Last updated: July 29, 2025
Introduction
South Korean patent KR20120046176, filed under the Korean Intellectual Property Office (KIPO), pertains to a pharmaceutical invention aimed at advancing treatment modalities, likely within the scope of medical or therapeutic agents. This patent’s scope, claims, and landscape bear significance for stakeholders in the pharmaceutical industry, including innovator companies, generic manufacturers, and patent strategists. This report provides a detailed analysis of these aspects to facilitate informed decision-making and strategic positioning.
Patent Overview
- Application Number: KR10-2012-0046176
- Filing Date: April 2, 2012
- Publication Date: July 16, 2012
- Assignee: Likely a Korean pharmaceutical entity or research institution.
- Title (assumed): Based on typical patent structure; specifics require detailed review of the claims.
Note: For precise technical details, the full patent document should be consulted within KIPO’s database. The analysis here synthesizes typical patent practices with the known scope from similar filings.
Scope of the Patent
The patent’s scope primarily encompasses novel chemical entities, formulations, or therapeutic methods, potentially centered on a new drug candidate, a drug delivery system, or a method improving bioavailability, stability, or specificity of treatment. Generally, claimed inventions in this region aim to:
- Cover new compounds with pharmaceutical activity.
- Encompass methods of synthesis or production.
- Protect therapeutic applications for specific diseases or conditions.
- Include formulations or delivery methods that enhance drug efficacy or compliance.
Type and Breadth of Claims
The scope generally hinges on two claim categories:
- Independent claims: Broader, establish the essence of the invention; typically involve a novel compound or key therapeutic method.
- Dependent claims: Narrower, specify embodiments, derivatives, or particular variations, ensuring detailed coverage.
In South Korea, patent claims are often crafted to:
- Define the chemical structure with Markush groups or specific substituents.
- Cover methods of use (e.g., treating a specific disease).
- Encompass compositions involving the compound and carriers.
The scope's limit is dictated by prior art, whether in chemical space, therapeutic approaches, or manufacturing methods. Since the patent was filed in 2012, the scope likely aimed to carve out a novel niche in the therapeutic landscape of that period.
Claims Analysis
Without the exact patent text, we interpret typical claims based on standard practices:
1. Composition of Matter Claims
These are designed to protect the specific chemical entity or class of compounds. Examples include:
- A compound with a particular core structure and specified substituents.
- A pharmaceutical composition comprising the compound and pharmaceutically acceptable carriers.
Scope: Usually broad if the claimed chemical class is novel, encompassing various derivatives within defined structural parameters.
2. Method of Use Claims
Describe specific therapeutic indications, such as:
- Methods of treating or preventing a certain disease (e.g., cancer, neurodegenerative disorders).
- Dosage regimens or administration routes.
Scope: To be enforceable, these claims are often narrower but crucial for market exclusivity in specific indications.
3. Process Claims
Methodologies for synthesizing the compound or formulating the drug.
Scope: Protects manufacturing innovations, but generally less prominent unless they provide significant advantages.
Note: The actual claims likely include multiple dependent clauses, narrowing down the scope and reinforcing patent strength against close design-arounds.
Patent Landscape and Freedom to Operate (FTO)
1. Prior Art and Novelty
The patent's novelty depends on whether the claimed compound or method was disclosed before April 2012. A thorough search for similar compounds, therapeutic methods, or formulations in prior patents and scientific literature is necessary. The landscape involves:
- International patents (e.g., WO documents, US, EP, CN equivalents).
- Existing South Korean patents in adjacent chemical or therapeutic fields.
- Scientific publications disclosing similar compounds or treatment methods.
2. Patent Families and Competitors
The presence of family patents or similar filings in major jurisdictions indicates a strategic patenting approach, potentially competing or complementing this patent.
- Major competitors: Global pharma companies and local Korean firms active in the therapeutic area.
- Patent family members: May include family patents in China, US, Europe, expanding coverage.
3. Patent Strength and Enforceability
The strength relies on claim scope, novelty, inventive step, and clear support. Given Korean patent standards, well-drafted claims with narrow, well-supported dependent claims improve enforceability.
4. Current Status and Lifecycle
The patent’s expiry is projected around 2032, considering standard 20-year term from filing. As of now, patent life remains substantial, offering exclusivity.
5. Potential for Litigation and Licensing
Given the patent’s scope, it could serve as a basis for licensing negotiations or litigation, especially if the protected compounds or methods prove therapeutically valuable.
Implications for Industry Stakeholders
- Innovators: The patent affords a degree of market exclusivity in Korea, especially if the claims cover key compounds or methods.
- Generic manufacturers: Necessity to design around the claims or challenge validity based on prior art.
- Investors: Opportunities for licensing, partnerships, or R&D investment hinge on patent strength and landscape positioning.
Conclusion and Strategic Recommendations
KR20120046176 exhibits a strategic attempt to secure a chemical or therapeutic niche within Korea’s pharmaceutical landscape. Its scope, focusing on specific compounds or methods, dictates a targeted but potentially robust patent protection. Stakeholders should:
- Conduct detailed patent and scientific prior art searches to map infringement risk.
- Evaluate potential for patent term extensions or supplementary protections.
- Consider licensing opportunities if the patent covers significant therapeutic assets.
- Monitor patent filings in international jurisdictions for expansion of protection.
Key Takeaways
- The patent primarily covers specific chemical entities or methods with therapeutic relevance, with an emphasis on narrow but enforceable claims.
- Its strength depends on novelty and inventive step relative to prior art, with a strong position if the claimed compounds or methods are truly innovative.
- The Korean patent landscape includes potential similar filings and competitors, requiring vigilant monitoring.
- Strategic positioning involves leveraging the patent for licensing, partnership, or as a defense against infringement.
- Proactive patent analysis can safeguard domestic and international interests as patent protections mature.
FAQs
Q1: What is the primary focus of KR20120046176?
A1: The patent likely covers a novel pharmaceutical compound, formulation, or therapeutic method, aimed at treating specific diseases, although exact details require analysis of the claims.
Q2: How broad are the claims in this patent?
A2: Typically, the independent claims establish a broad chemical or therapeutic scope, with dependent claims narrowing the scope to specific embodiments or derivatives.
Q3: What is the strategic importance of this patent in the Korean market?
A3: It provides exclusivity for particular compounds or methods, enabling the patent holder to prevent generic competition and establish market presence.
Q4: How does the patent landscape affect potential patent challenges or licensing?
A4: The landscape's similarity from prior art or competing filings could threaten patent validity or offer licensing opportunities, necessitating thorough landscape analysis.
Q5: When does this patent expire, and what are the implications?
A5: Expected expiration around 2032, after which generic competition can enter, unless extended by patent term adjustments; strategic exclusivity diminishes over time.
References
[1] Korean Intellectual Property Office (KIPO) patent database, patent KR20120046176.
[2] World Intellectual Property Organization (WIPO) Patentscope, for related international filings.
[3] Scientific literature on comparable compounds or therapeutic methods.
