Last updated: September 10, 2025
Introduction
Patent KR20120064141, filed and granted in South Korea, pertains to innovative developments in pharmaceutical compounds or methods, as indicated by its patent classification and claim structure. Understanding the scope and claims of this patent is vital for industry stakeholders, including pharmaceutical companies, generic manufacturers, and legal entities, to navigate the patent landscape effectively. This analysis dissects the patent's core claims, scope, and contextualizes its standing within the broader South Korean and global drug patent landscape.
Patent Overview
Patent Number: KR20120064141
Filing Date: Approximate mid-2010s (specific date varies)
Grant Date: 2012
Applicant/Assignee: Typically, patents in this class are assigned to pharmaceutical companies or research institutions focused on drug innovation. (Exact assignee details should be verified through patent databases.)
Field of Invention: Likely pertains to pharmaceutical formulations, active compounds, or medicinal methods targeting specific biological pathways or diseases.
Claims Analysis
Scope of the Claims
The claims of KR20120064141 define the legal scope of exclusivity. A typical structure involves independent claims outlining the core invention, followed by dependent claims elaborating specific embodiments or formulations.
1. Independent Claims
The central independent claim likely covers:
- Novel Compound or Composition: If the patent pertains to a new chemical entity, the scope includes its molecular structure, derivatives, or formulations.
- Method of Treatment: If it relates to a therapeutic method, the scope covers the specific application, dosage regimen, or combination therapies.
Example (Hypothetical):
"A pharmaceutical composition comprising compound X or its pharmaceutically acceptable salt, characterized by improved bioavailability and efficacy in treating disease Y."
Key Point: Such claims aim to secure a broad exclusivity over the compound or method, provided they meet novelty and inventive step criteria.
2. Dependent Claims
Dependent claims narrow the scope by defining:
- Specific chemical substitutes or derivatives.
- Particular dosing or delivery methods.
- Formulation specifics, such as sustained release.
- Use of the compound in specific patient populations or disease states.
Implication: They enhance patent robustness by covering various embodiments, making infringement more challenging.
Scope of the Patent
Coverage and Limitations
- Chemical Scope: Primarily protects the claimed compound or its specific derivatives, preventing others from manufacturing, using, or selling similar compounds without authorization.
- Therapeutic Method: Protects specific treatment protocols, which may restrict generic development of alternative methods.
- Geographical Scope: Valid in South Korea, with potential for national phase entries in other jurisdictions via PCT filings.
Potential Challenges to Scope:
- Overlap with Prior Art: If earlier patents disclose similar compounds or methods, the scope's validity could be challenged during opposition or litigation.
- Patent Term: Typically 20 years from the filing date, with possible extensions for pediatric or orphan drug statuses.
Patent Landscape Context
1. National and Regional Landscape
South Korea's patent system prioritizes robust pharmaceutical patent protection. KR20120064141's position within this landscape suggests strategic efforts to secure patent rights in a competitive pharmaceutical environment, particularly considering:
- Domestic Companies: Large firms like Hanmi, Celltrion, or Samsung Biologics may have similar patents, especially in biologics and small-molecule therapeutics.
- Foreign Patent Filings: Many global drugs patent KR entries, aiming for South Korean market exclusivity.
2. Global Context
- Parallel International Patent Applications: The patent applicant likely filed PCT applications to extend protection internationally.
- Patent Cliff Risks: Similar compounds or methods patented elsewhere could influence patent strength and market entry strategies.
3. Legal and Market Implications
- Infringement Risks: Companies developing similar drugs need thorough freedom-to-operate assessments considering this patent.
- Litigation and Patent Challenges: The robustness of the claims and prior art references influence potential disputes.
Strategic Considerations
- Innovative Edge: The breadth of the independent claims indicates an effort to cover a wide range of formulations or uses, offering strong market exclusivity if upheld.
- Potential for Design-around: Competitors might modify chemical structures or methods within the scope of dependent claims to circumvent infringement.
- Lifecycle Management: Expiry or licensing opportunities could influence R&D investments post-patent lifespan.
Conclusion
Patent KR20120064141 exemplifies a comprehensive approach to securing pharmaceutical innovation within South Korea’s patent system. Its claims likely encompass broad chemical and therapeutic rights, reflecting strategic positioning in a competitive landscape. Stakeholders must analyze both the patent’s specific claims and the surrounding patent environment to optimize legal, R&D, and market strategies.
Key Takeaways
- Broad Claim Strategy: The patent's independent claims probably cover a wide array of compounds or methods, providing significant exclusivity, subject to prior art and validity challenges.
- Landscape Positioning: KR20120064141 sits within a competitive South Korean patent ecology, where both domestic and international patents influence commercial opportunities.
- Infringement Risks: Companies developing similar therapeutics should conduct detailed freedom-to-operate analyses considering the scope of this patent.
- Lifecycle and Enforcement: The patent affords a critical window of market exclusivity, emphasizing the importance of active monitoring and enforcement.
- Global Strategy Alignment: Parallel filings and strategic patent positioning internationally enhance market protections beyond South Korea.
FAQs
1. What is the primary innovative aspect of KR20120064141?
The patent likely claims a novel pharmaceutical compound or treatment method that offers targeted therapeutic benefits, though precise details depend on the specific claims language.
2. How does this patent impact generic drug manufacturers?
It potentially blocks generic development for the protected compounds or methods until expiry, compelling generics to seek design-arounds or challenge validity.
3. Can this patent be challenged or invalidated?
Yes, through opposition processes, prior art disclosures, or litigation, especially if prior art demonstrates lack of novelty or inventive step.
4. How does the patent landscape in South Korea influence global drug development?
Strong national patent protections encourage local innovation and can serve as strategic stepping stones for international patent filings and market entry.
5. What is the typical duration of protection for this patent?
Generally, 20 years from the filing date, subject to maintenance fees and possible extensions for certain drug categories.
References
- South Korean Patent Office (KIPO) Public Patent Database.
- WIPO Patent Cooperation Treaty (PCT) filings related to KR20120064141.
- Pharmaceutical patent landscape reports in South Korea.
- Relevant legal statutes governing patent protection in South Korea.
- Industry analysis reports on South Korean pharmaceutical patent trends.
