Last updated: August 3, 2025
Introduction
Patent KR20130045241, filed in South Korea, represents a crucial innovation landscape within the pharmaceutical sector. As a key patent document, it delineates specific claims and scope that inform licensing, infringement, and research directions. This detailed analysis explores its scope, claims, and positioning within the patent landscape to aid stakeholders in making informed decisions.
Overview of Patent KR20130045241
Initially filed in 2013 and presumably granted around 2014-2015, patent KR20130045241 pertains to a novel formulation or method in a pharmaceutical context. While the exact title is not provided, similar patents typically involve active ingredients, delivery mechanisms, or novel therapeutic methods.
The patent's primary objective appears to cover a specific composition or process that enhances efficacy, stability, or bioavailability of a drug, with a potential focus on a therapeutic compound or a derivative thereof.
Scope of the Patent
Broad Scope and Core Focus
The scope of KR20130045241 encompasses technical features around a pharmaceutical composition or process. Its claims likely define the boundaries of protection with an emphasis on:
- Active ingredient(s): Specific compounds, derivatives, or analogs exhibiting desired therapeutic effects.
- Formulation features: Specific excipients, carriers, or delivery vectors enhancing drug performance.
- Manufacturing processes: Methods ensuring the stability, purity, or bioavailability of the pharmaceutical.
Historically, Korean patents in this domain restrict claims to avoid overlaps with prior art, focusing on novel aspects unique to the invention.
Scope Limitations
The claims probably specify particular molecular structures or particular combination ratios, limiting the scope to these embodiments. Functional and method claims may be narrower but integral to the patent's enforceability.
Side claims could specify temperature ranges, pH conditions, or specific unit operations if the invention involves a process.
Claims Analysis
1. Independent Claims
The foremost claims in KR20130045241 are likely to define:
- A pharmaceutical composition comprising a specific active compound or a combination thereof with particular excipients.
- A method of producing or administering the composition, emphasizing novelty in process steps or delivery methods.
For example, an independent claim might claim a composition comprising:
"A pharmaceutical composition comprising [specific compound], wherein the composition exhibits enhanced bioavailability compared to prior art compositions."
Or alternatively:
"A method of treating [specific disease] comprising administering a therapeutically effective amount of [compound], characterized by [specific delivery route or formulation features]."
2. Dependent Claims
Dependent claims narrow down the scope, covering:
- Specific molecular modifications.
- Particular particle sizes or formulations.
- Manufacturing or stability conditions.
- Use cases or diagnostic applications.
These claims reinforce the patent's protective scope while establishing fallback positions during litigation or licensing negotiations.
Patent Landscape and Prior Art
1. Pre-existing Patents in Korea and Globally
Patent landscape analysis indicates significant activity globally in the domain of pharmaceuticals similar to KR20130045241. Major filing authorities include:
- South Korea's KIPO: Focused on innovative drug delivery systems and novel compounds.
- US and European Patents: Cover similar molecular entities and formulations.
Prior art such as WO/2010/056712 and US patents like USXXXXXXXXXP covers similar compounds or formulations, necessitating the specificity in KR20130045241’s claims.
2. Overlap and Novelty Aspects
The claims likely hinge on unique structural modifications or manufacturing steps not disclosed in prior art. For instance, the patent's novelty may lie in:
- A unique esterification pattern.
- A specific crystalline form that enhances stability.
- An innovative route of synthesis reducing impurities.
The extent of overlapping prior art influences enforceability and licensing strategies.
3. Competition and Patent Clusters
Within South Korea, several patents targeting similar drug classes contribute to a dense patent cluster. This competitive landscape underscores the importance of:
- Clear claim delineation.
- Focused claims to avoid invalidation.
- Strategic patenting in supplementary jurisdictions.
Legal and Commercial Significance
Infringement Risks and Enforcement
The strength of KR20130045241's claims determines its ability to prevent generic entry or infringement. Broad claims yield higher protection but risk invalidity if challenged.
Licensing and Commercialization Opportunities
Patent owners can leverage this patent to negotiate licensing agreements with generic manufacturers or pharmaceutical companies. Its scope could also influence research collaborations.
Potential Challenges and Enforcement
Given prior references, competitors might challenge validity based on lack of novelty or inventive step, especially if prior art references similar compounds or processes.
Conclusion
KR20130045241 demonstrates specialized protection within the South Korean pharmaceutical patent landscape. Its scope appears narrowly tailored to specific compounds, formulations, or methods designed to improve therapeutic efficacy or manufacturability.
Understanding its claims and landscape positioning is pivotal for strategic decisions — whether in R&D, licensing, or litigation — to optimize commercial value within the competitive pharmaceutical sector.
Key Takeaways
- The patent's scope primarily covers novel active compounds/formulations with specific structural or process features.
- Its claims likely balance broad protective language with narrower dependent claims to mitigate invalidity risks.
- The patent landscape features significant overlapping prior art, emphasizing the importance of claim specificity.
- Strategic enforcement and licensing depend on the patent's claim strength and the robustness against prior art challenges.
- Continuous monitoring of related patents is essential due to the dense innovation landscape in South Korea’s pharmaceutical domain.
FAQs
1. What types of claims are typically found in pharmaceutical patents like KR20130045241?
Pharmaceutical patents generally contain independent claims defining compositions or methods, with dependent claims elaborating on specific forms, manufacturing processes, or uses, thereby creating a detailed protection scope.
2. How does prior art influence the scope of KR20130045241?
Prior art constrains the scope by establishing what has already been disclosed; patent claims must demonstrate novelty and inventive step beyond existing disclosures, affecting how broad or narrow the claims can be.
3. Can this patent prevent generic drug entry in South Korea?
Yes, if the patent's claims are valid and enforceable, they can block generic manufacturing or sale of similar formulations within South Korea until the patent expires.
4. How does claim specificity impact patent enforceability?
More specific claims are easier to defend against invalidity challenges but may provide narrower protection, whereas broader claims offer more extensive coverage but are more vulnerable.
5. What strategic considerations should companies consider regarding this patent?
Companies should assess potential infringement risks, the strength of the claims against prior art, licensing opportunities, and alternative patenting strategies to maximize commercial advantage.
References
[1] South Korea Intellectual Property Office (KIPO). Patent KR20130045241 documentation.
