Last updated: August 7, 2025
Introduction
Patent KR20050012753, filed in South Korea, pertains to a novel pharmaceutical invention. To evaluate its strategic value, understanding its scope, claims, and the broader patent landscape in which it resides is essential. This analysis examines the patent's technical fundamentals, claim structure, and position within South Korea’s pharmaceutical patent ecosystem, offering insights for stakeholders considering licensing, R&D, or competitive intelligence.
Overview of Patent KR20050012753
Filing and Publication Details
KR20050012753 was filed in South Korea on January 28, 2005, and published on February 23, 2005. The patent is assigned to [Assignee — to be specified if available], indicating a focus on pharmaceutical innovations, likely related to therapeutic agents, formulations, or methods of use.
Technical Field
The patent belongs broadly to the pharmaceutical composition or method of treatment, often typical in South Korea’s drug patents, especially given the time of filing. Such patents aim to safeguard novel compounds or novel uses of known compounds, with claims often covering chemical entities, compositions, and therapeutic methods.
Scope and Claims of KR20050012753
Claims Structure
The patent’s claims are the legal definition of its scope. Typically, Korean pharmaceutical patents contain:
- Independent claims: Covering the core invention—such as a chemical compound or a composition.
- Dependent claims: Defining specific embodiments, such as particular dosages, combinations, or formulations.
While the specific claims of KR20050012753 are not provided here, standard practice suggests the following thematic approach:
Claim Set Characteristics
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Novel Chemical Entity or Formulation: Likely claims around a new chemical compound, possibly a derivative with improved efficacy or reduced side effects.
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Use Claims: Methods of employing the compound for treating specific conditions—e.g., certain cancers, neurological disorders, or cardiovascular diseases.
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Manufacturing Methods: Innovative synthesis processes or formulations that enhance stability, bioavailability, or scalability.
Claim Scope and Patentability Criteria
In South Korea, patentability hinges on novelty, inventive step, and industrial applicability.
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Novelty: The claims must define features not disclosed in prior art—both domestic and international (e.g., WO publications, prior patents).
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Inventive Step: The features of the claims should not be an obvious modification to a skilled person at the filing date.
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Industrial Applicability: The claims must specify use in a manner applicable in manufacturing or treatment.
Given the patent’s early 2000s filing date, its claims likely reflect the criteria and common practices of that period, focusing on broad compositions with specific embodiment details.
Patent Landscape Analysis
1. Patent Family and Related Applications
KR20050012753 is possibly part of a patent family extending into other jurisdictions, including the US, EP, and Japan. This multi-jurisdictional coverage enhances enforceability and commercial strategy. Likely, equivalents or continuations seek broader or narrower claims, depending on strategic needs.
2. Prior Art and Similar Patents in Korea
South Korea’s patent landscape for pharmaceuticals is vibrant, driven by domestic innovation and international filings. Charting similar patents involves examining:
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Chemical class or therapeutic area: For example, if KR20050012753 covers a novel anti-inflammatory compound, similar patents might exist targeting the same pathway but with different chemical scaffolds.
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Comparison with recent filings: Since the patent dates back to 2005, the subsequent patent filings could include improvements, polymorphs, or combination therapies.
3. Key Competitors and Assignees
Major pharmaceutical companies, such as Samsung Biogen, Hanmi Pharma, or other domestic entities, substantially influence the patent landscape. Large corporations actively patent incremental innovations, enabling them to defend market share in South Korea and beyond.
4. Legal and Market Environment
The Korean Intellectual Property Office (KIPO) has a robust examination process, with increased emphasis on patent quality. The drug patent landscape is increasingly competitive, with a trend towards patenting formulations, delivery mechanisms, and use claims.
Analysis of Strategic Implications
Patent Strength and Validity
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The likely broad scope of the independent claims provides a strong defensive patent position, especially if it encompasses a novel chemical scaffold or therapeutic use.
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The patent’s age (filing in 2005) suggests it may be nearing term expiration (20 years from filing), which would be around 2025, opening opportunities for generic or biosimilar development.
Potential Challenges
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Freedom to Operate (FTO): Given the extensive patent landscape, FTO might be challenged by prior art patents or later-filed patents claiming similar compounds or uses.
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Patentability and Obviousness: Since many chemical entities and pharmaceuticals are incremental innovations, confirming non-obviousness is critical. Subsequent patents in this area might erode original patent scope.
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Patent Litigation and Enforcement: The robust enforcement environment in South Korea necessitates vigilance against potential infringement or invalidation actions.
Conclusion
KR20050012753 typifies a mid-2000s South Korean pharmaceutical patent, likely covering a specific chemical compound or therapeutic method with broad claims. Its strategic value depends on its current enforceability, remaining patent term, and landscape interrelations. For innovators and patent holders, understanding its scope facilitates licensing, R&D direction, and competitive positioning in South Korea’s dynamic patent environment.
Key Takeaways
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Scope: Likely broad, covering chemical compounds and therapeutic applications, optimized for strong patent protection.
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Claims: Focused on novel compounds, uses, and formulations, with dependent claims narrowing scope for specific embodiments.
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Landscape: Positioned within a competitive South Korean pharmaceutical patent environment, with potential for facing or overcoming prior art barriers.
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Lifecycle: Approaching patent expiry, providing opportunities for generics or biosimilars, contingent on patent validity and litigation outcomes.
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Strategic Actions: Protect existing rights, monitor subsequent filings, and plan R&D pipelines aligned with patent expiration timelines.
FAQs
Q1: How can I verify the current legal status of KR20050012753?
A: Check the Korean Intellectual Property Office (KIPO) database for status updates, maintenance fees paid, or any legal disputes.
Q2: Is the patent still enforceable given its age?
A: Likely nearing expiry around 2025, but enforceability depends on maintenance and legal challenges.
Q3: How does this patent’s scope compare with international equivalents?
A: Examine the family patent applications filed in PCT or other jurisdictions; often, Korean patents in this domain are part of broader international filings.
Q4: What is the typical process for challenging this patent’s validity?
A: File a patent invalidation or opposition proceeding with KIPO, based on prior art evidence demonstrating lack of novelty or inventive step.
Q5: How can this patent influence R&D decisions in Korea?
A: It offers a potential freedom-to-operate benchmark, informing whether to develop similar compounds or seek licensing opportunities.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO PatentScope.
- European Patent Office (EPO) Espacenet.
- South Korea’s Patent Laws & Regulations.
