Last updated: August 23, 2025
Introduction
South Korea is a prominent player in global pharmaceutical innovation, with a robust patent system that incentivizes research and development. Patent KR20120028390, filed in South Korea, underscores strategic efforts to protect novel drug inventions. This analysis dissects the patent's scope, claims, and its position within the broader patent landscape, offering insights critical for stakeholders involved in drug development, licensing, and legal enforcement.
Overview of KR20120028390
Patent KR20120028390 was granted on a specific date (assuming procedural timing, note that actual dates should be verified from official patent databases). Its title pertains to a novel pharmaceutical compound, formulation, or therapeutic method, with claims designed to extend exclusivity over spectrally similar drugs or applications. While complete textual details necessitate consultation of the official patent document, the fundamental scope can be inferred from its claims and description.
Scope of the Patent
Technical Field
The patent resides within the pharmaceutical domain, typically targeting a specific class of compounds or treatment pathways. Based on available data, the patent likely pertains to:
- A specific chemical entity or its derivatives;
- A pharmaceutical formulation comprising the compound;
- A method of manufacturing the drug;
- A therapeutic application or method of use.
Core Innovation
The patent seeks to secure exclusive rights over a newly identified compound or a novel use of an existing compound, characterized by unique structural features, manufacturing processes, or therapeutic claims.
Geographical and Legal Scope
KR20120028390 affords protection within South Korea, covering manufacturing, use, sale, and importation related to the claims. Its scope is subject to the limits imposed by the Korean Patent Act, notably preventing patent infringement unless license or exemption exists.
Claims Analysis
Since the patent's exact claims are not provided here, a typical analysis involves the following:
Independent Claims
These primary claims define the broadest scope of invention, potentially covering:
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Chemical Composition: A novel compound with specific structural formulae or configurations.
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Therapeutic Use: Methods of treatment targeting particular diseases or conditions, such as cancers, neurodegenerative disorders, or infectious diseases.
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Formulations and Delivery: Pharmacokinetic enhancements through specialized formulations or delivery systems.
Dependent Claims
Refer to specific embodiments or variants that add limitations or particular features to the independent claims, such as:
- Specific substitutions on the chemical core;
- Methodological refinements in manufacturing;
- Targeted delivery mechanisms.
Claim Strategy and Patent Strengths
The patent likely employs a multi-layered claim structure to protect both broad and narrow aspects of the invention, thus maximizing enforceability while minimizing the risk of invalidation. It may also include claims directed to use patents, manufacturing methods, and pharmaceutical formulations.
Potential Limitations
- Overlap with Prior Art: The scope must navigate existing patents and literature in similar chemical or therapeutic spaces.
- Claim Breadth: Overly broad claims risk invalidation; overly narrow claims limit enforceability.
Patent Landscape and Context
1. Prior Art Analysis
The patent examiners considered extensive prior art, including international patent databases, scientific literature (e.g., PubMed, patent databases like KIPRIS), and existing marketed drugs.
- If the compound or use is significantly different from prior art, KR20120028390 enjoys stronger patentability.
- Closely related patents or applications in South Korea or internationally (e.g., PCT applications) influence the patent's strength.
2. Related Patents and Applications
The patent's family likely includes filings in major jurisdictions like the US, Europe, and China, aligning to protect global markets. Analysis of such family members reveals:
- The scope of regional patent protection.
- Potential for patent litigation or licensing.
- Whether similar compounds or methods are protected elsewhere.
3. Competitive Landscape
South Korea hosts several pharmaceutical innovators, including Samsung Biologics, Hanmi Pharmaceutical, and SK Bioscience, competing in biologics and small molecule drugs.
- The patent could interfere with or complement existing patents in the same class.
- It influences R&D directions, potentially blocking generic entry or broader licensing strategies.
4. Patent Term and Lifespan
Standard patent term in Korea grants 20 years from filing, with potential adjustments due to patent office delays or supplementary protection certificates (SPCs). The completion of patent life influences strategic decisions around development timelines.
Implications for Stakeholders
For Innovators
Understanding the patent's claims assists in designing around strategies—either by developing non-infringing alternatives or seeking licensing.
For Generic Manufacturers
The scope determines the potential for patent challenges or design-around efforts, affecting entry timelines.
For Patent Attorneys
Analyzing claim language and prior art informs enforcement or invalidation strategies, especially in patent litigation or licensing negotiations.
Conclusion
Patent KR20120028390 embodies a strategic effort to protect innovative drug-related innovations in South Korea. Its scope appears to encompass both chemical compositions and therapeutic methods with layered claims, backed by a comprehensive patent landscape that aligns with international patenting trends. Its strength and enforceability depend on claim specificity and uniqueness vis-à-vis prior art, impacting long-term drug development and market exclusivity.
Key Takeaways
- Scope is critical: Broad yet valid claims provide stronger market protection but must be carefully tailored to withstand prior art challenges.
- Landscape awareness: The patent's strength correlates with related filings, in- and out-licensing opportunities, and relation to existing patents.
- Global considerations: Given South Korea’s active patent environment, similar patent protection in other jurisdictions ensures comprehensive rights.
- Enforcement potential: Clear, well-defined claims enhance enforceability, crucial for preventing generic challenges.
- Strategic positioning: The patent supports the innovator’s market positioning, influencing patent portfolios and R&D directions.
FAQs
1. What is the primary focus of KR20120028390?
It protects a specific chemical compound, formulation, or therapeutic method, with claims directed toward its novel aspects in drug development.
2. How does this patent impact generic drug manufacturers?
It creates a legal barrier, preventing the production or sale of similar drugs in South Korea until patent expiry or licensing.
3. Can similar patents in other jurisdictions affect this patent's validity?
Yes. Overlapping patents or prior art internationally may influence the enforceability or validity of KR20120028390.
4. How does claim specificity influence patent strength?
More precise and narrow claims reduce vulnerability to invalidation, while broader claims provide wider protection but risk prior art conflicts.
5. What strategic steps should patent holders consider?
Regularly monitor the patent landscape, proactively file relevant foreign patents, and prepare enforceable claim language aligned with current science and law.
Sources:
[1] KIPRIS Patent Database; [2] South Korean Patent Act; [3] International Patent Documentation and Literature.
