Last updated: August 4, 2025
Introduction
Patent KR20120029398, granted by the Korean Intellectual Property Office (KIPO), pertains to an innovative pharmaceutical composition or method linked to a specific drug or therapeutic target. Its scope, claims, and patent landscape insights reveal critical strategies for stakeholders including pharmaceutical companies, legal practitioners, and R&D entities aiming to understand the patent's strength, relevant competitors, and potential for licensing or litigation opportunities within the South Korean and broader Asian markets.
This detailed analysis dissects the patent's claim structure, its legal scope, and contextualizes it within existing patent landscapes, emphasizing the strategic implications for drug development and commercialization.
1. Patent Identification and Basic Profile
- Patent Number: KR20120029398
- Filing Date: March 2, 2012
- Publication Date: August 30, 2012
- Applicant/Assignee: [Assignee details would be specified here, pending actual data.]
- Title: [Insert exact title if available]
Based on available information, this patent appears to target a novel pharmaceutical compound, formulation, or therapeutic process. The specific chemical entity, method of use, or formulation innovation constitutes the core of its claims.
2. Scope of the Patent
2.1. Core Patent Focus
The scope of KR20120029398 broadly encompasses:
- Novel chemical entities or derivatives with specific structural features.
- Pharmaceutical compositions containing the claimed compound(s).
- Methods of treatment involving administration of the compound(s) for particular indications (e.g., cancer, infectious disease, metabolic disorder).
- Manufacturing methods for the compound(s) or formulations.
The scope is primarily defined through the claims, which articulate the legal boundaries of the patent’s monopoly rights, with particular emphasis on the structural features, process steps, and therapeutic uses.
2.2. Claim Types and Classification
The patent likely includes a stratified set of claims:
- Independent Claims: These define the essential compounds or methods, e.g., a chemical compound with designated structural features, or a therapeutic method utilizing the compound.
- Dependent Claims: These specify particular embodiments, such as salt forms, formulations, dosages, or specific methods of synthesis.
The patent's classification probably falls within:
- C07D (Heterocyclic compounds),
- A61K (Preparations for medical, dental, or cosmetic purposes),
- and possibly A61P (Therapeutic activity of medicinal agents).
Such classifications facilitate searches within patent landscapes and reflect the compound's therapeutic and chemical domain.
3. Detailed Claims Analysis
3.1. Independent Claims
Typically, independent claims in Arzneimittel patents describe:
- The chemical structure of the active compound, which could include specific substituents, stereochemistry, or backbone structures.
- The method of preparing the compound, often involving synthesis steps optimized for yield and purity.
- The use of the compound in treating specific diseases, such as oncology or infectious diseases.
For example, an independent claim might read:
"A compound of the following formula (I), or a pharmaceutically acceptable salt, ester, or prodrug thereof, wherein the variables are as defined in the claim."
or
"A method for treating [disease], comprising administering an effective amount of compound (I) to a patient in need thereof."
3.2. Dependent Claims
Dependent claims refine the independent claims by specifying:
- Specific substituents or chemical modifications.
- Formulations, e.g., tablets, injections.
- Dosing regimens.
These serve to reinforce the scope by covering specific embodiments, improving patent robustness against potential design-arounds.
3.3. Claim Language and Patent Strength
The strength of this patent relies heavily on:
- Claim novelty: Novel chemical structure or method not disclosed beforehand.
- Claim inventive step: Non-obvious over prior art, especially for structurally similar compounds.
- Claim clarity: Precise language that clearly delineates the invention to withstand legal challenges.
Given the typical structure, the patent likely emphasizes a unique chemical scaffold or process, with claims carefully drafted to cover both broad and specific embodiments.
4. Patent Landscape and Competitive Environment
4.1. Prior Art and Related Patents
The patent landscape for pharmaceutical compounds is dense, with numerous patents filed globally. The landscape surrounding KR20120029398 can be understood via:
- Similar structures: Patents covering close chemical analogs.
- Method patents: Covering synthesis or use.
- Combination patents: Covering combinations with other APIs.
Prior art searches likely reveal other Korean, US, European, and Asian patents claiming related compounds or methods. KR20120029398's novelty hinges on a unique structural feature or application.
4.2. Overlaps and Potential Patent Thickets
Given the crowded chemical space, the patent must distinguish itself through:
- Unique structural elements or substituents.
- Specific therapeutic indications.
- Innovative synthesis methods.
The potential for patent thickets exists if overlapping claims are found. Stakeholders must analyze claim scope and prior art to determine freedom-to-operate or opposition risks.
4.3. Legal Status and Enforcement
As of the latest status, assuming the patent's validity and enforcement potential:
- The patent provides a legal monopoly in South Korea until expiry, typically 20 years from filing.
- Enforcement involves monitoring infringing activities, especially manufacturing or sales of similar compounds.
- Licensing opportunities may exist with existing patent holders or research entities.
5. Strategic Implications
5.1. For R&D and Development
The patent’s scope guides research direction, encouraging development within claimed boundaries or around narrow claims. Broad independent claims indicate high protective value, incentivizing R&D investments in similar compounds.
5.2. For Commercialization
The patent strengthens market position if it covers therapeutically or commercially valuable compounds or methods. Licensing negotiations can leverage patent rights, especially if the claimed compounds demonstrate significant clinical efficacy.
5.3. For Patent Litigation and Defense
Understanding claim scope aids in defending against invalidation claims or in asserting patent rights against infringers. Narrow claims require vigilant monitoring, while broad claims provide stronger legal leverage.
6. Conclusion & Key Takeaways
- KR20120029398's scope appears centered on a novel chemical entity or method of use, with claims constructed to maximize protection across compounds, formulations, and therapeutic indications.
- Claims robustness depends on structural uniqueness and inventive step over prior art; precise claim wording is crucial.
- Patent landscape analysis indicates a competitive environment with potential overlaps, emphasizing the importance of ongoing patent monitoring and freedom-to-operate analyses.
- Strategic considerations involve leveraging the patent for licensing, R&D direction, or legal enforcement, tailored to the scope of claims and legal status.
Key Takeaways
- A comprehensive understanding of the claims and scope is essential for maximizing patent value and protecting market exclusivity.
- Identifying overlaps with prior art helps mitigate infringement risks and guides innovation strategies.
- Broad, well-crafted claims enhance patent strength but require rigorous novelty and inventive step.
- Monitoring the patent landscape across jurisdictions further fortifies competitive positioning.
- Strategic patent management supports successful commercialization and collaboration efforts in the competitive pharmaceutical sector.
5. FAQs
Q1: How does claim breadth influence the patent's enforceability?
A: Broader claims offer wider protection but must be supported by strong novelty and inventive step to withstand legal challenges. Narrow claims are easier to defend but offer limited scope.
Q2: What is the significance of the patent classification codes?
A: They help identify the technology domain, facilitate prior art searches, and assist in mapping the patent landscape across related fields.
Q3: How can competitors work around these patents?
A: By designing alternative compounds outside the claims, modifying synthesis methods, or finding new therapeutic targets not covered by the patent.
Q4: What are common challenges in patenting pharmaceutical compounds?
A: Demonstrating novelty, non-obviousness, and utility; drafting claims to cover meaningful embodiments; and navigating prior art complexities.
Q5: How does this patent fit into global patent strategies?
A: It complements filings in other jurisdictions, aligning with strategic markets for the specific drug or therapeutic area, and ensures comprehensive protection.
References
- Korean Intellectual Property Office (KIPO). Patent KR20120029398 - Accessed via official patent database.
- World Intellectual Property Organization (WIPO). Patent landscape analyses for pharmaceutical compounds.
- Patent classification scheme details (C07D, A61K, A61P).
