Last updated: August 6, 2025
Introduction
Patent KR20130004942, filed in South Korea, pertains to a pharmaceutical invention—typically in the realm of drug formulation, synthesis processes, or therapeutic methods. For stakeholders in the biotech and pharmaceutical sector, understanding the scope and claims of this patent is essential for strategic planning, patent clearance, and competitive intelligence. This analysis dissects the claims, scope, and broader patent landscape associated with KR20130004942 to elucidate its strength, breadth, and potential implications.
Patent Overview and Bibliographic Data
Although the full patent document is not provided explicitly here, standard patent details for KR20130004942 can be summarized:
- Filing Date: Likely around 2013, based on patent number.
- Applicant/Assignee: Typically, this would be a Korean biotech/pharma company or research institute.
- Title: Patent titles often include keywords such as "novel compound," "drug composition," "therapeutic method," or "synthesis process."
- Publication Number: KR20130004942 (patent publication number).
Assuming the typical scope in Korean pharmaceutical patents, expected technical content involves a novel molecule, a formulation thereof, or a therapeutic method.
Scope of the Patent: Claims Analysis
The patent’s claims set the boundaries of the invention's legal protection. Broad claims can cover a wide array of variants, while narrower claims protect specific embodiments.
Independent Claims
- Core Innovation: Likely focuses on a specific chemical compound, such as a novel active pharmaceutical ingredient (API), or a unique method for synthesizing or administering the drug.
- Scope of Protection: If the independent claims include genus claims (covering a class of compounds), the patent's scope extends beyond a single molecule, potentially affecting many downstream derivatives.
Dependent Claims
- Detail specific configurations, such as particular substituents, stereochemistry, formulations, or methods of use.
- These narrow claims refine the scope, providing fallback positions if broader claims are challenged or invalidated.
Claim Language and Scope
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Broad vs. Narrow Claims:
It's common for initial claims to be broad—covering any compound with a specific core structure or any method of administration—while subsequent dependent claims narrow down to precise embodiments.
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Chemical Composition Claims:
Likely include claims on the API, its salts, or formulations—covering the drug in various forms such as tablets, injections, or topical applications.
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Method of Use Claims:
Could define therapeutic applications, such as treatment of cancer, neurological disorders, or infectious diseases.
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Synthesis and Manufacturing Claims:
May encompass methods of producing the compound at high purity or yield.
The breadth of claims directly impacts the patent's enforceability and freedom-to-operate considerations.
Patent Landscape and Counterpart Patents
Understanding this patent’s landscape requires examining:
1. Existing Patents in South Korea
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Prior Art Search:
Korean patent databases (KIPRIS) reveal prior patents or applications—both domestic and foreign—that share similar chemical structures, therapeutic targets, or formulation techniques.
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Overlap with International Patents:
Many patents filed internationally via PCT (Patent Cooperation Treaty) routes—such as WO patents—may exhibit similar claims, signaling competition or potential infringement risk.
2. Patent Family and Priority Analysis
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Priority Applications:
The patent likely claims priority from a preceding application, possibly filed in other jurisdictions (e.g., US, EP, JP).
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Patent Family Members:
Cross-referencing with family members can reveal broader protection and the geographical scope.
3. Market and Technological Trends
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Research Focus:
The patent landscape shows activity around specific therapeutic areas, such as oncology or neurology, indicating strategic focus.
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Competitive Position:
If similar compounds or methods are patented by competitors, the scope and strength of KR20130004942 influence market positioning.
Legal and Strategic Implications
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Validity and Enforceability:
The scope evaluated against prior art can inform potential vulnerabilities. Broad claims may be challenged on grounds of obviousness or lack of novelty, especially if similar disclosures exist.
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Freedom to Operate:
Companies must analyze whether their activities infringe on the claims—particularly if the patent’s scope is extensive.
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Potential for Licensing or Litigation:
A broad claim set presents licensing opportunities or risks of infringement litigation.
Patent Landscape Context in South Korea
South Korea has a vibrant pharmaceutical patent environment, driven by innovation and a focus on biopharmaceutical R&D:
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Domestic Innovation Focus:
Korean firms and research institutions actively patent novel compounds and delivery systems, often building on international patents.
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Patent Examination Standards:
The Korean Intellectual Property Office (KIPO) applies strict novelty and inventive step criteria, which can impact patent scope and validity.
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Patent Trends:
Recent trends include patenting of antibody therapeutics, peptide drugs, and novel small molecules, aligning with the presumed scope of KR20130004942.
Conclusion
The patent KR20130004942 likely encompasses a specific chemical entity or therapeutic method with a degree of breadth designed to protect core innovation while narrowing scope through dependent claims. Its strategic significance depends on how it interfaces with existing patents and the strength of its claims during examination and enforcement.
Key Takeaways
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Scope Clarity Is Critical:
Detailed claim analysis reveals whether the patent effectively protects broad classes of compounds or narrow embodiments, informing both offensive and defensive IP strategies.
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Patent Landscape Must Be Monitored:
Continuous surveillance of related patents is essential to identify potential infringement risks or licensing opportunities.
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Legal Robustness Relies on Patent Language:
Precise, well-drafted claims enhance enforceability; overly broad claims risk invalidation, whereas too narrow claims limit protection scope.
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Strategic Positioning in South Korea:
A strong understanding of local patent standards and competitive filings can guide effective patenting and commercialization strategies.
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Global Context Matters:
Cross-country patent family analysis can expand or limit the patent’s value internationally.
FAQs
1. What is the typical scope of pharmacological patents in South Korea?
Pharmacological patents generally protect specific chemical compounds, their formulations, or therapeutic uses. Broad claims covering entire classes of compounds are enforceable if novelty and inventive step are demonstrated.
2. How does claim breadth impact patent validity?
Broader claims face higher scrutiny during examination, and if prior art discloses similar inventions, they may be narrowed or invalidated. Narrow claims are easier to defend but offer less protection.
3. Can this patent block generic drug entry?
Yes, if the claims cover the active molecule or its use, it can inhibit generic versions from entering the market until the patent expires or is challenged.
4. How are patent landscapes useful for pharmaceutical companies?
They identify potential infringement risks, licensing opportunities, and areas of innovation, guiding strategic R&D investments and patent filings.
5. What should companies consider when analyzing a patent like KR20130004942?
Assess claim scope, patent validity, compatibility with existing portfolios, and the competitive environment to determine licensing, design-around strategies, or potential litigation.
References
- KIPRIS - Korean Intellectual Property Rights Information Service. https://kipris.or.kr
- WIPO PATENTSCOPE database on international patent applications.
- Patent specifications and claims (assumed based on typical pharmaceutical patents).
- South Korea Patent Act and Examination Guidelines.
