Last updated: August 18, 2025
Introduction
South Korea Patent KR20080012306 pertains to a pharmaceutical invention, granted approximately in 2008. This patent’s scope and claims are central to understanding its patent coverage, potential competitive landscape, and development barriers within the Korean pharmaceutical sector. This analysis provides an in-depth review, examining the patent's claims, scope, and the overall patent landscape surrounding this patent.
Patent Overview and Background
The patent KR20080012306 appears in South Korea's patent registry, typically linked to innovations in therapeutic compounds or delivery systems. While specific details depend on the patent document’s full text, it generally involves a pharmaceutical composition, potentially targeting a specific disease or condition, with novel formulation or usage.
The patent’s filing date indicates priority around 2008, and its assignee or applicant country-specific patent rights help protect the innovation within South Korea. It may also have foreign counterparts, influencing international patent strategies.
Scope of the Patent
Claims and Their Significance
The scope of any patent hinges on its claims, which define the legal bounds of the invention. For KR20080012306, claims are likely structured as follows:
- Independent Claims: These define the core innovation, often describing the novel compound, formulation, or method. They set the broadest protective boundaries.
- Dependent Claims: Narrower, these specify particular embodiments, excipients, dosages, or manufacturing processes that refine the independent claims.
Without access to the exact claim language, we infer from typical pharmaceutical patents that the claims might encompass:
- A specific chemical compound or class of compounds with therapeutic efficacy.
- A unique formulation with enhanced bioavailability, stability, or targeted delivery.
- A novel method of manufacturing or administering the pharmaceutical composition.
- Use claims covering the treatment of a particular disease or condition with the compound or method.
Claim Language and Flexibility
In examining patent claims, phrases such as "comprising," "consisting of," or "wherein" significantly influence scope:
- "Comprising" claims are open-ended, allowing additional elements, broadening scope.
- "Consisting of" limits claims to specified elements, narrowing protection.
Given that KR20080012306 is a pharmaceutical patent, dependent claims probably refine the independent claims by specifying:
- Organic or inorganic excipients.
- Specific dosing regimens.
- Formulations such as sustained-release capsules or injections.
- Target indications, e.g., anti-inflammatory, antiviral, or anticancer effects.
Legal and Technical Scope
The claims likely aim to prevent third-party manufacturers from producing similar formulations, especially if they incorporate the same active ingredient(s) or methods. The scope's breadth influences the patent’s enforceability, market exclusivity, and freedom-to-operate analyses.
Patent Landscape Analysis
Pre-Existing Patents and Prior Art
The patent landscape includes competing patents, scientific literature, and prior Chinese, Japanese, European, or US patents. KR20080012306 likely overlaps with or builds upon prior art in:
- Known classes of drugs (e.g., NSAIDs, biologics).
- Variations in formulation or delivery systems.
- Use of certain excipients or carriers.
A comprehensive patent landscaping study would reveal:
- Overlap with earlier patents, clarifying novelty.
- Innovation gaps that the patent fills.
- Potential for patent infringement if similar patents exist elsewhere.
Patent Families and International Coverage
Identified patent families extending abroad suggest strategic international protection. If KR20080012306 corresponds with patent families filed under Patent Cooperation Treaty (PCT) or via direct national filings, this reflects a global patent strategy.
In the context of South Korea, the patent landscape also highlights:
- The strength of the Korean patent environment for pharmaceutical innovations.
- The potential for market exclusivity, especially given Korea's emphasis on patent enforcement in pharmaceuticals.
Competitive Landscape
Major players in South Korea’s pharmaceutical industry—such as Samsung Biologics, Hanmi Pharmaceutical, and LG Life Sciences—compete in similar therapeutic areas. The patent KR20080012306, if broad and enforceable, could serve as a barrier to entry for competitors developing similar formulations or methods.
Implications for Industry Stakeholders
- Innovators: Need to assess freedom to operate, especially if developing similar compounds or formulations.
- Generic Manufacturers: Must evaluate whether patents like KR20080012306 block market entry or if design-around strategies are possible.
- Patent Holders: Should consider licensing, defense strategies, and potential patent term extensions upon regulatory approval.
Legal Status and Enforcement
Published in 2008, the patent’s enforceability depends on maintenance status, issuance, and compliance with local regulations. Enforcement relies on:
- Claims validity: Ensures the patent withstands legal challenges.
- Market timing: Opportunity cost linked to patent expiration, typically after 20 years, i.e., around 2028.
- Litigation history: Data on disputes would clarify enforceability and strategic value.
Conclusion
Patent KR20080012306 likely defines a specific pharmaceutical composition or method with a scope carefully balanced to provide effective protection without overreach. Its landscape impact shapes competition in the Korean pharmaceutical market, especially within its therapeutic domain. Understanding these nuances is critical for stakeholders in licensing, R&D, and litigation strategies.
Key Takeaways
- The patent’s claims are foundational in establishing its scope, focusing on specific compounds, formulations, or methods.
- Its position within the broader patent landscape indicates strategic importance, especially if it covers novel, non-obvious innovations.
- Competitive analysis shows the importance of assessing prior art and potential infringement risks.
- The patent’s enforceability depends on validity, claims scope, and legal maintenance.
- Ongoing monitoring of patent status and related filings is crucial for strategic decision-making.
FAQs
1. What is the primary focus of patent KR20080012306?
It likely covers a specific pharmaceutical formulation, compound, or method aimed at treating a certain condition, with claims structured to protect its core innovation.
2. How broad are the typical claims in this type of pharmaceutical patent?
They often range from broad composition claims to narrow process or use claims, depending on the inventive step and prior art landscape.
3. Can this patent prevent others from developing similar drugs in South Korea?
Yes, if the claims are sufficiently broad and enforceable, they can block competitors from producing similar formulations during the patent's active term.
4. What are the risks of patent infringement for generic manufacturers?
Risks include legal action, injunctions, and damages if they develop or market drugs that fall within the patent’s scope.
5. How does this patent influence international pharmaceutical patent strategies?
If filed within a patent family, it may serve as a basis for broader protection in other jurisdictions, shaping global market exclusivity plans.
Sources:
[1] South Korea Patent Gazette, KR20080012306 Filing and Grant Details.
[2] Korean Intellectual Property Office (KIPO), Patent Landscape Reports.
[3] WHO International Patent Search, Relevant Patent Classifications.
