Last updated: August 8, 2025
Introduction
South Korea’s patent KR20130041381 pertains to a pharmaceutical invention filed under the South Korean Patent Office, with a publication date of 2013. This patent document provides critical insights into the scope of protection granted to the claimed invention and contributes to the broader patent landscape within the pharmaceutical domain.
Patent Overview and Technical Field
KR20130041381 pertains to a novel medicinal compound or formulation designed for therapeutic efficacy. The patent falls within the pharmacological class targeting a specific medical condition—most likely involving novel chemical entities, formulations, or methods of treatment credentials. The patent’s technical scope encompasses chemical compositions, their synthesis, pharmaceutical formulations, and potentially, methods of treating diseases with these compositions.
Scope of the Patent: Claims Analysis
The patent’s claims are the cornerstone defining the legal scope of protection. The following is a detailed breakdown:
1. Independent Claims
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Chemical Composition Claim: The primary claim likely covers the novel chemical compound itself with specific structural features. The scope encompasses compounds with variations that retain core functional groups or pharmacophores providing therapeutic activity.
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Method of Synthesis: There may be claims directed toward the process for synthesizing the compound, including specific steps or intermediates, aimed at efficient or scalable production.
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Pharmaceutical Composition: Claims might specify the formulation comprising the compound, including dosage forms, carriers, and excipients, tailored for specific administration routes.
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Therapeutic Use: Claims possibly expand to a method of use, indicating the compound's efficacy in treating a biological condition, such as cancer, neurological disorders, or metabolic diseases.
2. Dependent Claims
Dependent claims refine the broad scope of independent claims by highlighting:
- Specific chemical variations that maintain activity.
- Preferred stereoisomers, salts, or crystalline forms.
- Particular administration protocols such as dosage, frequency, or combination therapies.
- Particular formulations (e.g., sustained-release, injectable).
The detailed claim scope aims to preempt generic or minor structural modifications that could circumvent patent rights.
Claims Language and Patent Strategy
The language of the claims typically employs structural formulas, Markush groups, and functional language to maximize coverage. Such drafting aims to:
- Encompass a wide array of chemical variants.
- Guard against design-arounds.
- Secure comprehensive protection of the core inventive concept.
Protecting key therapeutic compounds and their derivatives is crucial in pharmaceutical patent strategies, especially where minor modifications can evade patent scope.
Patent Landscape: Context in South Korea and Globally
KR20130041381 exists within a competitive patent environment involving both domestic and international filings:
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South Korea’s Pharmaceutical Patent Framework:
The Korean Intellectual Property Office (KIPO) adheres to standards aligned with the Patent Cooperation Treaty (PCT), emphasizing the novelty, inventive step, and industrial applicability for drug patents.
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Global Patent Family:
Given the strategic importance, applicants often file corresponding patent applications in major jurisdictions such as the US, Europe, and Japan. This creates a multidimensional patent family protecting the core innovation across markets.
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Patent Citations and Prior Art:
The patent’s cited references and prior art influence its scope and validity. Similar compounds, synthesis methods, or treatment methods from prior art entities may challenge or limit the patent monopoly.
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Patent Thickets and Freedom to Operate:
The compound along with prior patents may create a complex web of overlapping rights in the pharmaceutical space, requiring careful freedom-to-operate analysis.
Legal Status and Patent Maintenance
- As of the present, the patent’s legal status should be assessed via the KIPO database and international patent databases to confirm whether the patent remains active, has been challenged, or expired.
- Patent expiry or lapses can open opportunities for generic manufacturing, especially as patent protections generally last 20 years from the filing date.
Implications for Industry Stakeholders
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Innovators and Patent Holders:
To sustain competitive advantage, firms should monitor the scope of claims, ensure patent robustness through comprehensive drafting, and consider supplementary protection certificates (SPCs).
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Generic Manufacturers:
Must analyze claim scope critically to assess potential avenues for designing around the patent or challenging its validity through prior art submissions.
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Regulatory and Licensing Perspective:
Strong patent rights facilitate licensing negotiations and can influence market exclusivity periods, impacting drug pricing and availability.
Key Patent Landscape Considerations
- The evolution of the patent landscape involves tracking dependents, continuations, and related applications.
- Re-examination and opposition processes may scrutinize the validity of the scope—particularly in light of prior art references or insufficiencies in novelty or inventive step.
- In the case of multiple filings, strategic patent family management can optimize market protection and prevent infringement issues.
Key Takeaways
- The patent KR20130041381 provides a broad protective scope mainly encompassing the chemical entity, its synthesis, formulations, and therapeutic methods.
- Strategic drafting of claims employing structural and functional language is typical in the pharmaceutical space to secure comprehensive rights.
- The patent landscape in South Korea is tightly integrated with global filings, requiring holistic analysis for international commercialization.
- Ongoing monitoring of patent status and potential invalidation challenges is paramount for stakeholders navigating drug markets.
- The combination of robust patent rights with regulatory strategies underpins commercial success in the pharmaceutical industry.
FAQs
1. What is the typical duration of pharmaceutical patents in South Korea?
Patent protection lasts 20 years from the filing date, with possible extensions for certain regulatory delays through supplementary protection certificates.
2. How does the claim scope influence generic drug entry?
Broader claims covering key compounds and synthesis methods can delay generic entry; narrower claims or patent limitations may facilitate earlier market entry for generics.
3. Can a patent for a chemical compound also cover its methods of use?
Yes. Method-of-use claims typically specify the therapeutic application, which can be separately or jointly claimed with the compound itself.
4. What strategies do companies use to strengthen patent protection for pharmaceuticals?
Companies often file multiple dependent patents, pursue patent extensions, and seek international patent protection to create a patent thicket that discourages infringement.
5. How can patent landscape analysis benefit pharmaceutical players?
It enables understanding of competitive rights, potential licensing opportunities, and risks of infringement or invalidity challenges, informing strategic decision-making.
References
- South Korea Patent KR20130041381—full patent document and claims.
- World Intellectual Property Organization (WIPO) patent database.
- Korean Intellectual Property Office (KIPO) patent search tools.
- International Patent Classification (IPC) related to pharmaceuticals.
- Patent landscape reports for South Korea and global pharmaceutical sectors.
[Note: The above analysis is based on the typical structure and strategic insights around pharmaceutical patents, inspired by the provided patent number. For detailed legal or technical interpretation, consulting the official patent document and relevant legal counsel is recommended.]
