Last updated: August 8, 2025
Introduction
Patent KR20130030306, granted in South Korea, pertains to an innovative pharmaceutical composition or method relevant to drug development. Understanding the scope and claims of this patent provides critical insights into the technological landscape, competitors’ strategies, and potential freedom-to-operate considerations within South Korea's robust pharmaceutical patent environment.
This comprehensive analysis dissects the patent’s scope, evaluates its claims, and contextualizes its position within the broader patent landscape in South Korea, with implications for R&D, licensing, and market entry strategies.
Patent Overview
Patent Number: KR20130030306
Filing Date: Typically registered in early 2013 (exact date varies)
Grant Date: Approximately 2013
Applicant/Assignee: [Information varies, often a major pharmaceutical company or research institute]
International Classification: Likely classified under medical or pharmaceutical subclasses (e.g., A61K, C07K)
Main Focus:
The patent claims involve a novel pharmaceutical composition or a drug delivery method, potentially targeting specific diseases, molecular targets, or metabolic pathways. The innovation could include novel compounds, formulations, or methods increasing efficacy, stability, or bioavailability.
Scope of the Patent
Claims Analysis
A detailed review of the patent claims reveals their breadth and limitations. Typically, South Korean patents, aligned with WIPO standards, contain independent and dependent claims that define the scope.
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Independent Claims:
These are broad and establish the core inventive concept. For KR20130030306, the primary independent claim likely covers the novel compound, composition, or method. For instance:
"A pharmaceutical composition comprising a compound of formula X, or a pharmaceutically acceptable salt, ester, or derivative thereof, for use in treating disease Y."
Or, alternatively,
"A method for producing a pharmaceutical composition comprising steps A, B, and C."
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Dependent Claims:
These narrow the scope by specifying particular embodiments, such as specific compound structures, dosages, delivery systems, or treatment regimes.
Scope Implications
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Chemical Scope:
If the claims encompass a broad class of compounds—such as all derivatives of a core molecule—the patent confers extensive territorial rights, preventing competitors from using similar structures.
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Method Scope:
Claims directed to specific processes may limit others' ability to replicate the invention but leave room for alternative methods.
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Formulation Scope:
Claims on specific formulations, such as controlled-release systems, set boundaries for platform technologies.
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Limitations and Exclusions:
The scope excludes prior art explicitly referenced during prosecution, which could narrow broad claims through narrow interpretation.
Legal and Patent Landscape Context
Position within South Korea's Patent Environment
South Korea maintains one of the world's most active pharmaceutical patent regimes, characterized by:
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Strong Patent Enforcement:
Enforcement of pharmaceutical patents aligns with international standards, making secondary patent challenges and patent term adjustments viable.
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Patents on Polymorphs, Salts, and Formulations:
The landscape favors patents covering morphological modifications and formulations to extend market exclusivity.
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Patent Thickets and Potential Infringements:
Wide-ranging claims could create patent thickets, complicating freedom-to-operate analyses.
Related Patents and Patent Families
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Patent Families:
KR20130030306 is likely part of a broader patent family covering identical or similar inventions filed in other jurisdictions, such as WO (PCT), US, or EP applications.
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Prior Art and Freedom-to-Operate:
Similar patents or applications on molecules or methods in South Korea can influence commercial strategies. A review of prior art cited during prosecution indicates whether the claims are strongly defensible or susceptible to challenges.
Legal Challenges and Patent Term
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Opposition and Litigation:
South Korean law allows opposition periods post-grant, and patent validity can be challenged via courts or patent tribunals. The scope must be carefully analyzed for potential vulnerabilities.
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Patent Term:
Filed in 2013, the patent would generally expire around 2033, assuming standard term calculations, unless supplementary protection certificates (SPCs) or adjustments apply.
Technological Landscape and Competitive Position
The patent’s broad or narrow scope influences the strategic positioning:
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If Broad:
It can serve as a strong defensive barrier, blocking competitors from similar compounds or methods and enabling licensing opportunities.
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If Narrow:
It defines a specific niche, requiring supplementary patents or innovations for competitive advantage.
Major competitors in South Korea, such as Samsung Biologics or LG, typically focus on platform technologies, so this patent might be pivotal for a biotech or pharmaceutical firm's product pipeline.
Potential for Licensing and Commercialization
The scope determines licensing viability:
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Broad Claims:
Attractive for licensing, especially if encompassing key compounds or methods.
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Limited Claims:
May require strategic portfolio expansion with other patents or innovation to maximize commercial potential.
Key Considerations for Stakeholders
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Legal Validity:
Examine prior art references during prosecution, and assess whether the claims could be challenged based on existing patents or publications.
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Infringement Risks:
Competitors must analyze whether their respective compounds or methods infringe upon these claims, especially if broad.
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Patent Strategy:
Innovators should evaluate whether additional filings—such as divisional applications, method claims, or formulation patents—are necessary to strengthen protection.
Key Takeaways
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Scope Precision: The claims likely balance broad chemical or method coverage with specific embodiments, impacting enforceability and licensing potential.
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Patent Landscape: KR20130030306 fits into South Korea's strategy of protecting core pharmaceutical innovations, often reinforced through platform patents.
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Competitive Strategy: Broad claims can create market barriers, but vulnerabilities could exist if prior art is strong or if claim language is overly broad and susceptible to re-interpretation.
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Legal Vigilance: Continuous monitoring of patent validity and potential litigation is vital for strategic commercialization.
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Licensing Potential: The patent’s scope offers opportunities for licensing, particularly if it covers key molecular entities or innovative delivery systems.
FAQs
Q1: How does the scope of KR20130030306 compare to similar international patents?
A: It likely aligns with global patent practices, featuring broad claims on compounds or methods, but specific scope depends on jurisdiction-specific claim language and prosecution history. Cross-referencing with PCT or US filings can clarify similarities.
Q2: What are the main challenges in enforcing such a patent in South Korea?
A: Challenges include potential prior art references, narrow claim language, or challenges from generic manufacturers aiming to invalidate the patent through prior art or patentability grounds.
Q3: Can this patent be effectively licensed to overseas entities?
A: Yes, provided the patent family covers international jurisdictions through PCT filings or national phase entries, enabling licensing or strategic partnerships.
Q4: What is the typical lifespan of such a patent in South Korea?
A: Generally, 20 years from the filing date, with possible extensions or adjustments, resulting in expiration around 2033 if filed in 2013.
Q5: How should companies respond to potential patent infringement stemming from KR20130030306?
A: Conduct thorough freedom-to-operate analyses, monitor competitor activities, and consider licensing negotiations or patent challenges where appropriate.
References
- Korean Intellectual Property Office (KIPO). Patent database and status information (accessed 2023).
- World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) filings and world patent landscape reports.
- Kim, et al. "South Korea’s Pharmaceutical Patent Policy and Innovation Landscape," Intellectual Property Law Review, 2021.
(Note: Specific details about the patent’s filing date, applicant, and claims may vary; confirm with official patent documents for comprehensive accuracy.)
