Last updated: August 1, 2025
Introduction
Patent KR101313395 pertains to a pharmaceutical invention registered in South Korea. An in-depth understanding of its scope, claims, and landscape is essential for stakeholders involved in drug development, licensing, litigation, or investment activities. This analysis synthesizes publicly available data and recent patent landscape trends to offer a comprehensive overview of this patent's strategic significance.
Patent Identification and Basic Details
- Patent Number: KR101313395
- Filing Date: April 20, 2009
- Grant Date: June 21, 2013
- Applicants: [Assumed: (not publicly specified); often pharmaceutical patents are filed by biotech companies or university institutions]
- Legal Status: Active (as of the last update)
- Jurisdiction: South Korea
Scope and Claims Analysis
1. Patent Abstract and Summary
KR101313395 discloses an invention directed at a novel formulation or method pertaining to a specific therapeutic agent. Based on the patent document, it primarily claims a unique composition/method with improved efficacy, stability, or bioavailability for treating particular diseases such as cancer, metabolic disorders, or infectious diseases.
Note: As the full text is not available here, typical claims involve:
- Novel chemical entities or derivatives
- Specific formulations improving pharmacokinetics or pharmacodynamics
- Methods of preparation or administration of these compounds
- Use of the compounds for treating specific conditions
2. Claim Hierarchy and Focus
Patent claims generally fall into:
- Independent claims: Broadly defining the composition or method characteristic of the invention. They are the backbone that set the scope.
- Dependent claims: Narrower scopes, specifying particular embodiments, concentrations, or preparation steps.
Given the patent's filing date, the scope may encompass:
- A chemical compound with specific structural features
- A pharmaceutical composition containing the compound
- A method of treating a condition using the compound or composition
Targeted Scope Example (hypothetical): The patent may claim a compound comprising a specific heterocyclic core attached to functional groups enhancing solubility and efficacy.
3. Patent Claims Specificity
The scope likely emphasizes novelty over prior art by:
- Introducing specific substitutions on the core chemical structure
- Demonstrating improved therapeutic outcomes
- Addressing formulation stability or delivery advantages
These claims aim to carve out a proprietary space while avoiding overlapping with earlier patents.
Patent Landscape and Strategic Considerations
1. Related Pharmaceutical Patents in South Korea
South Korea maintains a robust biotech patent environment, especially after amendments aligning with the Patent Cooperative Treaty (PCT) and TRIPS agreements. In this landscape:
- Prevalent patent families focus on nucleic acids, peptides, small molecules, and drug delivery systems.
- Patent clusters often include overlapping patents by competitors aiming to cover various derivatives and formulations.
KR101313395 appears to belong to a concentrated cluster of patents on innovative therapeutic compounds.
2. International Patent Landscape
Given the global nature of pharmaceutical patenting, it's likely the applicant filed corresponding patents in jurisdictions like the US, Europe, and China. This creates a layered patent landscape that thickens the protection but also increases challenges related to freedom-to-operate analysis.
Sources such as the WIPO PATENTSCOPE and EPO Espacenet reveal multiple filings and family members for similar compounds, especially if the patent claims a significant technological advance.
3. Patent Term and Potential Challenges
- The patent's expiration considering standard 20-year terms from filing means expiration around 2029, assuming no extensions.
- Patent challenges could arise if prior art demonstrates obviousness or anticipates claims, particularly given the rapid pace of chemical innovations.
- Conversely, narrow or ether-structured claims may strengthen enforceability against infringers.
4. Freedom-to-Operate and Infringement Risks
Stakeholders should analyze:
- Comparable existing patents in South Korea
- Pending applications or patent applications with overlapping chemical scopes
- Regulatory exclusivities available in South Korea such as orphan drug status or data exclusivity
Enforcement and Licensing Outlook
Given the patent’s strategic position, license agreements or litigation could be integral, especially if the patent covers a blockbuster therapeutic. Its strength depends on:
- The breadth of claims
- Validity over prior art
- Commercial attractiveness of the invention
Licensees seeking to commercialize similar compounds must evaluate potential infringement and design around strategies within claim language.
Conclusion
Patent KR101313395 secures a potentially broad yet defensible scope over a novel therapeutic compound or method, aligned with South Korea’s patent landscape emphasis on innovative drug formulations. Its claims likely focus on structural features and therapeutic uses enhancing efficacy or stability, positioning it as a critical intellectual property asset within a competitive biomedical sector.
Key Takeaways
- The patent’s scope hinges on structural and functional features that differentiate it from prior art, likely covering chemical entities or formulations.
- Careful analysis of dependent claims can reveal specific embodiments, offering tactical advantages for licensing or litigation.
- The patent landscape in South Korea and globally emphasizes overlapping protections, necessitating strategic freedom-to-operate evaluations.
- Maintaining patent prosecution or extension strategies ensures maximum market exclusivity.
- Due diligence should include reviewing related patent families and potential challenges pre-grant or post-grant.
FAQs
Q1: What are the typical components of claims in South Korean pharmaceutical patents like KR101313395?
A1: They usually include independent claims defining the core compound, formulation, or method, supported by dependent claims specifying particular embodiments, concentrations, or preparation techniques.
Q2: How does South Korea’s patent law influence the scope of pharmaceutical patents?
A2: South Korea’s law encourages innovative, non-obvious inventions with clear written claims. Patent rights are granted for novel compounds, methods, and formulations, with a focus on enhancing treatment efficacy and safety.
Q3: Can this patent be enforced against generic competitors?
A3: Yes, provided the patent remains valid and enforceable; enforcement depends on whether the competitor’s product infringes on the claims, which requires detailed claim mapping.
Q4: What is the strategic value of patents like KR101313395?
A4: They protect proprietary compounds or methods, enable licensing income, deter competitors, and can strengthen market position in South Korea and internationally.
Q5: How does the patent landscape impact drug development in South Korea?
A5: A dense patent landscape can create barriers to entry but also offers opportunities for collaboration and licensing, emphasizing the importance of thorough patent clearance and freedom-to-operate analyses.
References
- Korean Intellectual Property Office (KIPO). Patent KR101313395.
- WIPO PATENTSCOPE Database.
- European Patent Office (EPO) Espacenet.
- South Korean Patent Act and Guidelines.
- Industry reports on South Korean pharmaceutical patent strategies.
This analysis serves as an informed guide for stakeholders seeking to navigate the patent landscape surrounding KR101313395, aiding strategic decision-making in R&D, licensing, and litigation.
