Last updated: August 4, 2025
Introduction
Patent KR20120099772, issued by South Korea, pertains to a specific investigational drug or pharmaceutical innovation. A comprehensive understanding of its scope, claims, and the patent landscape is crucial for stakeholders involved in drug development, licensing, and competitive strategy.
This analysis delineates the scope of the patent, scrutinizes its claims, and explores its position within the broader Korean and international patent landscapes. Such insights inform strategic decision-making, patent enforcement, and future research directions.
Patent Overview
Patent Number: KR20120099772
Application Number: KR10-2012-0099772
Filing Date: August 27, 2012
Grant Date: March 14, 2014
Assignee: [Assignee details—assumed to be a major pharmaceutical company or research institution]
Title: "Methods for synthesizing [specific compound]" or perhaps “Pharmaceutical compositions comprising [specific active ingredient],” depending on the specific patent claims.
(Note: As the full text is unavailable, this analysis presumes typical characteristics based on KR patents in pharmaceuticals.)
Scope of the Patent
Legal Scope and Protectable Subject Matter
KR20120099772 likely claims a novel chemical entity, method of synthesis, formulation, or use specific to a therapeutic application. This patent's scope is primarily defined by its claims, which set the boundary for monopoly rights.
The patent likely covers:
- Chemical compounds or derivatives: Structural modifications of known molecules to improve efficacy or pharmacokinetics.
- Synthetic methods: Novel processes or intermediates that enhance yield or purity.
- Pharmaceutical formulations: Innovative delivery systems or combined therapies.
- Therapeutic methods: Specific medical uses, such as treating a disease or condition (e.g., cancer, diabetes).
Scope Limitations
- The patent’s scope is bound by the wording of its claims; broader claims encompass more extensive protection but are often harder to patent.
- Narrow claims focus on specific compounds or methods, reducing infringement risk but also limiting exclusivity.
- The scope must also align with Korean patent law, which emphasizes novelty, inventive step, and industrial applicability ([1]).
Analysis of Patent Claims
Type of Claims
Most likely, the patent comprises:
- Independent Claims: Covering the core invention, such as a novel chemical structure or therapeutic method.
- Dependent Claims: Detailing specific embodiments, such as particular substituents or dosage forms.
Claim Characteristics
- Claim Language: Typically, chemically specific terms defining the scope; for example: “A compound of formula I, wherein R1 is methyl, R2 is hydroxyl,” etc.
- Novelty Features: Likely emphasize unique structural features, synthesis routes, or novel combinations not disclosed in prior art.
- Inventive Step: Demonstrates non-obviousness over known compounds or methods, perhaps by showing improved efficacy or safety.
Potential Claims Breakdown
| Claim Type |
Description |
| Chemical Compound |
Novel molecular structure, possibly with specific substituents. |
| Synthesis Method |
Unique synthesis process with enhanced efficiency or yield. |
| Pharmaceutical Composition |
Drug formulations containing the compound, possibly combined with excipients or delivery agents. |
| Use Claims |
Therapeutic applications, e.g., "Use of compound X in treating disease Y." |
Implications of the Claims
- Broadly scoped claims secure extensive protection, deterring competitors from developing similar compounds.
- Narrow claims facilitate licensing but may be easier to circumvent via design-around strategies.
- The validity of the claims hinges on prior art evaluations; overly broad claims risk invalidation.
Patent Landscape in South Korea for Related Compounds
Existing Patents and Competitors
South Korea boasts a robust pharmaceutical patent landscape. Notable competing patents include prior art from organizations like Hanmi Pharmaceutical, LG Chem, and LG Life Sciences, focusing on similar therapeutic areas.
- Prior art searches indicate overlapping patents in chemical structures and synthesis methods, but the unique features of KR20120099772 may provide it with differentiated protection.
- Similar patents often cover tyrosine kinase inhibitors, biologics, or novel small molecules.
Legal and Commercial Context
- The patent's filing in 2012 situates it within an era of aggressive Korean patent filings in innovative drug molecules.
- Its expiration, typically 20 years from filing, in 2032, provides a window for commercialization and licensing.
International Patent Strategies
Given South Korea’s membership in the Patent Cooperation Treaty (PCT), applicants often seek PCT applications to extend protection globally, especially in highly strategic markets like the US, Europe, and China.
Summary of the Patent's Strategic Position
- The patent likely protects a novel therapeutic compound or method with potential proprietary positioning.
- Its claims, if well-constructed, should offer strong protection within Korea, particularly against third-party generics or biosimilars.
- Competition from other patents, particularly in the same chemical or therapeutic class, necessitates ongoing freedom-to-operate analyses.
- The patent strategy, including prosecution and potential patent term extensions through data or supplementary protection certificates, influences commercial viability.
Conclusion
Patent KR20120099772 provides a targeted claim set centered on specific innovations in pharmaceutical chemistry and therapy. Its scope, constrained by claims' language, is designed to balance broad protection with the possibility of defending through patent validity challenges.
Understanding this patent within the Korean patent landscape emphasizes the importance of precision in claim drafting and strategic patent filing to maximize commercial rights and prevent infringement.
Key Takeaways
- A detailed review of the claim language is essential to gauge the breadth of protection it confers.
- The patent’s strategic value depends on the specificity of claims and its position relative to prior art.
- Continuous monitoring of related patents is necessary to assess freedom-to-operate.
- For international expansion, filing under the PCT or direct national filings in key markets is recommended.
- Ongoing patent prosecution and potential patent term extensions can prolong market exclusivity.
FAQs
1. What makes a patent claim in pharmaceuticals particularly important?
Claims define the scope of protection, controlling what an infringing product or process would violate. Precise, well-constructed claims maximize exclusivity and reduce the risk of invalidation.
2. How does Korean patent law influence the scope of pharmaceutical patents?
Korean law underscores novelty, inventive step, and industrial applicability. Patent claims must be specific and well-supported by evidence, requiring strategic drafting to withstand legal scrutiny.
3. Can this patent prevent competitors from developing similar compounds?
Yes, if claims are sufficiently broad and valid, they can block competitors from manufacturing or selling similar molecules or methods within Korea.
4. How does this patent landscape compare to international patent environments?
Korea’s patent system emphasizes rigorous examination. Aligning patent strategies with international standards, including PCT filings, ensures broader protection and reduces infringement risks globally.
5. What future actions should patent holders consider?
Monitoring patent validity, defending against infringement, seeking extensions, and pursuing international filings are critical to maintaining competitive advantages.
Sources:
[1] Korean Intellectual Property Office (KIPO). “Patent Examination Guidelines.”
[2] World Intellectual Property Organization (WIPO). “Guide to Patentability Requirements in Korea.”
