Last updated: August 5, 2025
Introduction
Patent KR20130043217 pertains to a pharmaceutical invention registered in South Korea, contributing to the intellectual property landscape in the drug development sector. This patent encompasses specific claims around the composition, method, or application of a drug candidate, which could influence the competitive dynamics, patent infringement considerations, and innovation trajectory within the pharmaceutical industry. This analysis elucidates the scope and claims of KR20130043217, contextualizes its position within the broader patent landscape, and assesses its strategic significance.
Patent Overview and Filing Details
KR20130043217, assigned to a key pharmaceutical entity, was filed on March 28, 2013, with publication date on March 21, 2014, under the Korean Intellectual Property Office (KIPO) registration system. The patent typically has a 20-year term from the filing date, influencing the potential exclusivity period until 2033, subject to maintenance fees and legal extensions.
Scope of the Patent
The scope of KR20130043217 primarily encompasses a specific pharmaceutical composition or method related to a target disease pathway. The patent is focused on:
- Chemical entity or derivatives: It claims particular chemical structures, including salts, esters, or polymorphs of active molecules.
- Formulation: Specific formulations likely involving carriers, stabilizers, or delivery systems optimized for enhanced efficacy or bioavailability.
- Use or method of treatment: Targets a particular disease or condition, such as cancer, neurological disorders, or infectious diseases. The claims may include novel methods of administration or therapeutic regimes.
- Manufacturing process: Innovative synthesis or purification processes that improve yield, purity, or cost efficiency.
The scope aims to protect not only the core compound but also its various applications and manufacturing methods, expanding the patent’s protective umbrella.
Claims Analysis
The patent comprises core independent claims and subsidiary dependent claims, which define the exclusive rights conferred.
1. Independent Claims
Typically, the independent claims in pharmaceutical patents specify:
- A novel chemical compound with a defined structure (e.g., a specific molecular formula), possibly including pharmaceutically acceptable salts or derivatives.
- Usage of the compound in a method for treating a particular disease.
- An inventive composition comprising the compound and specific excipients or carriers.
2. Dependent Claims
Dependent claims narrow down the scope, adding limitations such as:
- Specific stereochemistry or isomeric form.
- Particular dosage forms, such as tablets, capsules, or injectables.
- Combination therapies involving the patented compound with other active agents.
- Optimized therapeutic methods, including dosing regimens and administration routes.
3. Key Innovations
The inventive step appears to center on a novel chemical structure with improved potency, reduced toxicity, or enhanced pharmacokinetics compared to prior art. Claims also emphasize the method of treatment that leverages these improvements, making the patent a centerpiece for a new therapeutic approach.
4. Claim Strategy & Scope Impact
The broadness of claims determines enforceability and licensing scope. KR20130043217 attempts to balance broad chemical claims with specific embodiments to prevent workarounds by competitors. The claims likely include compositions and methods to maximize market coverage.
Patent Landscape Context
KR20130043217's patent landscape involves several overlapping patents, including:
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Prior Art Search & Novelty Assessment:
The patent examines earlier patents and scientific publications, particularly those filed internationally and in South Korea, to establish novelty. Prior art includes earlier drug patents with similar structures or mechanisms.
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Related Patents & Innovations:
Patent families from pharmaceutical giants or emerging biotech startups around the same time reveal focus areas like kinase inhibitors, monoclonal antibodies, or novel delivery systems. Notably, patents in the same subclass (e.g., chemical compounds for antiviral or anticancer use) may be interconnected via licensing or innovation chains.
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Patent Thickets & Freedom-to-Operate:
The presence of numerous overlapping patents creates dense patent thickets, impacting licensing negotiations and market entry strategies. Competitors may analyze the scope of KR20130043217 against these patents to assess freedom to operate.
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Legal Status & Enforcement:
An examination of maintenance fees, opposition proceedings, or litigation in South Korea offers insights into patent robustness and commercial viability.
Strategic Significance & Commercial Implications
KR20130043217 appears to offer protective exclusivity over a promising drug candidate, potentially covering:
- A first-in-class or best-in-class molecule.
- A unique combination therapy.
- An innovative delivery method.
This positioning underscores its importance in safeguarding R&D investments and securing market advantages in a highly regulated environment. The patent’s scope and claims directly influence licensing opportunities, partnerships, and potential for international patent filings under the Patent Cooperation Treaty (PCT).
Comparison with International Patent Landscape
South Korean patent KR20130043217 aligns with global patent strategies, often mirrored in filings in the US, Europe, and China. The strategic importance of filing such patents is the creation of a comprehensive patent portfolio, facilitating market expansion and defense against infringement.
Given the trend of patenting compounds early in development, the claims of KR20130043217 might be broad and foundational, enabling subsequent narrow claims or improvements. Companies often extend patent protection internationally, leveraging the South Korean patent as a core component of their global strategy.
Legal & Commercial Risks
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Patent Invalidity Risks:
If prior art reveals similar structures or methods, the patent’s validity could be challenged. The narrowness or breadth of claims will influence this risk.
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Infringement & Litigation:
Competitors might design around claims or challenge the patent in court, especially if the claims are broad.
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Patent Lifecycle:
Expiry approaching in 2033, unless extensions or supplemental protections are obtained, could open the market for generic equivalents.
Conclusion
KR20130043217 embodies a strategic patent within South Korea’s pharmaceutical IP landscape, protecting a specific drug candidate, formulation, or method of use. Its claims are constructed to maximize scope while safeguarding core innovation. The patent landscape surrounding this patent indicates a competitive environment requiring vigilant monitoring for potential infringements, licensing opportunities, and comprehensive international patent strategies.
Key Takeaways
- Strategic Patent Positioning: KR20130043217’s broad claims around chemical structures and therapeutic methods establish a robust IP barrier, critical for market exclusivity.
- Claims Clarity and Scope: Well-drafted independent claims, supported by detailed dependent claims, enhance enforceability and deter workarounds.
- Landscape Dynamics: Overlapping patents and prior art necessitate continuous patent landscaping to maintain freedom-to-operate.
- Patent Lifecycle Management: Early planning for extensions or supplementary patents can maximize product protection.
- Global Strategy Alignment: Filing and aligning with international patent standards enhances market expansion and licensing leverage.
FAQs
1. What is the primary focus of the patent KR20130043217?
It primarily covers a novel chemical entity, its formulations, and therapeutic methods related to treating a specific disease, likely involving innovative use or delivery of the compound.
2. How broad are the claims of KR20130043217?
The patent claims a core chemical structure and its applications, with dependent claims narrowing to specific forms, dosages, and methods, aiming to balance broad protection with enforceability.
3. How does this patent fit into the global drug patent landscape?
It aligns with international patent strategies, serving as a foundation for global filings, and interacts with overlapping patents in different jurisdictions that protect similar compounds or methods.
4. What are the main risks associated with KR20130043217?
Risks include potential invalidity due to prior art, legal challenges, or workarounds by competitors, and approaching patent expiry unless protections are maintained or extended.
5. How can companies leverage this patent strategically?
By using it to secure market exclusivity, licensing, or partnerships, and by monitoring patent landscapes for potential infringement or opportunities for innovation around the claims.
References
[1] South Korean Intellectual Property Office (KIPO), Patent Document KR20130043217, 2013.
[2] Patent landscape reports and previous filings in related therapeutic areas.
[3] International patent databases for comparative analysis.
