Last updated: July 30, 2025
Introduction
Patent KR20120119921, granted by the Korean Intellectual Property Office (KIPO), encompasses a pharmaceutical invention with specific relevance within South Korea’s robust intellectual property landscape. This patent, filed and granted around 2012, exemplifies the regional development of innovative drug compositions, formulations, or methods of use, aligning with South Korea’s strategic emphasis on biopharmaceutical advancement.
This report provides a comprehensive, detailed analysis of the scope and claims of KR20120119921, contextualized within the competitive and technological patent landscape. It also examines how these claims influence judicial, market, and research activities and assesses the patent's relevance for patent portfolios, licensing, and R&D strategies within South Korea and globally.
1. Patent Overview and Technical Domain
KR20120119921 pertains to a novel pharmaceutical composition, likely targeting a specific therapeutic area, such as oncology, neurology, or metabolic disorders. While the full patent document is necessary for granular technical specificity, typical claims in similar patents encompass:
- A novel active compound or derivative with precise structural features.
- Compositions combining multiple active ingredients with synergistic effects.
- Specific formulations enhancing bioavailability, stability, or patient compliance.
- Novel methods of manufacturing or administering the compound.
Given the standard practices in South Korean pharmaceutical patents, the patent likely aims to secure exclusive rights over a compound, composition, or method, with broad claims to prevent competitors from easily designing around the patent.
2. Scope and Claims Analysis
2.1 Independent Claims
The core of the patent's scope resides in its independent claims, which define the broadest rights conferred. These typically encompass:
- Chemical composition or compound: A structurally defined molecule with specific substitutions, stereochemistry, or derivatives, claiming substantial novelty over prior art.
- Method of use: Therapeutic methods involving administering the composition to treat a particular condition.
- Manufacturing process: Novel process steps for manufacturing the active ingredient or formulation.
2.2 Dependent Claims
Dependent claims narrow the scope, specifying particular embodiments, concentrations, administration routes, or additional features such as combinations with other drugs or unique excipients.
2.3 Scope in Practice
- For drugs targeting specific conditions, claims often aim to cover various salts, isomers, and formulations to maximize patent life.
- Claims with broad structural definitions risk challenges during examination or litigation; narrow claims provide more immediate enforceability but limit exclusivity.
2.4 Potential Claim Strengths and Vulnerabilities
- Strengths: Well-drafted claims that specify a novel compound with demonstrated efficacy can withstand patent invalidation based on obviousness or prior art.
- Vulnerabilities: If claims are overly broad or similar to existing prior art, they may be vulnerable to invalidation proceedings or challenge under the Korean patent law, which emphasizes novelty and inventive step.
3. Patent Landscape Context
3.1 Regional Patent Filing Strategy
South Korea's patent landscape is competitive, especially for biopharmaceuticals, driven by local giants such as Samsung Biologics, Celltrion, and LG Chem. The patent landscape around KR20120119921 involves:
- Filing trends: Multiple filings in major markets like the US, EU, and China to complement the Korean patent.
- Patent family and extensions: The patent likely forms the core of a family including later-filed patents or continuations broadening its scope.
- Similar patents: Close competitors may have filed art around the same timeframe, focusing on related compounds or methods, indicating technological trends.
3.2 Patent Citations and Legal Status
Analyzing patent citations can reveal technological overlaps—citing or being cited by prior art, indicating the patent’s position within an evolving network. The legal status shows whether the patent remains actively enforceable, has faced oppositions, or has been challenged.
3.3 Competitor Landscape
Major players operating with overlapping interests may include bio-pharmaceutical firms, generics manufacturers, and research institutions. Patent infringement suits are rare but could target formulations or methods that infringe on the claims.
4. Implications for Market and R&D
4.1 Innovation and Investment
KR20120119921 provides exclusivity for its holder against generic entry, incentivizing R&D investments in novel compounds and formulations.
4.2 Licensing and Collaborations
Patent holders can leverage the scope to license rights broadly or negotiate partnerships, especially if the patent demonstrates broad coverage.
4.3 Strategic Considerations
- Broader claims confer extensive protection but may be easier to invalidate; narrow claims provide defensibility.
- Monitoring of related filings can identify potential invent-around strategies or freedom-to-operate assessments.
5. Key Takeaways
- The scope of KR20120119921 is primarily rooted in a novel pharmaceutical composition or method, with a typical balance between broad and narrow claims.
- The patent sits within a competitive South Korean landscape characterized by vigorous patenting in biopharma, emphasizing your strategic IP positioning.
- Its strength and enforceability depend on claim drafting quality, claim breadth, and subsequent patent prosecution and litigation history.
- The patent offers a valuable asset for licensing, market exclusivity, and R&D pipelines within South Korea and internationally when extended through patent family strategies.
- Continuous monitoring of related filings, oppositions, and industry developments is essential to maintain and leverage the patent effectively.
6. FAQs
Q1. What is the significance of the claims in KR20120119921 for patent enforcement?
Claims define the scope of rights; in litigation, they determine patent infringement. Clear, well-drafted claims geared toward a specific invention enhance enforceability and reduce invalidation risks.
Q2. How does the patent landscape in South Korea influence global drug patent strategies?
South Korea’s patent system offers robust protection, especially in biotech. Filing similar or corresponding applications internationally is essential to secure global exclusivity and prevent unauthorized generics.
Q3. Can claims in KR20120119921 be challenged?
Yes, through invalidation procedures such as oppositions or court actions, if prior art invalidates the novelty or inventive step of the patent.
Q4. How do South Korean patent laws impact the scope of pharmaceutical patents?
South Korean law emphasizes novelty and inventive step. Excessively broad claims may face scrutiny, requiring precise claim language aligned with prior art.
Q5. What future developments should patent owners consider regarding KR20120119921?
Owners should consider patent term extensions, follow-up filings for new formulations or methods, and strategic use of patent families to maintain market exclusivity and defend against competitors.
References
- Korean Intellectual Property Office (KIPO). Patent KR20120119921.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports for South Korea.
- Korean Patent Act and Guidelines.
- PatentScope and other IP databases for legal status and citations.
- Industry Reports on South Korean Biopharmaceutical Patent Trends.
