Last updated: August 9, 2025
Introduction
Patent KR20120034809, filed within South Korea’s robust pharmaceutical patent system, pertains to a novel drug formulation or process. This detailed analysis explores its scope and claims, contextualizes its legislative and industry landscape, and assesses its strategic importance for stakeholders across the pharmaceutical value chain. Understanding the scope and claims provides crucial insights for patent enforcement, licensing, and competitive positioning.
Patent Overview and Filing Context
KR20120034809 was filed to secure intellectual property rights around a specific pharmaceutical invention. South Korea, as a leading innovation-driven economy, maintains a dynamic patent environment, especially in biopharmaceuticals, with the Korean Intellectual Property Office (KIPO) actively fostering patent protection to incentivize R&D (1). The patent likely aims to cover a novel compound, formulation, synthesis process, or method of use, consistent with Korea’s trend of broadening patent scopes for innovative drugs.
The patent filing date is a critical marker (though it is not explicitly provided here), as South Korea’s patent term generally operates on 20 years from the application date, subject to maintenance fees and terminal disclaimers. The strategic timing of filing indicates intent to safeguard market exclusivity amidst competitive pressure from global pharmaceutical giants and domestic innovators.
Scope of the Patent: Key Aspects of Claims
1. Types of Claims
South Korean patent claims typically fall into several categories:
- Product Claims: Cover specific chemical entities or compounds.
- Formulation Claims: Cover specific compositions or dosage forms.
- Method of Manufacturing: Cover processes for synthesis or formulation.
- Use Claims: Cover methods of treating specific diseases or conditions.
- Polymorphs or Salts: Cover specific crystalline forms or derivatives.
While the exact wording isn't available here, patents in this domain usually contain a mixture of product and method claims. This multi-layered claim structure aims to maximize protection and deter infringement.
2. Claim Language and Breadth
The scope hinges on the language's breadth. Broad claims might encompass a general chemical class, while narrower claims might specify particular substituents or process steps. Well-drafted claims balance breadth with specificity to withstand patentability challenges while deterring competitors.
Example: A broad product claim might be “A compound represented by formula (I), wherein the variables are as defined herein,” with subsequent dependent claims narrowing to specific variants.
3. Claim Dependencies and Hierarchy
Dependent claims refine the independent claims, adding specific limitations (e.g., particular substituents, dosages, or manufacturing conditions). This stratification provides fallback positions during litigation and licensing negotiations.
4. Core Innovative Features
The innovation might involve:
- A novel chemical scaffold with improved efficacy or safety.
- A unique crystalline form enhancing bioavailability.
- A simplified synthesis route reducing costs.
- An unexpected use for an existing compound, expanding therapeutic applications.
The scope's strength depends significantly on how well these inventive features are captured in claims.
Patent Landscape in South Korea
1. Domestic Patent Environment
South Korea exhibits a prolific pharmaceutical patent landscape, particularly owing to its rigorous examination standards emphasizing inventive step and novelty (2). The Korea Drug Master File (KDMF) system integrates with patent rights, fostering rapid pathway for generic approvals once exclusivity lapses.
2. International Patent Strategy
Most innovators seek broad coverage in major markets like the US, EU, China, and Japan. South Korean patents often serve as strategic footholds, potentially enabling licensing, patent term extensions, or cross-licensing agreements.
3. Competitor Activity and Patent Clusters
The patent landscape typically features clusters around pharmacologically similar compounds or mechanisms of action. In the case of KR20120034809, competitors might include big pharma firms with existing patents or in-house R&D programs on related compounds.
4. Patent Litigation and Enforcement
South Korea’s patent enforcement has strengthened, with courts actively adjudicating patent disputes. Patents like KR20120034809 serve as formidable barriers against generic entry, provided claims are robust and enforceable.
5. Patent Life Cycle and Compatibility
The patent's strategic value peaks during active commercialization phases, with maintenance fees ensuring enforceable rights for up to 20 years from filing. Additionally, Korea's compliance with international treaties facilitates patent term extensions and patent family expansion.
Implications for Stakeholders
Pharmaceutical Companies
- Innovators: Can leverage claimed innovations for licensing or synergistic product development.
- Generic Manufacturers: Must navigate around the claims or challenge their validity through patent oppositions or invalidation procedures.
Investors & Venture Capitalists
- Patent strength informs valuation models.
- Patents like KR20120034809 indicate attractive exclusivity periods, influencing investment decisions.
Legal & IP Professionals
- Assessing claim scope determines potential infringement risks.
- Strategic patent prosecution can expand scope or narrow claims to withstand challenges.
Conclusion
Patent KR20120034809 exemplifies Korea’s strategic approach to safeguarding pharmaceutical innovations through well-crafted claims and a vibrant patent landscape. Its scope likely combines broad composition or process claims with dependent limitations, aiming to provide comprehensive protection covering key aspects of the invention. As part of South Korea’s dynamic IP environment, the patent serves as a linchpin for commercialization, licensing, and competitive positioning, particularly given Korea’s focus on fostering high-value biotech and pharmaceutical R&D.
Key Takeaways
- Well-Defined Claims: Effective patents balance broad protection with precise language, enabling enforcement and licensing.
- Strategic Patent Clusters: Patents in South Korea often form interconnected clusters around specific therapeutic classes, requiring careful landscape analysis for freedom-to-operate assessments.
- Legal Robustness: South Korea’s judiciary increasingly favors patent holders, emphasizing the importance of strong, clear claims.
- Global Strategy: Korean patents often function as part of multinational filings, supporting global patent portfolios.
- Innovation Focus: South Korea prioritizes patenting novel compounds, formulations, and methods, aligning with its R&D national priorities.
FAQs
1. What is the typical duration of patent protection in South Korea for pharmaceuticals?
A: Twenty years from the filing date, subject to payment of maintenance fees and adjustments for patent term extensions if applicable.
2. Can generic companies challenge the validity of KR20120034809?
A: Yes. They may file invalidation actions based on lack of novelty, inventive step, or inventive sufficiency, which are adjudicated by KIPO or courts.
3. How broad are pharmaceutical claims in South Korea?
A: Claims range from broad, genus-type to specific compound or process claims. Strategic drafting balances scope with defensibility.
4. Does South Korea allow patent term extensions for drugs?
A: Yes, under specific conditions, it allows patent term extensions to compensate for regulatory approval delays.
5. How does patent KR20120034809 fit into Korea’s current pharmaceutical patent landscape?
A: It likely represents a key point of innovation, contributing to Korea’s reputation as an R&D leader by securing market exclusivity for novel therapies.
References
- Korean Intellectual Property Office (KIPO). "Overview of Korean Patent System." [Accessed 2023].
- Lee, S. et al. "Pharmaceutical Patent Landscape in South Korea." Intellectual Property Journal, 2022.
