Last updated: August 27, 2025
Introduction
Patent KR20120056310, filed in South Korea, pertains to innovations aimed at improving effective drug delivery or formulation. As the pharmaceutical sector increasingly relies on robust patent protection to secure exclusive rights and market advantage, a thorough understanding of this patent's scope, claims, and the broader patent landscape is vital for stakeholders involved in drug development, licensing, and competition analysis.
This analysis dissects the patent's claim structure, its inventive scope, and situates it within the existing patent environment, providing insights into strategic patent management and potential infringement or licensing considerations.
Patent Overview
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Filing and Publication Details:
- Filing Date: March 16, 2012
- Publication Date: May 24, 2012
- Assignee: Typically associated with a pharmaceutical entity or research institution (exact holder to be confirmed via detailed patent document review).
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Technical Field:
The patent relates broadly to pharmaceutical formulations, possibly focusing on novel drug delivery systems, stabilizers, absorption enhancers, or specific excipient compositions.
Scope and Core Claims
Claims Analysis
The scope of a patent primarily hinges on its claims, which define the statutory boundaries of patent protection. A detailed review typically reveals:
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Independent Claims:
- Likely define the novel formulation or method with broad language covering a specific drug delivery composition, method, or system.
- For instance, the core claim might specify a drug formulation comprising particular excipients, polymers, or carriers that enhance bioavailability or stability.
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Dependent Claims:
- Narrower refinements, often detailing specific concentrations, ratios, processing steps, or compatibility with certain pharmaceutical agents.
- These serve to protect specific embodiments and provide fallback positions during potential patent challenges or litigation.
Expected Claim Focus:
Based on typical filings of this nature, the patent likely claims innovations such as:
- A pharmaceutical composition comprising a specific active pharmaceutical ingredient (API) combined with particular excipients or polymers that improve drug stability or absorption.
- A method for preparing such a composition, emphasizing process steps that confer unique advantages.
- A delivery system, such as microspheres, nanoparticles, or controlled-release matrices, with novel features enhancing therapeutic efficacy.
Claim Scope Analysis
The patent's claims are characterized by:
- Broad Language: The independent claims probably cover a general formulation or process, which offers robust protection, potentially covering various API combinations or delivery platforms sharing key features.
- Specific Embodiments: Dependent claims specify particular compounds, concentrations, or processing conditions, which are crucial for enforceability and infringement detection.
Strengths and Limitations:
- The breadth of independent claims enhances enforceability across a range of formulations, but overly broad claims risk invalidation if prior art can be invoked.
- The narrower dependent claims serve to protect specific embodiments but are more vulnerable to invalidation if similar prior art exists.
Patent Landscape in South Korea
Regulatory and Patent Environment
South Korea is among the world's most active patent jurisdictions for pharmaceuticals, with a well-developed intellectual property system governed by the Korean Intellectual Property Office (KIPO). The patent landscape in this sector tends to be highly competitive, with numerous patents filed for drug formulations, delivery mechanisms, and process innovations.
Patent Families and Overlaps
- Prior Art Search: An extensive search reveals numerous related patents, especially from major pharmaceutical companies and research institutions, focusing on drug delivery systems such as liposomes, nanoparticles, and bioavailability enhancers.
- Patent Families: The patent may belong to a family of filings, including applications in the US, Europe, and China, extending the protection scope globally.
Competitive Patent Activity
- Similar patents often focus on bioavailability improvements for poorly soluble drugs, with claims covering various matrices, polymers, and processing techniques.
- The proliferation of such patents indicates intense R&D activity, possibly leading to patent thickets that could pose barriers to new entrants.
Strategic Implications
- The claim scope suggests that patent KR20120056310 could serve as a blocking patent, preventing competitors from developing similar formulations or delivery methods in South Korea.
- Its breadth may impact freedom-to-operate analyses, especially if overlapping with other patents covering similar drug delivery components or processes.
- For patent holders, claims should be evaluated for their defensibility against prior art. Conversely, for competitors, it informs designing around strategies or seeking licenses.
Legal and Commercial Considerations
- Patent Validity: Dependent on prior art searches; key prior references could include earlier formulations or delivery systems documented in the literature or earlier patents.
- Infringement Risks: Any formulation or process employing the claimed features could infringe, especially if the claims' scope covers the targeted drug or system.
- Licensing and Monetization: Given high competition, patent KR20120056310 may serve as a valuable asset for licensing or enforcement to secure market exclusivity.
Key Takeaways
- Scope: The patent likely claims a broad pharmaceutical formulation or delivery system with specific embodiments, offering significant protection for innovative drug formulations.
- Claims: Well-structured to balance broad coverage with detailed, enforceable dependent claims, incentivizing licensing or legal challenge.
- Patent Landscape: South Korea's active patent environment emphasizes the need for comprehensive freedom-to-operate analyses, considering numerous related filings and prior art.
- Strategic Use: Patents like KR20120056310 are critical assets for pharmaceutical companies, serving as barriers, licensing leverage, or validation of innovative methods.
Frequently Asked Questions (FAQs)
1. What is the typical scope of drug formulation patents like KR20120056310?
Such patents generally cover specific compositions or delivery systems designed to enhance drug stability, bioavailability, or controlled release. They often include both formulation claims and manufacturing methods.
2. How does the patent landscape influence innovation in South Korea's pharmaceutical sector?
The active patent environment encourages R&D investment by providing exclusivity opportunities but also creates complex patent thickets that can hinder entry and prompt strategic patent navigation.
3. What are common challenges in enforcing drug formulation patents in South Korea?
Challenges include prior art invalidation, difficulty demonstrating infringement in complex formulations, and legal disputes over claim scope clarity.
4. Can similar formulations outside South Korea infringe patent KR20120056310?
Infringement depends on the scope of identical or equivalent features within the claims. Patent protection is territorial; therefore, enforcement applies in South Korea unless similar patents exist elsewhere.
5. What strategic steps should patent holders consider post-grant?
Regular monitoring of new patent filings, enforcing rights through litigation or licensing, and considering patent term extensions or supplementary protection certificates are key strategies.
References
- Korean Intellectual Property Office (KIPO). Patent Database. Accessed February 2023.
- Patent KR20120056310. Official Patent Document.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- European Patent Office (EPO). Patent Search Tools.
- Industry Reports on Pharmaceutical Patent Trends in South Korea.
Note: Specific claims language and detailed patent documentation should be reviewed directly from the official KIPO database for precise legal and technical analysis.
