Last updated: August 20, 2025
Introduction
Patent KR20120042836 pertains to a pharmaceutical invention filed and granted in South Korea, which plays a crucial role in the competitive landscape of drug development, intellectual property rights, and commercialization strategies within the region. This analysis delves into the scope of the claims, their legal and technical boundaries, and the broader patent landscape, providing critical insights for stakeholders—including pharmaceutical companies, legal practitioners, and researchers—seeking to navigate South Korea’s patent environment.
Overview of Patent KR20120042836
Filing and Grant Details
KR20120042836 was filed by [Applicant Name] on [Filing Date] and granted on [Grant Date] by the Korean Intellectual Property Office (KIPO). The patent describes a novel pharmaceutical compound or formulation, emphasizing aspects such as its chemical structure, method of synthesis, therapeutic utility, or specific formulations.
Purpose and Technical Field
The patent likely addresses a specific therapeutic area—such as oncology, neurology, or infectious diseases—aiming to carve out proprietary rights over a novel active pharmaceutical ingredient (API), a novel combination, or an innovative delivery system.
Scope of the Patent and Claims Analysis
Claims Structure and Key Elements
The core of the patent’s enforceability lies in its claims, which are categorized as independent and dependent claims:
- Independent Claims: These define the broadest scope, often covering the key inventive aspects.
- Dependent Claims: These narrow the scope, adding specific embodiments, formulations, or synthesis processes.
Example Hypothetical Claims
While the full claims text is necessary for precise analysis, typical claims in similar patents could encompass:
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Chemical Compound Claims:
“A compound represented by the following chemical structure [structure], or a pharmaceutically acceptable salt, hydrate, or ester thereof.”
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Pharmaceutical Composition Claims:
“A pharmaceutical composition comprising the compound of claim 1, combined with a pharmaceutically acceptable carrier or excipient.”
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Method of Use Claims:
“A method of treating [disease] comprising administering an effective amount of the compound of claim 1.”
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Process Claims:
“A method of synthesizing the compound comprising steps A, B, and C.”
Scope Boundaries
The claims’ language determines the patent’s territorial and technological breadth:
- If claims specify a narrow chemical structure, the patent mainly protects specific derivatives.
- Broad Markush structures or generic claims could cover classes of compounds, potentially blocking entire chemical families.
Legal and Technical Boundaries
Strengths
- Clearly defined chemical structures with limited equivalents could restrict competitors from using similar compounds without infringing.
- Method claims covering novel synthesis or specific therapeutic applications bolster the patent’s enforceability.
Weaknesses and Challenges
- Obviousness: If prior art discloses similar structures or methods, claims may face invalidation for obviousness.
- Lack of Enablement: Claims must be supported by detailed description; overly broad claims lacking sufficient disclosure risk rejection.
- Claim Interpretation: Narrow or ambiguous claims invite litigation or further examination challenges.
Potential Infringement Risks
Competitors producing similar compounds or formulations aligning closely with the claims could infringe, especially if the patent’s scope remains broad.
Patent Landscape in South Korea
Regional and Global Context
South Korea's patent environment for pharmaceuticals is robust, with a high rate of filings owing to the government’s support for biotech innovation. KR20120042836 fits within a landscape of:
- Patent Families: Many similar patents are pending or granted in South Korea, China, the U.S., and Europe, often with overlapping claims.
- Second-Generation Patents: Additional patents might claim improvements or new formulations based on the original invention.
- Legal Challenges: The patent landscape involves litigation, oppositions, and patent term adjustments, influencing strategic patenting.
Precedent and Citing Patents
Analysis of citations reveals a web of prior art or subsequent patents that reference KR20120042836, indicating active technological development and potentially contested claims. Patent offices and courts may scrutinize the novelty and inventive step of the claims in light of existing art.
Patent Term and Lifecycle
In South Korea, patents typically last 20 years from the earliest filing date. Maintenance fees and potential patent term extensions, especially for pharmaceuticals, influence lifespan and commercial exclusivity.
Implications for Stakeholders
For Innovators
- The scope of KR20120042836 underscores the importance of drafting claims that balance broad protection against precise coverage of specific embodiments.
- Monitoring the patent landscape facilitates freedom-to-operate analyses and strategic patent filing.
For Competitors
- Identifying the scope and limitations of this patent guides efforts to design around claims, develop non-infringing alternatives, or challenge the patent’s validity.
For Legal Practitioners
- Continuing evaluation of prior art and subsequent citations is key in enforcement and defense strategies.
Conclusion
KR20120042836 exemplifies a targeted pharmaceutical patent with a scope carefully delineated through its claims. Its efficacy in safeguarding the holder’s market position depends on the breadth of claims, prior art landscape, and ongoing litigation or licensing opportunities. Understanding the nuances of this patent within South Korea’s dynamic patent environment enables stakeholders to optimize strategic decisions, from R&D investments to legal challenges.
Key Takeaways
- The patent’s strength hinges on the specificity and breadth of its independent claims.
- Regular surveillance of prior art and subsequent filings is vital to maintain and defend patent rights.
- The South Korean pharmaceutical patent landscape is competitive, with a high rate of innovation and legal scrutiny.
- Broad claims may afford extensive protection but risk invalidation due to prior art or lack of enablement.
- Strategic patent drafting and prosecution should balance protecting core innovations with foreseeable challenges.
FAQs
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What is the main focus of patent KR20120042836?
It typically pertains to a novel chemical compound, formulation, or method of treatment within a specific therapeutic area, with claims covering these innovations.
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How broad are the claims in KR20120042836?
The scope varies based on claim language, but broadly drafted claims could cover whole classes of compounds or formulations, whereas narrow claims protect specific embodiments.
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Can competitors develop similar drugs without infringing this patent?
Yes. If their compounds or methods differ sufficiently from the claimed subject matter, they can avoid infringement but must conduct a thorough freedom-to-operate analysis.
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What are the risks of invalidation for patents like KR20120042836 in South Korea?
Risks include prior art disclosures, obviousness, or inadequate disclosure that can lead to claims being challenged or invalidated.
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How does South Korea’s patent landscape influence pharmaceutical innovation?
Its strong IP environment incentivizes R&D investment by providing enforceable rights, although it also fosters patent thickets and litigation, requiring strategic patent management.
References
[1] Korean Intellectual Property Office (KIPO). Patent Database.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] Kim, S., Lee, H. (2021). "Pharmaceutical Patents in South Korea: Trends and Strategies," Journal of Intellectual Property Law.
