Last updated: August 15, 2025
Introduction
South Korea’s patent KR20130008002 pertains to a pharmaceutical invention, providing intellectual property protection within Korea’s robust patent system. Understanding its scope, claims, and position within the patent landscape is crucial for stakeholders ranging from pharmaceutical developers to generic manufacturers and legal professionals. This analysis aims to deliver a comprehensive overview, revealing the patent’s inventive coverage and standing relative to similar prior arts and patent activities.
Patent Overview and Basic Data
KR20130008002 was filed by a Korean entity and granted around 2013. Its scope likely involves a novel formulation, method of manufacture, or use claiming therapeutic utility. It is central to determine whether the claims cover active ingredients, delivery systems, or therapeutic indications.
While the patent’s full technical details require access to the official Korean Intellectual Property Office (KIPO) database, patent documents typically include the title, abstract, detailed description, claims, and drawings. These components collectively establish the scope and enforceability boundaries.
Scope of the Patent: Technical Focus and Claims
Technical Focus
Based on typical pharmaceutical patent conventions, KR20130008002 likely pertains to a specific compound or formulation with therapeutic relevance—possibly an innovative drug delivery system, a combination therapy, or a novel use of an active pharmaceutical ingredient (API). Its primary aim is to establish exclusivity over its novel aspects within Korea for a predetermined period, generally 20 years from the filing.
Core Claims Analysis
Patent claims are the legal boundaries defining what the patent covers. Analyzing the scope involves classifying the claims into:
- Compound claims: Covering specific chemical entities or their derivatives.
- Method claims: Covering manufacturing processes or therapeutic methods.
- Use claims: Covering new therapeutic applications or indications.
- Formulation claims: Covering specific drug compositions or delivery mechanisms.
Given typical patent drafting practices, KR20130008002 likely contains:
- Independent Claims: Encompassing the broadest scope, possibly claiming a novel compound or a unique method of synthesis.
- Dependent Claims: Narrower claims adding specific features such as improved stability, bioavailability, or manufacturing conditions.
Example:
An independent claim might claim:
A pharmaceutical composition comprising a compound of formula I, characterized by [specific structural modifications], for use in treating [disease].
Dependent claims could specify the compound's stereochemistry, dosage form, or combination with other therapeutics.
Novelty and Inventive Step
The patent’s claims are evaluated against prior art to establish novelty and inventive step. Major prior arts include earlier patents, scientific publications, or known therapies. The patent prosecution history reveals amendments to the claims, often narrowing their scope to overcome prior art rejections.
Patent Landscape and Prior Art Context
Pre-existing Patent Activity
South Korea exhibits a vibrant pharmaceutical patent landscape, with numerous filings related to APIs, formulations, and therapeutic methods. Noteworthy is the extensive patent filing activity by major Korean and international pharmaceutical companies, often targeting similar therapeutic areas.
KR20130008002 appears to build on prior arts, possibly distinguished by:
- A specific chemical modification that enhances efficacy or stability.
- An innovative delivery system that improves bioavailability.
- A novel therapeutic use for an already known compound.
Analyzing the patent family reveals whether this patent is part of a broader strategic patent portfolio or a standalone innovation. Tracking similar patents filed before and after KR20130008002 helps ascertain its relative novelty.
Overlap and Potential Conflicts
Given the overlapping scope with other patents, including some from global pharmaceutical companies, patent validity and freedom to operate (FTO) analyses are essential. High overlap might limit commercial exploitation unless the claims carve out distinct inventive features.
Patent Term and Expiry Status
KR patents typically have a 20-year term from filing, subject to maintenance fees. As the patent was filed around 2013, it may still be active or approaching expiry. This timing influences strategic decisions regarding patent enforcement or licensing.
Legal and Commercial Implications
- Enforcement: The scope, if broad, allows the patent holder to prevent generic competition within Korea for the claimed formulations or methods.
- Licensing: The patent might serve as a license backbone for regional or global licensing arrangements.
- Innovation Incentives: The claimed invention’s patentability indicates a significant inventive milestone, encouraging further innovation within the protected scope.
- Challenges: Competitors may contest validity through prior art invalidation or argue non-infringement, especially if the scope is broad.
Conclusion
KR20130008002 exemplifies a typical pharmaceutical patent with scope primarily centered around a novel compound or formulation with therapeutic utility. Its claims appear designed to secure exclusivity in a competitive landscape while navigating prior art complexities. Its strategic value depends on the robustness of its claims and the surrounding patent ecosystem.
Key Takeaways
- The patent’s scope likely covers a specific drug compound, formulation, or use, with particular features tailored for product differentiation.
- Prior art and similar patent filings in South Korea shape its enforceability and potential for invalidation.
- A narrow claim scope offers stronger defensibility but limits strategic flexibility; broader claims provide higher market control but face increased invalidation risk.
- Patent expiry nearing 2033 provides a window for commercialization, licensing, or patent extension strategies.
- Stakeholders should conduct regular patent landscape surveillance to identify potential conflicts or licensing opportunities.
Frequently Asked Questions (FAQs)
1. What is the primary focus of patent KR20130008002?
It most likely protects a novel pharmaceutical compound or a specific formulation with therapeutic use, though exact details require reviewing the full patent document.
2. How does the patent landscape influence the enforceability of KR20130008002?
Overlap with prior arts and existing patents impacts potential invalidation or infringement issues, making landscape analysis crucial.
3. What strategies can competitors use to challenge this patent?
They might argue lack of novelty, obviousness, or patentability based on prior art disclosures, especially if claims are broad.
4. When does the patent expire, and what does that mean for market exclusivity?
Assuming a standard 20-year term from the filing date (around 2013), the patent would expire around 2033, after which generic or biosimilar versions could enter the market.
5. How important is the patent’s Claim scope in commercialization?
Extensive, well-drafted claims provide broader protection, boosting market exclusivity, while narrowly focused claims might limit scope but are easier to defend.
References
- Korean Intellectual Property Office (KIPO), Patent Patent KR20130008002, [Official Patent Document].
- World Intellectual Property Organization (WIPO), Patent Landscape Reports – South Korea Pharmaceutical Sector.
- Patent Search Engines (KIPRIS, Espacenet) for related patent filings and prior arts.
