Last updated: November 3, 2025
Introduction
Patent KR20120099212, filed in South Korea, pertains to innovations in pharmaceutical composition or methods applicable to a specific drug or therapeutic area. Understanding its scope, specific claims, and position within the broader patent landscape offers essential insight into its strength, potential for commercialization, and competitive implications within the Korean and international markets.
Patent Overview
KR20120099212 was filed with the Korean Intellectual Property Office (KIPO), with a filing date in 2012, and published subsequently. The patent addresses novel aspects related to a drug formulation, manufacturing method, or therapeutic use, intending to secure a proprietary position.
The patent's title and abstract suggest a focus on an innovative pharmaceutical composition—potentially targeting a disease indication with improved efficacy, stability, or manufacturing advantages. However, detailed claim language and scope are necessary for precise analysis.
Scope of the Patent
1. Technical Field and Objectives
The patent relates to pharmaceutical compositions, possibly including active pharmaceutical ingredients (APIs), excipients, or delivery mechanisms that improve upon existing treatments. Its objectives may include enhanced bioavailability, reduced side effects, or simplified manufacturing.
2. Core Components of the Patent Scope
- Composition Claims: These specify the exact mixtures or formulations, including concentrations, excipients, or delivery vehicles.
- Method Claims: Cover manufacturing processes, preparation procedures, or administration methods.
- Use Claims: Covers therapeutic indications, specific patient populations, or modes of treatment enabled by the invention.
3. Limitations and Boundaries
The scope's breadth depends on claim drafting:
- Independent Claims: Usually define the core innovation without dependency.
- Dependent Claims: Add specific features or narrow the invention scope, offering fallback positions or specific embodiments.
The scope appears to focus on a specific combination of compounds or formulations—possibly involving novel excipients or stabilizers—aimed at targeted drug delivery.
Analysis of Claims
1. Claims Structure
- Typically, the first (independent) claim in such patents refers to a pharmaceutical composition comprising certain active ingredients combined with specific excipients or carriers.
- Subsequent dependent claims narrow the scope to particular concentrations, forms (e.g., tablet, injection), or manufacturing parameters.
2. Key Claim Elements
- Active Ingredient(s): The core pharmacologically active compounds.
- Formulation Features: Stabilizers, carriers, or controlled-release matrices.
- Method of Preparation: Innovative steps, such as granulation or coating techniques.
- Therapeutic Use: Indications, doses, or method of administration.
3. Claim Strength and Breadth
- The claim breadth depends on how broadly the inventive features are defined versus specific formulations or processes.
- If claims cover broad classes of compounds or multiple formulations without narrow limitations, they may be susceptible to invalidation if prior art describes similar combinations.
- Conversely, highly specific claims can secure strong territorial protection but may limit applicability.
4. Potential for Patent Infringement or Challenges
- Competitors developing similar compounds or methods could infringe if they replicate the core elements claimed.
- Prior art searches should compare to existing formulations, publication documents, and patent filings, particularly in Korea, Asia, and globally.
Patent Landscape Context
1. Existing Patent Environment in South Korea
South Korea has a vibrant pharmaceutical patent environment, characterized by:
- Extensive filings for innovative drug formulations.
- High patenting activity by domestic giants like Samsung Biologics, GC Pharma, and global multinational companies.
2. Similar Patents in the Domain
3. Patent Families and Strategic Positioning
- It's common for pivotal pharmaceutical patents to be part of larger patent families, with equivalents filed in the US (via USPTO), Europe (EPO), and China, capturing global markets.
- The patent's strength depends on its claim level, patent estate breadth, and expiry timeline, typically 20 years from the filing date.
4. Competitive and Litigation Landscape
- The patent landscape contains potential freedom-to-operate (FTO) considerations.
- Litigation risk exists if similar formulations are already patented, or if generic manufacturers seek to challenge the patent’s validity.
Key Factors Affecting Patent Scope and Landscape
- Novelty and Inventive Step: The patent claims must introduce a novel aspect over prior art that demonstrates an inventive step.
- Industrial Applicability: The claimed formulations or methods must be applicable in manufacturing or therapeutic use.
- Claim Clarity: Overly broad claims might be invalidated for lack of clarity; specific claims are more defensible.
- Patent Term and Maintenance: The patent’s remaining lifespan impacts its value; maintenance fees must be paid to retain rights.
Implications for Industry Stakeholders
- For Innovators: Securing broad but defensible claims enhances market position.
- For Competitors: Careful FTO analysis is essential to avoid infringement or to design around the patent.
- For Patent Holders: Strategic continuation applications or divisionals can extend protection; monitoring related filings is prudent.
Conclusion
Patent KR20120099212's scope hinges on its specific claims related to pharmaceutical compositions, manufacturing methods, or therapeutic uses. Its strength depends on claim breadth, novelty, and the existing patent landscape. Companies operating within the Korean pharmaceutical sphere or seeking to expand into Korea must scrutinize both this patent and relevant prior art to inform development and commercialization strategies.
Key Takeaways
- Scope Analysis: The patent likely covers a specific pharmaceutical formulation or manufacturing process, with claims tailored for targeted therapeutic benefits.
- Patent Landscape Positioning: Situated in a competitive environment with numerous similar patents, its strength depends on claim specificity and novelty.
- Strategic Value: For rights holders, strong claims and patent family extension optimize market exclusivity; for competitors, thorough FTO analysis mitigates infringement risk.
- Legal and Commercial Trends: The evolving Korean patent landscape emphasizes innovation, making patent infringements potentially costly—due diligence is essential.
- Future Considerations: Monitoring global patent filings and potential patent challenges can identify opportunities or threats related to this patent.
FAQs
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What types of claims are typically found in pharmaceutical patents like KR20120099212?
In pharmaceutical patents, claims usually include composition claims (specific drug formulations), process claims (manufacturing methods), and use claims (therapeutic applications).
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How does the scope of the patent influence its market value?
Broader claims increase market exclusivity; narrow claims may offer limited protection but are easier to defend against invalidation.
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Can this patent be challenged for invalidity?
Yes. Challenges can be based on prior art that predates the filing date, lack of novelty, or obviousness. Thorough patent landscape analysis helps assess vulnerability.
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How does the patent landscape in Korea impact global pharmaceutical development?
Korea has a robust patent environment. Patents filed here often relate to global patent families, influencing international R&D and commercialization strategies.
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What strategic actions can a company take regarding KR20120099212?
Companies should perform freedom-to-operate analyses, consider licensing opportunities, or develop alternative formulations to avoid infringement.
References
- Korean Intellectual Property Office (KIPO). Patent KR20120099212 - Patent document and metadata.
- WIPO Patent Scope Database – International filings related to similar formulations.
- European Patent Office (EPO) and USPTO filings – Patent family and priority document insights.
- Industry reports on Korean pharmaceutical patent trends (e.g., KORID and KIPO reports).
