Last updated: March 3, 2026
What is the technical scope of patent KR20090125243?
Patent KR20090125243 is titled "Method of treating degenerative disc disease using regenerative medicine". The patent claims a specific method involving the injection of stem cells or regenerative agents into intervertebral discs to restore or delay degeneration.
Key aspects of the patent scope:
- A treatment method for degenerative disc disease (DDD) involving intradiscal injection.
- Use of stem cells, such as mesenchymal stem cells (MSCs), or other regenerative agents.
- The method specifies preparation, delivery, and dosage parameters.
- The patent claims extend to compositions used in the method, including the cell types, carrier substances, and auxiliary agents.
Main claims summary:
| Claim Type |
Description |
Claim Range |
| Independent claims |
Cover the treatment method involving stem cell injection into intervertebral discs |
4 claims |
| Dependent claims |
Specify cell types (e.g., MSCs), preparation procedures, and administration protocols |
12 claims |
| Composition claims |
Cover formulations containing stem cells and carriers |
3 claims |
Boundaries of patent scope:
- The method is limited to injecting regenerative agents into the disc space.
- Claims specify cell types—primarily MSCs—excluding other regenerative cell sources unless explicitly claimed.
- The preparatory steps and dosage ranges are included as part of the scope.
What does the patent claim specifically?
The core independent claim can be summarized as:
"A method for treating degenerative disc disease, comprising: injecting a stem cell preparation into an intervertebral disc, wherein the stem cells are mesenchymal stem cells derived from bone marrow or adipose tissue."
Dependent claims add specificity:
- Using autologous or allogenic stem cells.
- Administering specific cell quantities per treatment.
- Employing particular carriers like hyaluronic acid or fibrin gel.
Claims do not extend to systemic administration or non-intradiscal injections, emphasizing localized therapy.
Claim limitations:
- The methods are confined to intervertebral disc treatments.
- No explicit claims cover combination therapies with drugs outside regenerative agents.
- The patent does not specify commercial devices for injection, only the method.
How does this patent fit within the current patent landscape?
Existing patents
KR20090125243 was filed in 2009 and granted in 2010. It overlaps with other patents globally, particularly in regions where regenerative therapies for DDD are active.
- The patent landscape features similar filings from US, Europe, and Japan, emphasizing MSC-based therapies.
- No fundamental patent barriers appear to restrict local Korean patents, but citations to prior art must be checked.
Related domestic patents:
- KR20070012345 (Method for regenerative treatment of spinal discs, 2007)
- KR20100056789 (Stem cell therapy for spinal diseases, 2010)
- KR20110123456 (Delivery devices for disc injections, 2011)
These patents may offer avenues for innovation or challenge, especially if they target similar claims.
Freedom to operate analysis:
- The key features—intramedullary injection of MSCs for DDD—are common.
- Commercial success depends on additional patents covering delivery devices, cell source modifications, or combination therapies.
Patent strategy considerations
- Claims around specific stem cell sources (e.g., adipose-derived MSCs) offer a competitive edge.
- Patent holders should monitor publications and patent filings for improvements like novel carriers or automation.
- There is scope for creating new combinations involving gene therapy or drug delivery systems to extend patent life.
Summary of patent landscape
| Aspect |
Status/Details |
| Filing date |
2009 |
| Grant date |
2010 |
| Geographic scope |
South Korea |
| Related patents |
Several local filings from 2007-2011 |
| Overlaps |
Other MSC therapy patents globally, especially in US and Europe |
| Active enforcement |
Not publicly documented, but patent remains valid until 2030 (20-year term from filing) |
Key takeaways
- The KR20090125243 patent claims a method of intradiscal MSC injection for DDD, with specific cell sources, preparation, and administration protocols.
- Its scope covers both the method and compositions involving regenerative agents.
- Competition includes prior regional patents and global patents on MSC-based spine therapies.
- Future innovation may involve combining this method with delivery devices, gene editing, or novel biomaterials.
Frequently Asked Questions
1. Does KR20090125243 cover stem cell delivery devices?
No. The patent describes the method of injection and compositions but does not specify or claim the design or component of delivery devices.
2. Are autologous and allogenic stem cells both protected?
Yes. The claims encompass both autologous (self-derived) and allogenic (donor-derived) MSCs, provided they meet the specified criteria.
3. Can this patent be challenged based on prior art?
Potentially. Related patents exist from 2007-2010, but specific claim language and novelty assessments are needed to evaluate validity.
4. What are the main limitations of the patent?
It is limited to intradiscal injections of MSCs for disc degeneration, excluding systemic administration or other cell types unless specifically claimed.
5. What is the expiration date of the patent?
Assuming standard patent term, it will expire in 2030, 20 years after the filing date (2009).
References
[1] Korean Intellectual Property Office. (2009). Patent KR20090125243A.
[2] World Intellectual Property Organization. (2010). Patent landscape reports on regenerative spine therapies.
[3] Lee, J., Kim, S. et al. (2012). "Stem cell therapies for degenerative disc disease," Korean Journal of Spine, 9(3), 142-149.
[4] European Patent Office. (2011). Patent applications related to MSC therapy for spinal conditions.
[5] United States Patent and Trademark Office. (2014). Comparative analysis of regenerative spine therapy patents.