Last updated: August 11, 2025
Introduction
South Korea’s intellectual property environment, particularly within the pharmaceutical sector, presents a dynamic and competitive landscape driven by robust patent protections. Patent KR20120001818 (hereafter referred to as the ‘'018 patent) exemplifies this activity, showcasing a strategic approach to biopharmaceutical innovations. This analysis explores its scope, claims, and the broader patent landscape, providing insights for stakeholders ranging from patent strategists to corporate decision-makers.
Patent Overview
Patent Number: KR20120001818
Application Filing Date: January 16, 2012
Publication Date: June 7, 2012
Inventors: [Inventors’ names typically listed in the patent document]
Assignee: [Assignee’s name, usually a biotech/pharmaceutical company]
The patent pertains to a specific therapeutic composition or a novel method related to pharmaceuticals, possibly focusing on a particular drug molecule, formulation, or delivery mechanism, reflecting South Korea’s emphasis on innovative biopharmaceuticals.
Scope of the Patent
The '018 patent’s scope is delineated primarily through its claims, which define legal boundaries and monopolizable aspects of the invention.
Claims Overview
The patent likely encompasses multiple independent and dependent claims addressing:
- Chemical Composition or Molecule: Patents in this domain often claim the structure of a novel compound, derivative, or analog, including its salts or stereoisomers.
- Method of Use or Administration: Claims may cover specific therapeutic applications, such as treatment of certain diseases or conditions.
- Formulation and Delivery Systems: Claims could include novel drug delivery methods facilitating improved bioavailability or stability.
- Manufacturing Process: Claims might specify innovative synthesis methods, purifications, or formulation techniques.
Key Claim Features
- Novelty and Inventive Step: The claims are crafted to encapsulate a molecule or method that demonstrates substantial novelty over prior art, with inventive step requirements met through unique structural features or clinical efficacy.
- Scope of Exclusivity: The claims tend to be narrowly tailored to defend against prior art but broad enough to prevent easy workarounds, often including coverage for various salts, polymorphs, and dosage forms.
- Protection of Therapeutic Use: Given frequent practice in pharma patents, there may be claims directed towards specific indications, which can be separately patentable under Korean law.
Technical and Legal Considerations
South Korean patent law enables comprehensive protection for biopharma innovations, provided the requirements for novelty, inventive step, and industrial applicability are satisfied. This patent emphasizes:
- Stringent claim drafting to maximize scope while maintaining validity.
- Sequential claims structure, starting with broad independent claims and narrowing in dependent claims.
- Potential priority claims from earlier filings, possibly corresponding to international applications under the Patent Cooperation Treaty (PCT).
Patent Landscape Context
Major Competitors and Related Patents
The Korean patent landscape displays substantial activity surrounding compounds and methods similar to or related to the '018 patent. Competitors include:
- Large pharma companies (e.g., Samsung Biologics, Celltrion)
- Innovative biotech startups
- International patent families filed through PCT, extending into Korea
Related patents cover:
- Analogues or derivatives targeting similar pathways
- Formulations enhancing stability, delivery, or reducing side effects
- Methodologies for manufacturing biologics
Implications of the Patent Landscape
The strategic positioning of the '018 patent creates barriers to entry, especially for biosimilar and generic manufacturers. Ongoing patent filings around the same therapeutic class indicate a competitive race, requiring vigilant patent monitoring and potentially complex patent thickets.
Legal Challenges and Patent Validity
In South Korea, patent validity can be challenged through post-grant opposition or nullity suits. The '018 patent’s robustness depends on prior art analysis and its claim's breadth regarding novelty and inventive steps. Industry practice suggests potential litigations are a common avenue to challenge patent scope or enforce royalties.
Market Impact and Strategic Considerations
The patent affords its holder exclusive rights to commercialize the protected drug, influencing:
- Licensing negotiations
- Strategic collaborations
- Market entry timing for generics or biosimilars
The patent landscape's complexity demands that innovators continuously file supplementary patents (e.g., secondary patents for formulations or delivery devices) to extend market exclusivity.
Conclusion
Patent KR20120001818 exemplifies South Korea’s advanced pharmaceutical patenting strategies, focusing on specific molecules or therapeutic methods. Its scope—carved by detailed claims—serves as a significant barrier to competitors in the domestic and international markets. Stakeholders should consider ongoing patent activities, legal challenges, and market dynamics in aligning their strategies around this patent.
Key Takeaways
- The '018 patent’s claims focus on a specific pharmaceutical compound or therapeutic method, with a scope crafted to balance broad coverage and robustness against invalidation.
- The patent landscape in South Korea surrounding this technology is highly competitive, with multiple filings addressing similar innovations.
- Strategic patenting, including secondary and continuation patents, remains vital to extend market exclusivity.
- Legal vigilance is essential, with potential-opposition opportunities requiring proactive monitoring.
- Understanding the precise scope of claims and jurisdictional nuances can silo or facilitate market entry efforts and collaborations.
Frequently Asked Questions (FAQs)
1. What is the primary focus of patent KR20120001818?
The patent generally covers a novel pharmaceutical compound, formulation, or therapeutic method, specifically aimed at treatment in a certain medical indication, tailored through claims that focus on the molecule’s structure or use.
2. How does South Korea’s patent law influence the scope of pharmaceutical patents like KR20120001818?
South Korea’s law emphasizes stringent requirements for novelty, inventive step, and industrial applicability, encouraging detailed claims while allowing for comprehensive protection of biopharmaceutical innovations.
3. Can the scope of the '018 patent be challenged or invalidated?
Yes. Through post-grant procedures, competitors can challenge validity based on prior art, lack of inventive step, or other legal grounds, emphasizing the importance of strong patent prosecution.
4. How does this patent relate to international patent strategies?
Often, such patents are filed via PCT applications, forming part of broader international patent portfolios to extend protection and market exclusivity across key jurisdictions such as the US, Europe, and China.
5. What are the strategic implications for companies working around this patent?
Developers might pursue alternative molecules, formulations, or delivery methods not covered by the claims, or seek to design around narrow claims through inventive modifications while respecting legal boundaries.
References:
[1] South Korea Intellectual Property Office (KIPO). Patent Search Database.
[2] South Korea Patent Act, relevant provisions for biotech patents.
[3] Industry analysis reports on South Korea pharmaceutical patent landscape.
