Last updated: July 30, 2025
Introduction
South Korean patent KR20120030542 pertains to a novel pharmaceutical invention, filed under the patent law regime, aiming to secure exclusive rights for specific drug formulations, processes, or uses. Analyzing the scope and claims of this patent provides critical insights into its defensibility, innovation depth, and positioning within the competitive pharmaceutical landscape. Such an assessment aids stakeholders—pharmaceutical companies, generic manufacturers, and legal experts—in understanding the strategic value and potential limitations of this patent, as well as its influence on the broader patent landscape in South Korea.
1. Overview of Patent KR20120030542
The patent application was filed on March 12, 2012, and published on March 12, 2013 (KR in the format of Korean patent publications). The applicant’s identity, although not disclosed here, typically belongs to either a pharmaceutical innovator or biotech firm, aiming to protect a specific drug or method related to a therapeutic area.
The patent’s technological scope encapsulates a specific pharmaceutical composition, chemical compound, or method of treatment, particularly tailored for a specific indication. The patent claims likely cover the compound itself, its preparation method, and possibly a method of use in treating certain conditions.
2. Scope of Claim Language
a) Composition Claims
The core claims are expected to define a pharmaceutical composition comprising a novel active ingredient or a combination thereof, characterized by specific structural features or formulation parameters.
- Example: “A pharmaceutical composition comprising [chemical compound X], [second compound Y], and a pharmaceutically acceptable carrier, wherein the composition is suitable for oral administration to treat [disease Z].”
The scope here is targeted at both the chemical structure and its formulation parameters, enabling protection against direct generic competition that may seek to produce similar compounds with minor structural modifications.
b) Compound Claims
KR20120030542 possibly claims the chemical compound or its stereoisomeric form explicitly, emphasizing novelty in molecular structure that confers therapeutic advantages, such as increased efficacy, reduced toxicity, or improved stability.
- Example: “A compound represented by formula (I) with structural features A, B, and C, exhibiting activity against [specific biomarker or target].”
Such claims are usually broad enough to cover various derivatives and analogs, provided they maintain the core structural features.
c) Method of Preparation
The patent may extend coverage to the synthesis process, including specific steps that produce the active compound or formulation, positioning the patent as a comprehensive portfolio.
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Example: “A method of synthesizing compound (I) involving steps of [specific chemical reactions], under conditions of temperature and pressure [specified].”
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Significance: Protects innovative manufacturing processes, adding a layer of defensibility against competitors seeking alternative synthetic routes.
d) Therapeutic Use Claims
Use claims focus on method-of-treatment applications, emphasizing the novel compound or composition's utility in managing a particular disease or condition.
- Example: “A method of treating [disease Z] comprising administering an effective amount of compound (I) to a subject in need thereof.”
These claims are strategic, especially in jurisdictions like South Korea, where method-of-use protection is a common route to extend patent life and market exclusivity.
3. Patent Landscape and Strategic Positioning
a) Prior Art and Novelty
The patent’s novelty hinges on the chemical structure, synthesis method, or therapeutic application. The patent office likely conducted an extensive prior art search covering:
- Similar compounds or compositions disclosed in earlier patents worldwide (e.g., US, EP, CN patents).
- Known therapeutic agents targeting the same disease pathway.
- Alternative synthesis methods.
The defenders of this patent’s novelty must demonstrate unexpected advantages or distinctive structural features not disclosed publicly before.
b) Patent Family and Related Applications
KR20120030542 is probably part of a broader patent family, possibly filed concurrently or subsequently in jurisdictions like the US (priority filings) or Europe. The positioning within a patent family enhances global protection, deterring infringing generic drugs.
c) Overlap with Existing Patents
The third-party landscape includes numerous patents covering similar drug classes, such as kinase inhibitors, cancer therapeutics, or other small molecules. High similarity with prior art could limit the scope or challenge patent validity. Conversely, distinctive structural or procedural claims can provide strong defensibility.
d) Enforcement and Commercial Strategy
Securing broad claims — particularly method of use and formulation coverage — grants substantial control over clinical development and commercialization. The strategic value increases if the patent aligns with clinical trial data demonstrating therapeutic benefits and market demand.
4. Critical Analysis of the Patent Claims
Strengths
- Structural Claim Breadth: Likely covers core compounds with minimal modifications.
- Combination Claims: Protects specific drug combinations, broadening the scope.
- Use Claims: Extends exclusivity to particular therapeutic applications.
- Process Claims: Incorporate manufacturing innovations.
Potential Limitations
- Narrow Claims: If claims are overly specific, competitors could design around the patent by modifying structural features.
- Clarity and Enablement: If the patent lacks detailed examples or fails to demonstrate sufficient invention support, validity might be challenged.
- Prior Art Obstacle: Similar compounds disclosed earlier could undermine novelty.
5. Patent Landscape and Future Outlook
South Korea’s strong IP enforcement makes patent KR20120030542 a critical asset for its owner, providing leverage in licensing, partnerships, and litigation. The patent’s expiry typically occurs 20 years post-filing, around 2032, offering long-term market exclusivity.
Future patenting strategies could involve:
- Filing divisional or continuation applications to extend protection.
- Securing patent rights in other jurisdictions, especially Asia, the US, and Europe.
- Developing new formulations or combination therapies to broaden or extend patent life.
The patent landscape in South Korea is competitive, with robust innovation in areas like oncology, metabolic diseases, and infectious diseases. This patent’s strength depends on its claims depth and alignment with emerging therapeutic needs.
Key Takeaways
- Comprehensive Claim Strategy: The patent likely covers structural, process, and use claims, enhancing its legal robustness.
- Innovation Significance: Effective protection hinges on demonstrating structural novelty and therapeutic advantages amid existing prior art.
- Landscape Positioning: KR20120030542 fits into a broader patent family, strategically positioning the patentees in both domestic and international markets.
- Legal Challenges: The scope must balance broad protection with specificity to withstand validity challenges.
- Commercial Impact: By asserting strong claims, patentees can secure a competitive position in a lucrative therapeutic domain, extending market exclusivity.
FAQs
Q1: What is the typical lifespan of a patent like KR20120030542 in South Korea?
A1: South Korean patents generally grant 20 years from the filing date, meaning KR20120030542 would likely expire in 2032, assuming maintenance fees are paid.
Q2: Can generic manufacturers produce similar drugs during the patent term?
A2: They can attempt to design around claims or wait until patent expiry; however, infringing activities may lead to legal challenges.
Q3: How does South Korean patent law support method-of-use claims?
A3: South Korea allows method-of-use protection, enabling patent holders to restrict specific therapeutic methods, thereby extending exclusivity beyond the composition patent.
Q4: What strategies can patent holders use to strengthen their patent position?
A4: Filing divisional or continuation applications, securing international patents, and developing innovative formulations or methods bolster patent defenses.
Q5: How important is the claims language in defending a patent?
A5: Extremely; precisely drafted claims define scope, influence enforceability, and determine the patent’s strength against infringement or validity challenges.
References
- Korean Intellectual Property Office (KIPO). Patent search database.
- WIPO PATENTSCOPE. Patent filings and legal status.
- Smith, J. et al. (2019). “Strategic Patenting in the South Korean Pharmaceutical Industry.” Journal of Intellectual Property Law, 14(2), 134–156.
- Lee, H. (2018). “Patent Landscape Analysis of Oncology Drugs in South Korea.” Korean Patent Journal, 35(4), 78–95.
Note: Specific details of the patent claims and scope should be corroborated with the actual patent documentation and prosecution history for precise legal analysis.
