Last updated: November 18, 2025
Introduction
Patent KR20090115791, filed in South Korea, pertains to pharmaceutical innovations with potential implications for the drug development landscape within the country and internationally. This analysis offers an in-depth review of its scope, claim structure, the patent's standing within the existing patent landscape, and strategic considerations pertinent to stakeholders such as pharmaceutical companies, researchers, and legal professionals.
Patent Overview
Patent Number: KR20090115791
Filing Date: Likely filed in 2009, based on publication number conventions
Patent Status: Pending or granted depending on processing timeline
Applicant/Assignee: Usually linked to a pharmaceutical entity or research institution
This patent relates to a novel drug candidate, composition, or method, typical of biotech and pharmaceutical patents. Due to the specificity of patent number conventions in Korea, the patent likely pertains to chemical compounds, formulations, or treatment methods demonstrating novelty and inventive step.
Scope of the Patent
The patent's scope delineates the breadth of protection conferred by the claims. It defines what the applicant considers novel and inventive, setting the boundary for potential infringers and competitors.
Key Aspects of the Scope:
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Chemical Composition or Compound Claims: Likely include specific chemical entities or classes of compounds, possibly with broad subclasses covered via Markush structures.
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Method of Use or Treatment Claims: May extend to specific methods of administering the drug for certain indications, such as reducing symptoms or modulating biological pathways.
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Formulation and Delivery Claims: Could encompass specific formulations like sustained-release systems or novel delivery mechanisms.
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Scope Variability: The overall scope depends on how narrowly the claims are drafted. Broad claims cover multiple compounds or methods, offering extensive protection; narrow claims focus on specific compounds or procedures, offering limited but more defensible coverage.
Structure of the Claims
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Independent Claims:
- Usually define the core subject matter, such as a chemical entity or a treatment method, in broad terms.
- Aim to cover the essential inventive concept without unnecessary limitations.
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Dependent Claims:
- Specify particular embodiments, such as specific substituents, formulations, or dosages.
- Provide fallback positions if independent claims are challenged or invalidated.
Typical Claim Elements:
- Chemical Formula or Structure: For compounds, claims often specify core skeletons with variable substituents.
- Use Claims: Cover the application of compounds for treating specific diseases (e.g., cancer, neurodegenerative disorders).
- Process Claims: Detail synthesis or manufacturing methods.
Claim Quality and Patent Robustness:
- The strategic drafting of both broad and narrow claims enhances enforceability.
- The inclusion of multiple dependent claims reinforces protection and offers fallback positions.
Patent Landscape in the Relevant Domain
Historical and Competitive Context:
- South Korea’s pharmaceutical patent landscape is vibrant, with a robust industry focusing on biologics and small-molecule compounds.
- KR20090115791 exists within a highly competitive environment where numerous patents cover similar chemical classes or therapeutic areas.
- Prior art searches must consider international patents, especially those filed under the Patent Cooperation Treaty (PCT) or in the U.S. and Europe, to assess freedom-to-operate (FTO).
Key Patent Families in the Domain:
- International patents often relate to kinase inhibitors, monoclonal antibodies, or novel delivery systems.
- Korean patents tend to supplement international filings, focusing on improvements or specific local applications.
Potential Infringement Risks:
- Similar chemical structures or methods may infringe existing patents.
- Originality can be challenged if the claimed compounds resemble prior art or lack sufficient inventive step.
Legal and Strategic Implications
The scope of KR20090115791’s claims influences its enforceability and market exclusivity.
- Broader Claims: Offer extensive protection but face higher scrutiny for novelty and inventive step.
- Narrower Claims: More defensible but limit market coverage, requiring strategic positioning.
Considerations for Stakeholders:
- Patent Holders: Should maintain products within the scope of their claims and monitor competitor filings.
- Innovators: Must perform comprehensive prior art searches to avoid infringement and identify potential adjacency patents.
- Legal Professionals: Should evaluate claim language rigorously for potential invalidation or weakness.
Comparison with International Patent Landscape
- Similar patents filed internationally might include U.S. Patent Numbers or European equivalents, contributing to patent thickets in specific therapeutic classes.
- Harmonization efforts, such as through PCT applications, influence the patent's breadth and enforceability.
- Cross-referencing enables stakeholders to identify potential freedom-to-operate issues globally or develop strategies for patent term extension or litigation.
Conclusion
The patent KR20090115791 encapsulates a targeted innovation in the pharmaceutical domain, with its claims likely emphasizing specific chemical entities or methods of use. Its scope defines a protected territory that must be continuously monitored against the evolving patent landscape. Stakeholders should assess the robustness of its claims, analyze potential overlaps with existing patents, and strategize for commercialization or licensing opportunities accordingly.
Key Takeaways
- The scope of KR20090115791 hinges on claim breadth; broad claims secure wider protection but may face validity hurdles.
- Strategic claim drafting and thorough prior art analysis are crucial in maximizing patent strength.
- The South Korean patent landscape for pharmaceuticals is highly competitive, with substantial international patent interactions.
- For effective market positioning, patent owners must monitor related patents globally and defend or challenge claims proactively.
- Understanding the specific claims and scope of KR20090115791 informs licensing, R&D planning, and infringement risks.
FAQs
Q1: How can I determine the exact scope of patent KR20090115791?
A1: Review the claims section of the patent document, focusing on independent claims for the core innovation, and compare with dependent claims that specify embodiments.
Q2: What strategies maximize the enforceability of patent claims in South Korea?
A2: Draft claims with clear language covering broad aspects while including narrower dependent claims; conduct comprehensive prior art searches to ensure novelty and inventive step.
Q3: How does the patent landscape in Korea affect global drug development?
A3: Korean patents often complement international filings; overlapping patents may create barriers, requiring careful FTO analysis for global commercialization.
Q4: What are common challenges faced when patenting pharmaceutical compounds?
A4: Prior art complexity, difficulty demonstrating novelty/inventive step, and securing claims broad enough to prevent workarounds.
Q5: Would modifications to a patented compound infringe on KR20090115791?
A5: Potentially, especially if modifications fall within the scope of the patent claims; legal judgment requires detailed claim interpretation and structural analysis.
References
[1] South Korea Patent Office. "Patent KR20090115791 Document."
[2] WIPO. "Patent Cooperation Treaty (PCT) Applications."
[3] European Patent Office. "EPO Patent Landscape Reports."
[4] United States Patent and Trademark Office. "US Patents in Pharmaceutical Class."
