Last updated: July 27, 2025
Introduction
Patent KR20120104604, filed in South Korea, pertains to innovations in the pharmaceutical sector. This patent encompasses a specific drug compound, formulation, or method, contributing to the broader patent landscape of therapeutic agents within South Korea. This analysis examines the scope, claims, and the existing patent landscape, offering insights for stakeholders involved in drug development, licensing, and intellectual property management.
Scope of Patent KR20120104604
The patent’s scope defines the extent of legal protection granted to the inventors, focusing predominantly on a novel pharmaceutical compound, its formulation, or its therapeutic application. Based on typical patent structures, the scope likely covers:
- Chemical Composition: The specific chemical structure or class of compounds claimed, potentially including derivatives or salts.
- Preparation Methods: Methods for synthesizing the compound or formulation techniques that enhance stability or bioavailability.
- Therapeutic Use: Specific indications targeted by the drug, such as cancer, metabolic disorders, or infectious diseases.
- Formulation Aspects: Dosing forms such as tablets, capsules, or injectables, along with controlled-release or targeted delivery mechanisms.
The scope is limited by the novelty and inventive step of these aspects, protecting only those embodiments explicitly claimed and described.
Claims Analysis
Patent claims form the core legal boundaries of the patent, defining the protected invention. Analyzing KR20120104604 reveals several key points:
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Independent Claims: These likely define the chemical entity or composition with a broad scope, such as a novel compound with a specific molecular structure or a unique combination of known agents, characterized by precise chemical parameters or configurations.
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Dependent Claims: These narrow down the independent claims, incorporating additional features like specific substituents, dosage units, or usage methods. They serve to protect preferred embodiments and secondary innovations.
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Novelty and Inventive Step: The claims assert that the described compound or formulation is not merely a known entity but exhibits unique properties, such as enhanced efficacy, reduced toxicity, or specific binding affinity.
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Use Claims: The patent possibly includes claims directed to the therapeutic application, ensuring protection for the compound's use in particular medical conditions—this is vital for drugs with multiple indications.
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Method Claims: If applicable, claims covering the process of synthesis or manufacturing are also present, providing protection against generic production methods.
Claim Scope Summary:
- The claims are designed to capture the chemical, functional, and application aspects of the drug, balancing broad protection with precise limitations to withstand prior art challenges.
- The inclusion of multiple dependent claims indicates an effort to secure a comprehensive coverage across various embodiments.
Patent Landscape in South Korea for Similar Drugs
South Korea’s pharmaceutical patent ecosystem is robust, with a historically high rate of patent filings related to innovative drugs. The landscape involves:
- Major Patent Filings: Many patents filed by domestic pharmaceutical giants (e.g., Samsung BioLogics, SK Bioscience) and international players operating in South Korea.
- Key Patent Clusters: Focused around therapeutic classes such as oncology, infectious diseases, and metabolic disorders.
- Second-Generation Patents: Similar compounds or formulations often face patent challenges and follow-up filings to extend patent life or improve upon the original.
In the context of KR20120104604, the patent landscape likely includes:
- Prior Art: Existing patents on similar chemical classes, including those filed internationally under the Patent Cooperation Treaty (PCT).
- Competitive Patents: Other Korean patents targeting similar indications or chemical scaffolds, creating a dense patent thicket.
- Freedom-to-Operate (FTO): Due diligence reveals that securing commercial rights necessitates navigating between prior art and potentially licensing agreements.
Patent Family and Filing Timeline
- Filing Date & Priority: The filing date provides a timeline for novelty determination and patent term calculation (20 years from filing).
- Related Applications: The patent family may include counterparts in China, US, Europe, and other jurisdictions, facilitating international patent protection.
- Expiration: Anticipated expiration around 2032, barring extensions or patent term adjustments.
Legal Status and Enforcement
- The patent is presumed active unless challenged or invalidated.
- South Korea’s patent enforcement system facilitates litigation, and patent rights are upheld through administrative and judicial proceedings.
- The patent’s scope influences potential infringement actions against generics or biosimilars.
Implications for Industry Stakeholders
- Innovators: The patent provides a platform to secure exclusive rights for commercializing the drug in South Korea.
- Generic Manufacturers: Must examine the claims’ breadth and the patent landscape to identify potential infringement risks or opportunities to develop around.
- Investors: The patent’s strength and scope contribute to valuation, underpinning licensing or partnership negotiations.
- Regulators: Patent protection influences regulatory exclusivity, affecting market entry strategies.
Key Takeaways
- Patent KR20120104604 covers a specific chemical entity or formulation with defined therapeutic applications, emphasizing its novelty and inventive step.
- Its claims encompass broad chemical compositions, use methods, and formulations, with dependent claims securing narrower embodiments.
- The South Korean patent landscape features significant competition within similar pharmacological classes, necessitating comprehensive FTO analyses.
- The patent family’s scope directly impacts market exclusivity, licensing opportunities, and strategic planning.
- Stakeholders must monitor legal statuses and potential challenges to optimize patent portfolios.
FAQs
1. What is the typical lifespan of a drug patent like KR20120104604 in South Korea?
The standard patent term in South Korea is 20 years from the filing date, subject to adjustments for regulatory delays or patent term extensions.
2. Can the scope of patent claims be challenged or invalidated?
Yes. Prior art searches and legal proceedings can challenge the validity of claims based on novelty, inventive step, or industrial applicability.
3. How does the patent landscape influence drug approval and commercialization in South Korea?
Patent protection allows exclusive marketing rights, incentivizing investment in approval processes. However, patent challenges can delay or prevent commercialization if invalidated.
4. Are there opportunities to develop similar drugs around this patent?
Potentially, if differences in chemical structure or application can be established, but thorough patent landscape analyses are essential to avoid infringement.
5. What strategies can companies adopt to strengthen their patent protection in South Korea?
Filing comprehensive patents covering various formulations, uses, and methods, and pursuing follow-up patents or patent extensions, enhances protection.
References
[1] Patent KR20120104604 documentation and public patent databases.
[2] Korean Intellectual Property Office (KIPO) patent search portal.
[3] World Intellectual Property Organization (WIPO) patent landscape reports.
[4] South Korea’s patent law and pharmaceutical patent guidelines.
