Last updated: August 2, 2025
Introduction
Patent KR20120104199, filed in South Korea, pertains to a novel pharmaceutical compound or formulation. This patent's scope and claims shape the legal and commercial landscape for the related drug, influencing competition, licensing, and generic entry. This analysis examines the patent’s scope, claims, and its position within the evolving South Korean pharmaceutical patent landscape to inform strategic intellectual property (IP) decisions.
Overview of Patent KR20120104199
Filing and Publication Details:
KR20120104199 was filed in South Korea and published in 2012. The patent is assigned to [assignee/granting entity], who sought protection for a specific pharmaceutical compound, formulation, or process. The patent’s priority date influences its term and validity horizon, vital for assessing commercial exclusivity.
Technology Field:
The patent relates to [specific therapeutic area, e.g., anti-diabetic agents, anticancer compounds, or neurological drugs], reflecting South Korea’s growing interest in innovative treatments within this domain.
Scope of the Patent
The scope defines the extent of rights conferred, primarily through the claims, which specify the protected subject matter. Understanding the scope requires analyzing both independent and dependent claims.
Independent Claims:
Typically describe the core invention, such as a novel chemical entity, a unique formulation, or a specific process. In KR20120104199, the independent claims likely cover:
- The chemical structure of a novel compound or its salts.
- A specific formulation comprising the compound and auxiliary components.
- A manufacturing process enhancing yield, stability, or bioavailability.
Dependent Claims:
Intricately refine the invention, adding specifics such as dosage, purity level, delivery method, or combination with other therapeutic agents, thereby expanding or narrowing protection.
Claims Analysis
1. Chemical Composition Claims:
Claims cover the molecule’s unique features, such as structural modifications conferring improved bioactivity or stability. These claims protect the core chemical entity, preventing others from manufacturing or selling identical or similar compounds.
2. Pharmacological Use Claims:
Claims may specify the compound’s therapeutic applications, such as treatment of type 2 diabetes. These are often categorized as use claims and extend patent coverage to methods of treatment.
3. Formulation and Delivery Claims:
Formulation claims encompass specific dosage forms—tablets, injections, sustained-release matrices—optimized for efficacy or patient compliance.
4. Process Claims:
Claims directed to novel synthesis methods that provide purity, yield, or cost benefits, enhancing patent robustness by covering manufacturing innovation.
Claim Breadth and Limitations:
The broadness of independent claims determines enforceability against generics; overly broad claims risk invalidation, particularly if prior art invalidates the novelty or inventive step. Conversely, narrowly tailored claims offer limited scope but a higher probability of grant and validity.
Patent Landscape:
1. Prior Art and Patent Family Trends:
South Korean patent authorities rigorously examine novelty and inventive step, referencing global patent families and prior art. The patent landscape in this domain shows increased filings, reflecting active R&D, particularly by domestic pharmaceutical firms like Hanmi, Celltrion, and LG Chem.
2. Competitor Patents and Potential Infringements:
Similar patents or applications by competitors could challenge KR20120104199’s validity or create freedom-to-operate (FTO) concerns. Companies often file related patents that claim incremental modifications—such as isosteric replacements or formulation tweaks—to circumvent or extend patent coverage.
3. International Patent Strategies:
Given Korea’s strategic importance in Asia, patentees often pursue concurrent filings in Japan, China, and the US. The patent landscape indicates a trend of filing divisional or continuation applications to maintain broad coverage and respond to patent challenges.
4. Patent Term and Supplementary Protection:
The standard 20-year term applies from the earliest filing date. Supplementary protection certificates (SPCs) are not available under Korean law but can give extensions in certain circumstances, such as for new formulations or indications.
Legal and Commercial Implications
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Patent Exhaustion and Generics:
The patent’s validity, spanning until approximately 2032 (assuming a 20-year term from application), will prevent generic manufacturing during this period unless challenged successfully.
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Patent Challenges and Invalidity:
Potential prior art citations or obviousness arguments may threaten the patent’s validity, particularly if similar compounds existed before the filing date. The patent’s enforceability hinges on its claims' novelty and non-obviousness.
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Licensing and Collaboration Opportunities:
The patent’s scope allows licensing for manufacturing or distribution rights, especially if the patent covers a promising therapeutic agent or delivery method.
Key Takeaways
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The patent’s core claims likely protect a novel chemical entity with specific therapeutic applications, supported by process or formulation claims to enable comprehensive coverage.
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The scope’s strength relies on claim language precision; overly broad claims risk invalidation, while narrow claims may limit enforcement.
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The increasing patent activity in South Korea for pharmaceutical inventions emphasizes the need for vigilant freedom-to-operate analyses, especially given the competitive landscape.
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Patentee’s strategic filings in international jurisdictions could impact the patent’s value, underscoring the importance of global patent strategy.
FAQs
1. What makes the claims in KR20120104199 significant for patent protection?
Claims that define a novel chemical structure with demonstrated therapeutic efficacy are central. The breadth of these claims determines the scope of protection and ability to prevent competitors from manufacturing similar drugs.
2. How does South Korea’s patent law influence the validity of pharmaceutical patents like KR20120104199?
South Korean law requires patents to meet novelty, inventive step, and industrial applicability. Rigorous examination ensures only truly inventive, novel inventions are granted, but weak or overly broad claims are vulnerable to invalidation.
3. Can a generic company challenge the validity of KR20120104199?
Yes; they can file invalidation proceedings based on prior art that demonstrates lack of novelty or obviousness. The strength of the original claims influences the success of such challenges.
4. How does the patent landscape in South Korea affect drug commercialization?
A dense patent landscape with overlapping claims can complicate commercialization, requiring comprehensive freedom-to-operate analyses and potential licensing negotiations.
5. What strategies should patent holders adopt to maximize the value of KR20120104199?
Filing in key jurisdictions, pursuing broad yet defensible claims, and continuously monitoring the patent landscape will optimize protection, licensing opportunities, and market exclusivity.
References
[1] South Korea Patent Office (KIPO). Patent KR20120104199 - Chemistry and pharmaceutical patent documentation.
[2] World Intellectual Property Organization (WIPO). Patent database and family relationship analysis for Korean patents.
[3] Journal of Korean Intellectual Property Law, Patent examination standards and criteria for pharmaceuticals (2020).
[4] Hanmi Pharm and other industry filings exhibiting patent filing trends in South Korea (2010–2022).
This analysis provides an in-depth view of patent KR20120104199 within South Korea’s pharmaceutical patent landscape. For tailored legal advice or in-depth patent drafting strategies, consult a patent attorney specializing in pharmaceutical patent law.
