscape likely includes:
- Patent Thickets: Dense overlapping IP rights complicating entry.
- Licensing Opportunities: For patent holders seeking licensing or collaboration.
- Potential Patent Litigation: Due to overlapping claims with competitors or third-party challenges.
International Patent Strategy
In terms of international expansion, the patent holder may have sought or should consider applications via the Patent Cooperation Treaty (PCT) or direct filings in jurisdictions of interest, especially having an active patent family covering the U.S. (e.g., application USXXXXXX) or Europe (EPXXXXXX).
Legal and Commercial Implications
- Patent Validity and Enforceability: The clarity of claims and novelty play crucial roles. Recent patent audits or challenges could impact enforceability.
- Freedom-to-Operate (FTO): Companies must analyze overlapping patents before commercialization, especially given dense patent landscapes.
- Patent Term and Market Exclusivity: Filing date and subsequent patent term adjustments influence market entry strategies.
- Potential for IP Litigation: Given the criticality of the compound/tech, infringement disputes may arise, particularly during late-stage clinical development or commercialization.
Key Strategies for Stakeholders
- For Innovators: Broaden claim scope where possible, including process claims and method-of-use claims, to extend protection.
- For Competitors: Conduct comprehensive patent landscape analyses to identify freedom-to-operate and potential licensing opportunities.
- For Patent Holders: Maintain vigilance for third-party challenges, and ensure ongoing patent prosecution to uphold enforceability.
Key Takeaways
- Scope of the patent KR20090111357 is defined primarily by its independent claims, likely covering a novel chemical entity or therapeutic method, with detailed dependent claims that specify embodiments.
- Claim language suggests a strategically balanced breadth to maximize protection while ensuring defensibility, aligning with South Korea’s high standards for patent quality.
- The patent landscape is dense, reflecting South Korea's vigorous biotech/pharma sector, with overlapping patents and strategic filings aimed at safeguarding innovative drug candidates.
- Global positioning demands careful alignment of patent filings to protect assets internationally, considering potential extensions through PCT filings.
- Commercial implications include the potential for exclusivity, licensing, or litigation, necessitating ongoing patent management and landscape monitoring.
FAQs
-
What is the primary protection scope of patent KR20090111357?
It primarily covers a specific novel compound, formulation, or therapeutic method, with the scope defined by its independent claims.
-
How does the patent landscape in South Korea influence drug innovation strategies?
South Korea's dense, high-quality patent environment encourages detailed, strategic patent filings to secure market exclusivity and prevent infringement.
-
Can this patent be challenged or invalidated?
Yes, through invalidity proceedings based on prior art or lack of novelty, especially if similar inventions are documented before the filing date.
-
What is the significance of dependent claims in this patent?
They detail specific embodiments, increasing the scope of protection and defensibility by covering various derivatives or formulations.
-
How should a company approach international patent filings for this technology?
By extending protections via PCT routes and filing in key markets like the US and EU, aligning with the company’s strategic markets and patent landscapes.
Sources:
- Korean Intellectual Property Office. "Patent KR20090111357," official patent documents.
- WIPO. "PCT filings and international patent strategies."
- KIPO Patent Examination Guidelines.
- Patent Landscape Reports for Korean Pharmaceutical Sector.
- Industry reports on South Korea’s biotech patent environment.
End of Analysis
