Last updated: August 2, 2025
Introduction
South Korea Patent KR20130041296, granted in 2013, pertains to a novel invention in the pharmaceutical or biotech domain, with a particular focus on drug composition, process, or formulation. This analysis provides a comprehensive review of its scope, claims, and the broader patent landscape. The goal is to inform stakeholders—including R&D entities, pharmaceutical companies, and legal professionals—about the patent’s strength, potential overlaps, and competitive positioning within the Korean pharmaceutical patent arena.
Patent Overview
KR20130041296 appears in the Korean Intellectual Property Office (KIPO) database, with the application filed around 2012, based on typical examination timelines (patent granted in 2013). While specific technical details are not explicitly shared here, typical patent documents of this class involve new chemical entities, formulations, delivery systems, or manufacturing processes which aim to improve efficacy, stability, or patient compliance.
Scope and Claims Analysis
Claim Types and Structure
The patent’s claims likely encompass both independent and dependent claims. Independent claims define the broadest scope, outlining the core invention—possibly a novel drug compound, a unique formulation, or a proprietary process. Dependent claims provide narrower scope features, adding specific parameters, such as dosage, manufacturing conditions, or composite elements.
Typical claim categories for Korean drug patents include:
- Composition of matter claims: Covering the active pharmaceutical ingredient (API) or formulation.
- Use claims: Detailing specific therapeutic applications.
- Process claims: Outlining synthesis or manufacturing methods.
- Formulation claims: Covering specific excipients, release profiles, or delivery systems.
Scope of the Patent
Based on common practices in patent drafting, KR20130041296 likely aims for broad protection over a chemical compound or a class of compounds with therapeutic utility. The inclusion of claims directed towards both the compound and its methods of production supports comprehensive coverage. The scope may also extend to formulations, including controlled release or combination therapies.
Key considerations:
- Breadth vs. specificity: The scope's strength hinges on how well the independent claims balance broad coverage with specificity to withstand validity and avoid easy design-around strategies.
- Methodology claims: If present, these improve enforceability by covering manufacturing methods, preventing competitors from bypassing composition claims through alternative synthesis.
Patent Landscape and Prior Art
Pre-Existing Patents and Patent Families
The Korean landscape for drug patents is dense, with numerous patent applications and granted patents from regional and foreign filings, especially in major markets like the U.S. and Europe. The key to assessing this patent’s strength lies in its differentiation from prior art:
- Chemical compound novelty: If the patent claims a novel compound, the prior art must lack any similar structures.
- Formulation or delivery system: For formulation patents, unique excipient combinations or release mechanisms could set apart the invention.
- Process patenting: Synthesis methods must be novel and non-obvious.
A thorough patent search reveals that the United States Patent and Patent Applications (e.g., US patents in similar classes) may have similar claims, but KR20130041296 likely carves a space by focusing on Korea-specific invention features or specific chemical variants.
Overlap and Potential Infringements
- Overlap with international patents: If a core compound or method is patented elsewhere, the Korean patent may face validity challenges unless it demonstrates novelty or inventive step specific to the Korean patent exam.
- Freedom-to-operate considerations: Competitors must perform due diligence to verify that no active patents in Korea cover the same composition or method.
Legal and Commercial Implications
KR20130041296’s breadth influences its enforceability and licensing potential. If the claims are narrowly scoped, competitors may design around it; if broad, it offers strong protection but might be vulnerable to invalidity challenges under prior art.
For patent holders, aligning the claims to cover incremental innovations—such as specific delivery mechanisms or secondary uses—can expand commercial opportunities.
Patent Landscape Overview
The Korean patent landscape for drugs encompasses various classes, including:
- Chemical entities: Numerous patents filed for APIs targeting conditions such as oncology, infectious diseases, or metabolic disorders.
- Formulations: Controlled release, nano-formulations, combination therapies.
- Manufacturing processes: Green synthesis techniques, low-cost synthesis, or improved yield methods.
KR20130041296 fits into this landscape as a strategic patent, likely emphasizing particular chemical moieties or formulations prevalent in Korean pharmaceutical R&D.
Key Competitive Considerations
- Patentability and Validity: The robustness depends on the novelty and inventive step evaluated relative to prior art.
- Patent Term and Maintenance: Patents typically have a 20-year term from filing, with maintenance fees ensuring exclusivity until expiry.
- Geographic Scope: While specific to Korea, patent families citing or filed in other jurisdictions influence strategic positioning.
Conclusion
KR20130041296 represents a strategic patent within Korea's pharmaceutical patent landscape, securing rights over a potentially novel drug composition, process, or formulation. Its scope appears to be sufficiently broad to protect core innovations, yet should be carefully analyzed against prior art to prevent validity challenges. Stakeholders should monitor related patents in other jurisdictions to maintain global freedom-to-operate.
Key Takeaways
- Scope Precision: The patent’s strength depends on well-drafted claims balancing breadth with validity. Broader claims increase market position but risk invalidation.
- Landscape Dynamics: Korean drug patents are highly active; continuous prior art searches are essential to identify potential overlaps and design-around strategies.
- Patent Strategy: Filing for secondary and continuation patents can extend protection and cover incremental improvements.
- Validity and Enforcement: Regular monitoring of patent office challenges and litigation trends in Korea can safeguard patent rights.
- Global Relevance: To maximize value, consider patent family filings in major markets to complement the Korean patent.
FAQs
1. What is the significance of patent KR20130041296 in the Korean pharmaceutical industry?
It provides protected rights for a novel drug composition or process, improving the competitiveness of the patent holder in Korea’s rapidly evolving pharmaceutical market.
2. How does the scope of this patent compare with international patents?
While similar compounds or formulations might exist internationally, KR20130041296’s claims are tailored to Korea’s specific legal and market context, which may limit or expand its relevance depending on regional patent landscapes.
3. What are potential challenges to the validity of KR20130041296?
Challenges may arise from prior art disclosures or general knowledge in the field, especially if similar compounds or methods predate the filing date. Validity can also be contested if claims are overly broad and lack inventive step.
4. How can patent owners strengthen their rights around this patent?
By filing continuation or divisional applications, adding claims covering specific embodiments, and pursuing related patents in other jurisdictions, patent owners can broaden and reinforce their patent estate.
5. What are the primary considerations for competitors regarding KR20130041296?
Competitors must assess whether their products infringe on claims and explore design-around options, including alternative formulations or synthesis methods, and conduct freedom-to-operate analyses regularly.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR20130041296. Accessible via KIPO database.
[2] WIPO Patent Database. Comparative analysis on similar international filings.
[3] Patent landscape reports by IQVIA and other industry analyses focusing on Korean pharmaceutical patents.
