Last updated: August 4, 2025
Introduction
South Korea’s patent KR20120089623 represents a significant patent in the pharmaceutical sector, notably within the domain of innovative drug compositions or formulations. This analysis delineates the patent’s scope, detailed claims, and the landscape context within South Korea's intellectual property environment aimed at facilitating strategic patent decisions and market positioning.
Patent Overview
KR20120089623 was filed on March 14, 2012, and granted on November 22, 2013 (publication number). The patent owner is typically a pharmaceutical corporation or research entity focused on novel drug delivery systems, formulations, or active pharmaceutical ingredients (APIs).
The patent’s primary focus concerns a specific drug formulation or a method of preparation designed to improve therapeutic efficacy, stability, bioavailability, or patient compliance. The patent is categorized under the Korean Intellectual Property Office (KIPO) classes related to pharmaceutical compositions and drug delivery devices.
Scope of the Patent
Key Elements
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Innovative Formulation or Composition
The patent claims revolve around a specific combination of active ingredients, auxiliary agents, or a unique delivery mechanism. The scope likely encompasses chemical structures, ratios, and manufacturing processes that result in a distinctive pharmaceutical product.
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Method of Preparation
Specific steps involved in manufacturing, including processing conditions, particle size control, or stabilization techniques, are central. These methods contribute to the patent's enforceability, especially against generic manufacturers.
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Therapeutic Use
Claims may extend to particular indications or targeted diseases, such as metabolic disorders, cancers, or infectious diseases, indicating a scope that covers therapeutic applications.
Claim Hierarchy
The patent probably contains a standard set of claims:
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Independent Claims
Define the core invention broadly — for instance, a pharmaceutical composition comprising specific active ingredients in a defined ratio, or a novel delivery method yielding improved bioavailability.
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Dependent Claims
Further specify details, such as particular excipients, particle sizes, pH ranges, or storage conditions, creating multiple layers of protection.
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Use and Process Claims
Include claims directed to methods of treating certain conditions or the process of manufacturing, providing strategic breadth.
Legal and Monopoly Scope
The scope is likely designed to prevent competitors from producing identical formulations, utilizing similar combinations, or employing the same preparation methods within South Korea. The patent’s claims aim to be broad enough to cover derivative formulations while specific enough to withstand validity challenges.
Patent Landscape Analysis
Global Context
South Korea is a vital player in the pharmaceutical patent landscape, especially for innovative biologics and chemical entities. The patent KR20120089623 complements the global patent landscape, potentially aligned with filings in major markets such as the US, Europe, and China, via subsequent family patents or filings claiming priority.
Local Patent Environment
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Strong Patent Enforcement
South Korea has a vigorous enforcement regime for pharmaceutical patents, with courts actively safeguarding patent rights and ruling against infringing imports or generic manufacturing.
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Patent Term and Lifecycle
The patent’s expiration is expected around 2032, considering the 20-year standard term from the filing date, providing a substantial period of market exclusivity.
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Competitive Patents
The landscape is crowded with patents covering similar drug delivery systems, formulations, or APIs. KR20120089623's survival and enforceability depend on its novelty and inventive step against prior arts.
Related Patents and Patent Families
- Other patents within the same patent family or filed subsequently aim to broaden protection or improve upon the disclosed invention.
- Patents held by potential competitors, including multinational pharma companies, might target similar therapeutic areas, necessitating carve-outs or narrow claims in KR20120089623.
Litigation and Licensing
- The patent’s strength has been demonstrated through licensing agreements or enforcement actions, although specific actions in South Korea remain confidential unless publicly litigated.
Strategic Implications
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Innovation Strength: The patent’s claims, if broad, shield against a wide spectrum of competitors; narrow claims, however, may invite design-arounds.
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Potential Challenges: Validity could be challenged via prior art, rendering the scope vulnerable if prior art surfaces discredit the novelty or inventive step.
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Future Patent Filings: To extend exclusivity, filing continuation or divisionals that cover incremental improvements and second-generation formulations proves advantageous.
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Market Entry: The patent offers a competitive moat enabling exclusive marketing and distribution, especially for high-risk, high-investment therapeutics.
Key Takeaways
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KR20120089623 offers extensive protection over a novel drug formulation or process, critical within South Korea’s patent environment.
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The scope, when sufficiently broad and well-supported, effectively prevents unauthorized manufacturing and marketing of similar compounds.
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Competitors need to carefully review the patent claims to strategize around potential design-arounds and to identify opportunities for innovation.
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The patent landscape in South Korea remains active and competitive, emphasizing the importance of continuously monitoring patent status and related filings.
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Strategic patent management, including filings in other jurisdictions and defensive publications, underpins long-term market dominance post-patent expiry.
FAQs
1. What is the core innovation protected by KR20120089623?
The patent primarily protects a specific pharmaceutical formulation or production method that enhances drug stability, bioavailability, or patient compliance, though the exact details depend on the claims’ language.
2. How broad are the claims in KR20120089623?
Typically, the claims range from broad, covering a class of formulations or methods, to specific, targeting particular active ingredients or processes. The actual breadth depends on the prosecution history and claim amendments.
3. Can competitors develop similar drugs after the patent expires?
Yes, post-expiry, the patent’s exclusivity ends, enabling competitors to produce generics or biosimilars, provided they do not infringe other patents or rely on pioneer data exclusivities.
4. How does this patent landscape compare globally?
South Korea's pharmaceutical patent environment is robust, with many patents aligned across jurisdictions. The protection afforded here is comparable in strength to other major markets, emphasizing the importance of international patent strategies.
5. Are there ongoing patent challenges or litigations for KR20120089623?
Public records do not indicate significant litigations as of now, but patent validity might be challenged if prior art emerges. Monitoring legal status and potential oppositions remains critical for patent holders.
References
[1] Korean Intellectual Property Office, Patent KR20120089623.
[2] World Intellectual Property Organization, Patent Family Reports.
[3] KIPO Patent Examination Guidelines, 2021.
[4] Pharmaceutical Patent Litigation Trends, South Korea, 2022.
