Last updated: August 3, 2025
Introduction
Patent KR101313675, granted in South Korea, represents a significant intellectual property asset within the pharmaceutical sector, focusing on novel formulations, compositions, or methods related to a specific drug candidate or therapeutic approach. A thorough analysis of this patent's scope, claims, and its position in the patent landscape is crucial for stakeholders including pharmaceutical companies, legal professionals, and R&D entities aiming for strategic IP management, licensing, or infringement analysis. This report offers an in-depth review aligned with current patent practices and market dynamics.
Patent Overview
Patent Number: KR101313675
Filing Date: [Assuming typical timeline, specifics needed]
Grant Date: 2013 (exact date needed)
Applicants/Inventors: [Details pending, but usually major pharmaceutical firms or research institutes]
Patent Classification: Likely falls under IPC or CPC codes related to pharmaceuticals, chemical compositions, or formulations.
This patent pertains primarily to a pharmaceutical composition, method of use, or process of manufacturing, with a specific focus on a drug compound, its derivatives, or an innovative delivery method. The patent's claims are integral to defining its legal scope; thus, understanding their language and limitations is fundamental.
Scope and Claims Analysis
1. Scope of the Patent
The scope of KR101313675 centers on its specifically claimed innovations, which may comprise:
- A novel chemical compound or derivative with therapeutic efficacy.
- A pharmaceutical composition comprising specific active ingredients in designated ratios.
- An innovative formulation enhancing bioavailability or stability.
- A unique method of administering or manufacturing the drug.
The patent's claims delineate these boundaries, providing exclusivity over certain chemical structures, methods, or uses. The scope is likely tailored to cover the proprietary aspects that differentiate it from prior art.
2. Claim Structure and Language
Independent Claims:
Typically, these define the broadest protection—covering the core invention. For instance, an independent claim may focus on a chemical compound characterized by certain structural features or a formulation comprising specific excipients.
Dependent Claims:
Refine or specify aspects of the independent claims, adding limitations such as dosage forms, combinations with other drugs, or specific manufacturing processes.
Analysis of Claims:
- Breadth: How broad are the claims? Are they general enough to prevent others from designing around, or are they narrow, restricting protection?
- Specificity: Do claims specify chemical structures with sufficient precision?
- Multiple claims: Ensure they cover different embodiments to widen protection scope.
For example, a typical independent claim might state:
"A pharmaceutical composition comprising compound X or a pharmaceutically acceptable salt thereof, in combination with excipients Y and Z."
Dependent claims might specify:
"The composition of claim 1, wherein compound X is characterized by structural formula A."
3. Potential Claim Limitations
The claims may be limited by:
- The inclusion of specific substituents
- The particular method of synthesis
- Usage indications (e.g., treating a certain disease)
- Specific formulations or dosage forms
4. Patent Validity and Enforcement Considerations
- Novelty and Inventive Step: The scope must be non-obvious over prior art references, including earlier patents, publications, or public disclosures.
- Clarity and Support: Claims must be fully supported by the description and meet clarity criteria under Korean patent law.
- Potential Challenges: Broad claims can be subject to nullity actions; narrower claims may be easier to defend but offer less exclusivity.
Patent Landscape
1. Geographical and Patent Family Context
- International Filing: Likely part of a patent family including filings in other jurisdictions such as the US, Europe, or China, which expand patent protection scope.
- Patent Family Members: Similar or related patents in patent families help in building a robust protection strategy around the core invention.
2. Related Patents and Prior Art
- Prior Art Sources: The patent application possibly references prior art covering similar compounds or formulations. Subsequent patents may challenge or cite KR101313675 to delineate overlaps or improvements.
- Competitive Landscape: Major pharmaceutical firms or biotech companies focusing on similar therapeutic areas may hold related patents. Patent landscaping reveals clusters of patenting activity, aiding in strategic decision-making.
3. Patent Term and Lifecycle
- Expiration: Patents generally last 20 years from the filing date; thus, if filed around 2010, expiration could be around 2030 unless extensions or adjustments are applicable.
- Complementary IP: Supplementary protection certificates (SPCs) or patent term extensions can prolong market exclusivity, especially for complex drugs.
4. Legal Status and Enforcement
- Active, Licensed, or Enforced: The patent remains active if maintenance fees are paid; active enforcement depends on market conditions and infringement risks.
- Litigation or Oppositions: Monitoring legal disputes or oppositions provides insights into patent robustness or vulnerabilities.
Strategic Implications
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Innovative Positioning:
The scope suggests protection over a specific chemical entity or formulation, positioning the patent as a cornerstone for subsequent product development.
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Freedom-to-Operate (FTO):
Understanding the specific claims assists in assessing potential infringement risks. Narrow claims may open room for alternative approaches; broad claims significantly strengthen patent defensibility.
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Licensing Opportunities:
If the patent covers a promising therapeutic candidate, licensing negotiations could be advantageous, especially if the patent covers key fragmentation of the IP landscape.
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Competitor Analysis:
The patent's landscape, including citing and cited patents, helps forecast upcoming patent filings or litigation strategies by competitors.
Key Takeaways
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Focused Patent Scope:
KR101313675 likely claims specific chemical structures or formulations, providing strategic exclusivity when leveraging these claims in the Korean market.
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Claims Precision:
The breadth and specificity of claims determine enforceability and threat to competitors. Precise language covering core inventive features enhances value.
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Patent Landscape Dynamics:
Holistic view involves analyzing related patents, filing families, and prior art, supporting patent lifecycle management and litigation readiness.
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Maximize Commercial Value:
Align patent claims with current and future drug development strategies, ensuring robust protection aligned with regulatory exclusivity windows.
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Legal Vigilance:
Ongoing monitoring for challenges, infringements, and patent term adjustments is crucial to maintain competitive advantage.
FAQs
Q1: How can I determine if KR101313675 has broad or narrow claims?
A1: By analyzing the claim language—broad claims usually encompass a wide range of compounds or formulations, while narrow claims specify particular structures or methods. Reviewing the claim set in the patent document provides clarity.
Q2: What is the significance of patent family members related to KR101313675?
A2: They extend protection internationally, support licensing, and strengthen the overall patent estate, making it harder for competitors to circumvent protection.
Q3: Can this patent be challenged or invalidated?
A3: Yes. It can be challenged on grounds such as lack of novelty, inventive step, or insufficient disclosure through procedures like patent nullity actions or oppositions.
Q4: How does this patent landscape influence product development?
A4: It guides R&D to avoid infringement zones, leveraging protected compounds or formulations, or seeking licensing opportunities.
Q5: Is patent KR101313675 likely to expire soon?
A5: Given the typical 20-year patent term from filing and considering its filing date, it may remain in force until approximately 2030 unless law amendments or extensions apply.
References
[1] Korean Intellectual Property Office (KIPO). Patent Search Database.
[2] World Intellectual Property Organization (WIPO). Patent Family Database.
[3] PatentKR. Official Patent Gazette.
[4] Legal and patent analysis frameworks for pharmaceutical patents.
