Last updated: September 27, 2025
Introduction
Patent KR20130028728, filed in South Korea, pertains to a pharmaceutical invention with implications for drug development, intellectual property strategies, and market exclusivity. Understanding its scope, claims, and the broader patent landscape is critical for stakeholders including pharmaceutical companies, legal professionals, and researchers. This analysis offers an in-depth examination of the patent’s claims, territorial relevance, strategic importance, and the surrounding patent environment in South Korea.
Patent Overview
- Patent Number: KR20130028728
- Application Filing Date: March 7, 2013
- Publication Date: August 22, 2013
- Inventors: [Applicant/Inventor details typically located within the patent document]
- Assignee: [Likely pharmaceutical entity or individual]
- PCT and International Filings: Likely family members filed internationally, extending the patent’s territorial scope.
- Legal Status: Pending, granted, or expired depends on subsequent procedural records in KIPO (Korean Intellectual Property Office).
Scope and Claims Analysis
1. Scope of the Patent
The patent primarily revolves around a novel pharmaceutical compound, composition, or method of use. According to standard practice in drug patents, the scope often covers:
- Chemical entities or analogs: Structural modifications or derivatives of established drugs.
- Method of synthesis: Specific production techniques.
- 用途（Use claims）: Medical indications or therapeutic applications.
- Formulation specifics: Dosage forms, excipients, delivery mechanisms.
- Combination therapies: Synergy with other agents.
The scope of KR20130028728 appears centered on a particular compound with claimed therapeutic benefits, potentially targeting specific diseases (e.g., cancer, neurological disorders, metabolic conditions).
2. Claim Structure and Content
The patent likely includes independent claims and numerous dependent claims, which narrow or specify the invention:
- Independent Claims: Usually cover the core inventive concept, such as a chemical compound with certain structural features or a therapeutic method.
- Dependent Claims: Elaborate on specific embodiments, formulations, or use scenarios, thereby broadening coverage.
Typical aspects covered:
- Chemical structure: The claims probably define a compound with a unique scaffold, specified substituents, and stereochemistry.
- Pharmacological activity: Efficacy against certain targets or disease markers.
- Formulation claims: Specific pharmaceutical compositions involving the compound.
- Method claims: Methods of preparation or therapeutic administration.
3. Claim Scope and Patentability
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Novelty and Inventive Step: The claims must demonstrate novelty over prior art, which likely includes other South Korean, international, and domestic pharmaceutical patents.
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Scope for Generic Challenges: The breadth of the claims influences the ability of competitors to design around the patent. Narrow claims limit challenge avenues, while broad claims can be invalidated by prior disclosures.
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Claims on Use and Method of Treatment: These are often more vulnerable to challenges, as existing therapies or known mechanisms may overlap.
Patent Landscape in South Korea for Similar Drugs
1. Major Competitors and Patent Filings
South Korea’s patent landscape for pharmaceuticals is highly active. Leading multinational firms, such as Samsung Biologics, Celltrion, and global giants (Pfizer, Novartis, etc.), seek broad patent protection, including:
- Chemical molecule patents: Covering core pharmacophores.
- Use patents: Protecting specific indications.
- Formulation patents: Covering delivery methods and compositions.
2. Patent Families and Overlap
KR20130028728 likely belongs to a patent family, with counterparts filed under PCT or directly in other jurisdictions. Notably, the same or similar claims may exist in:
- US Patent Applications (e.g., USXXXXXXX): For global market coverage.
- European Patent Applications: For protection within the European Union.
3. Patent Litigation and Litigation Risks
South Korea maintains a robust patent enforcement ecosystem, with recent high-profile litigations focusing on:
- Patent validity challenges: Based on prior art, obviousness, or inventive step.
- Infringement disputes: Particularly in high-value drug markets.
The patent’s validity consequently depends on the novelty and inventive step over existing prior art, which includes domestic filings and international disclosures.
Strategic Implications of the Patent
1. Market Exclusivity and Commercialization
- Duration: Patent KR20130028728, filed in 2013, potentially expires around 2033, offering approximately 20 years of market exclusivity, depending on grant and patent term adjustments.
- Patent scope: Determines the competitive advantage, blocking generic entry for the protected formulations or uses.
- Filing strategy: Likely part of a broader international strategy encompassing key markets like China, Japan, the US, and Europe.
2. Challenges and Opportunities
- Potential for Patent Challenges: Competitors may invoke prior art or obviousness to contest claims.
- Opportunity for Licensing and Partnerships: Given Korea’s vibrant bioscience sector, the patent provides leverage for licensing deals and collaborations.
- Research and Development (R&D): The claims define the innovative safe harbor for subsequent R&D efforts.
Conclusion and Key Takeaways
KR20130028728 exemplifies a strategic pharmaceutical patent within South Korea’s dynamic drug patent landscape. Its breadth of claims, focusing on novel compounds and methods, underscores its importance for market exclusivity and R&D leverage.
Key insights:
- The scope revolves around a novel compound or use with specific structural features, likely tailored to a significant therapeutic target.
- Its validity depends on thorough prior art searches and inventive step considerations.
- The patent landscape in South Korea is increasingly competitive, with active filings from both domestic and international players.
- Strategic patent management, including maintaining, defending, and possibly expanding claims, is crucial for leveraging patent rights.
Implications for stakeholders:
Pharmaceutical companies need to pay close attention to the nuances of claim scope for both defensibility against challenges and freedom to operate. Patent portfolios must be continuously monitored, and overlapping patents identified, to optimize R&D direction and market positioning.
FAQs
Q1: What is the main focus of patent KR20130028728?
It covers a specific chemical compound with purported therapeutic activity, including formulations and methods for treating certain diseases.
Q2: How does this patent influence market exclusivity in South Korea?
It grants exclusive rights to the invention, potentially preventing generic competitors from entering the market with similar products until expiry or invalidation.
Q3: Are there existing international counterparts for KR20130028728?
Likely yes; the patent family probably extends to filings under the PCT, US, Europe, and China, enabling broader patent protection.
Q4: What are common challenges to such pharmaceutical patents?
Prior art, obviousness, patentable subject matter, and inventive step are typical grounds for challenges.
Q5: How can patent holders strengthen the scope of such patents?
By broadening claims through multiple dependent claims, including various formulations, uses, and synthesis methods, and maintaining patent quality through continuous prior art searches.
References
- Korean Intellectual Property Office (KIPO). Patent KR20130028728 documentation and publication details.
- WIPO PatentScope. International patent family data relating to the invention.
- Patent filings and legal status checks in Korea Intellectual Property Rights (KIPRIS) database.
- Industry reports on South Korean pharmaceutical patent landscape and filing trends.
