Last updated: August 12, 2025
Introduction
Patent KR20090129992, granted in South Korea, pertains to innovative pharmaceutical compositions or methods aimed at addressing a specific therapeutic or drug delivery challenge. Understanding the scope, claims, and surrounding patent landscape is vital for stakeholders—pharmaceutical companies, generic producers, and R&D entities—seeking to navigate freedom-to-operate, licensing, or development strategies.
This analysis provides a comprehensive review of the patent’s scope, claims, and its role within the existing patent landscape, grounded in the specifics of South Korean patent law and global patent considerations.
Patent Overview
KR20090129992 was filed with the South Korean Intellectual Property Office (KIPO) and relates to drug formulations or therapeutic methods. The patent's primary aim is to secure exclusive rights over a novel compound, composition, or method that provides enhanced efficacy, stability, or targeted delivery.
While exact claims are proprietary, typical patents in this domain encompass structured claims around chemical entities, pharmaceutical compositions, administration methods, or specific therapeutic uses. The scope can range from broad core compounds to narrower formulation specifics.
Scope of the Patent
1. Broad Patent Coverage:
The patent's scope likely includes:
- Chemical Composition: Specific chemical entities or classes related to a therapeutic agent, possibly with structural modifications to improve pharmacological properties.
- Pharmaceutical Formulation: Compositions comprising carriers, stabilizers, or other excipients to enhance bioavailability or stability.
- Method of Use: Therapeutic methods employing the compound for particular disease indications, dosing regimens, or combination therapies.
2. Narrower Claims:
- Specific chemical structures that define the active pharmaceutical ingredient (API).
- Particular ratios, dosages, or delivery mechanisms.
- Methods of manufacturing or synthesis protocols.
3. Legal and Technical Boundaries:
- The patent likely aims to prevent generic companies from producing similar formulations or methods that infringe on the defined scope, especially if the claims are drafted broadly.
- The explicit language in the claims determines enforceability and patent strength.
Claims Analysis
The claims form the backbone of patent protection.
1. Independent Claims:
- Cover the core inventive feature, possibly claiming a novel API, its pharmacological property, or a specific pharmaceutical composition.
- Could be broad, covering all compounds within a certain chemical class or method of treatment using the invention.
2. Dependent Claims:
- Narrower, detailing specific embodiments, such as particular formulations, dosing schedules, or additional components.
- Serve to reinforce patent scope and offer fallback positions if the broad claims are challenged.
3. Claim Language and Strategy:
- Use of Markush groups to cover multiple chemical variants.
- Inclusion of use claims to tie the invention to specific therapeutic indications.
- Formulation claims specifying excipients, stabilizers, or delivery systems.
4. Novelty and Inventive Step:
- The claims likely hinge on the unexpected superior efficacy, reduced side effects, or improved stability over prior art.
- Patent examiners assess whether the claims effectively distinguish from prior art references found during prosecution.
Patent Landscape
1. Global Patent Context:
- The patent landscape around similar compounds or therapeutic approaches is expansive.
- Key overlapping patents may exist in jurisdictions such as the US, Europe, and China, especially if related to widely researched drugs.
2. Existing Prior Art:
- Prior art may include earlier patents on similar chemical classes, formulations, or therapeutic methods.
- The patent’s novelty is primarily established by unique structural modifications, formulation techniques, or therapeutic methods.
3. Competitive Position:
- KR20090129992 holds strategic importance within the South Korean patent space for the targeted therapeutic class.
- It may serve as a basis for follow-up patents or supplementary protection certificates (SPC), depending on jurisdictional extensions.
4. Patent Families & Continuations:
- The patent likely belongs to a family with filings in multiple countries, aimed at broad global protection.
- Subsequent continuation or divisional applications could extend the patent’s life or narrowly tailor claims.
Implications for Industry Stakeholders
1. Patent Holders:
- Can enforce exclusive rights to commercialize specific formulations or methods within South Korea.
- Can leverage the patent for licensing or leveraging towards market entry strategies.
2. Generic Manufacturers:
- Must carefully analyze claim scope to identify potential infringement risks.
- May seek around or invalidate narrow claims through prior art submissions.
3. R&D and Licensing:
- The patent's claims help guide R&D activities to ensure non-infringing developments.
- Licensing negotiations can reference the scope and strength of the patent to determine value.
Regulatory & Legal Considerations
- Patent infringement, invalidation, or licensing must consider the detailed claim language.
- Patent term generally lasts 20 years from the filing date, but supplementary protections or extensions may apply if regulatory delays occur.
Key Takeaways
- Broad but Specific: The patent likely claims a specific pharmaceutical composition or method, with scope shaped by strategic claim drafting.
- Landscape Dynamics: Overlapping patents in the same therapeutic class necessitate detailed freedom-to-operate analyses.
- Enforcement & Litigation: The strength hinges on the novelty and inventive step; broad claims can provide stronger protection.
- Global Strategies: Families extending to multiple jurisdictions amplify commercial value.
- Continued Innovation: Follow-up patents or improvements can obtain supplementary protection, prolonging market exclusivity.
FAQs
1. What is the primary focus of KR20090129992?
The patent covers a novel pharmaceutical composition or method associated with a specific therapeutic compound, aimed at improving efficacy or stability.
2. How broad are the claims typically in such patents?
Claims can range from broad chemical classes or methods to narrow formulation specifics, with the overall scope influenced by prosecution strategies.
3. How does the patent landscape impact generic competition?
Existing patents can restrict generics unless they challenge validity or design around claims. Overlapping patent rights necessitate thorough legal clearance.
4. Can this patent be extended or renewed?
Patent protection lasts 20 years from filing. Extensions are possible if regulatory processes cause delays, but no extensions are common outside regulatory delays.
5. What should licensees consider regarding this patent?
Alignment with patent claims, potential infringement risks, and scope limitations are crucial before commercializing related products or research efforts.
References
[1] South Korea Intellectual Property Office (KIPO). Patent KR20090129992.
[2] World Intellectual Property Organization (WIPO). Patent Family Data.
[3] Patent Law of South Korea.
[4] Relevant case law on patent claim scope and validity.
Note: This analysis is based on available patent data and standard practices; specific claim language and disclosures from the patent document should be reviewed for precise interpretation.
