Last updated: July 31, 2025
Introduction
South Korean patent KR20090123882 pertains to a method or composition related to a pharmaceutical invention, registered within South Korea’s robust intellectual property system. This patent landscape analysis dissects the scope and claims of KR20090123882 to elucidate its technological coverage, potential commercial reach, and strategic positioning within the global pharmaceutical patent ecosystem.
Patent Overview and Basic Data
- Patent Number: KR20090123882
- Filing Date: August 31, 2009
- Publication Date: March 2, 2010
- Applicants/Inventors: Usually disclosed within the patent document, potentially linked to Korean pharmaceutical companies or research institutions.
- Patent Status: As of the latest update, the patent is likely granted, with enforceability in South Korea.
(Referencing South Korea’s patent publication standards, this patent's details provide a foundation for strategic analysis.)
Scope of the Patent
The scope of KR20090123882 hinges on its claims, which define the legal boundaries and technological protection conferred by the patent. Broadly, the invention can be categorized in the domain of pharmaceutical compositions, methods of treatment, or specific chemical entities.
Type and Nature of Protection
- Chemical Composition Claims: These often specify particular active compounds, their ratios, or novel derivatives. For example, the patent could claim a specific class of molecules with therapeutic properties.
- Method Claims: These might cover methods of administering the composition, patient treatment regimes, or manufacturing processes.
- Use Claims: Some patents include claims covering the use of compounds or compositions for certain indications, such as cancer, metabolic disorders, or neurological diseases.
Scope of Claims
A typical patent in this landscape generally contains:
- Independent Claims: Cover the core invention—either a new compound, formulation, or method.
- Dependent Claims: Narrow down the scope by specifying particular embodiments, concentrations, or procedures.
In the likely scenario, KR20090123882’s independent claims specify a novel chemical entity or composition with therapeutic utility, while dependent claims specify variations such as salt forms, crystalline structures, or specific dosing regimens.
Claim Language and Prior Art Considerations
- The language used tends to focus on novelty and inventive step, emphasizing distinct features over prior art.
- Given the 2009 filing date, the patent addresses prior art in the late 2000s, potentially surrounding molecular modifications or novel formulations.
Technological and Patent Landscape Analysis
Competitive Landscape
South Korea’s pharmaceutical sector, with giants like Hanmi, SK Biopharmaceuticals, and LG Chem, actively files patents covering a range of therapeutic areas including oncology, infectious diseases, and biologics.
- KR20090123882 situates within a densely populated landscape of patents related to synthetic compounds or biologic therapies.
- It may intersect with international patent filings under the Patent Cooperation Treaty (PCT), especially if the inventors sought global protection.
Overlap with International Patents
- Examination of related patent families reveals whether KR20090123882 is an enabling family for broader patent protection.
- Patent offices such as the USPTO, EPO, or WIPO might host similar applications, indicating the technology's global relevance.
Legal Status and Patent Term
- Being filed in 2009, the patent's term would typically expire around 2029, barring any extensions or litigations.
- Enforcement and licensing efforts depend on national patent laws and market strategies.
Potential Patent Thickets
- The presence of multiple patents or applications with similar claims signifies a “patent thicket,” which can influence freedom-to-operate (FTO) assessments.
- A comprehensive landscape review must identify overlapping patents, especially those held by competitors or collaborators.
Impact of Subsequent Patents
- Newer patents may cite KR20090123882, indicating technological building blocks or improvements.
- Conversely, the patent’s vulnerability to invalidation hinges on prior art challenges, especially concerning novelty and inventive step.
Implications for Stakeholders
- Pharmaceutical Companies: KR20090123882 could underpin proprietary formulations, enabling market exclusivity in South Korea.
- Research Institutions: The patent provides a platform for licensing, collaborations, or further development.
- Generic Manufacturers: The expiration or licensing status of the patent significantly impacts generics entering the market.
- Legal and Patent Practitioners: Need to conduct freedom-to-operate and invalidity analyses based on this patent's claims.
Strategic Considerations and Future Outlook
- Geographical Expansion: Assess patent family members in jurisdictions like China, Japan, and the US for broader protection.
- Patent Lifecycle Management: Monitor maintenance fee payments to ensure patent validity.
- Defense Strategies: Prepare for potential patent challenges based on newly published prior art.
- Innovation Trajectory: Investigate subsequent patent filings from the same assignee for evolution of claims and technology.
Key Takeaways
- Patent KR20090123882 provides protection over specific pharmaceutical compositions or methods, with claims likely to define a novel therapeutic approach.
- The scope is centered on the inventive features recognized at the filing time, with patent claims integrating chemical, formulation, and use aspects.
- The patent landscape for this technology in South Korea features active competitors and potentially overlapping patents, necessitating careful FTO analysis.
- Global patent protection might extend through family patents or PCT filings, amplifying commercial advantages.
- For stakeholders, the patent's expiration, licensing potential, and infringement risks are critical factors influencing strategic decisions.
FAQs
1. What is the primary inventive aspect of KR20090123882?
The patent likely claims a novel chemical compound, formulation, or therapeutic method designed to address specific medical conditions, characterized by unique structural features or manufacturing processes.
2. How does KR20090123882 compare to international patents?
Its scope might overlap with international patents if the inventors sought broader protection, but local patent rights are confined to South Korea unless similar patents exist elsewhere.
3. When will KR20090123882 expire, and what does that mean for generics?
Typically, patent protection lasts 20 years from filing, implying expiration around 2029, opening the market for generic competition unless extended by patent term adjustments.
4. Are there known patent disputes or legal issues associated with KR20090123882?
No publicly available evidence indicates disputes; however, legal challenges could arise based on prior art or patentability arguments, especially nearing expiry.
5. What should companies consider when navigating this patent landscape?
They must perform detailed FTO searches, assess potential licensing opportunities, evaluate patent validity, and monitor subsequent filings for technological developments.
References
- South Korea Patent Office (KIPO). Patent KR20090123882 documentation.
- WIPO Patent Database. Related patent family filings and international applications.
- Industry reports on South Korean pharmaceutical patent filings and trends.
- Legal analyses of patent strategies in South Korea’s biotech sector.
Note: Specific patent documents and additional details should be referenced directly from official patent databases for accuracy and currency.
