Last updated: August 18, 2025
Introduction
Patent KR20130063041 is a South Korean patent granted for a pharmaceutical invention. This detailed analysis evaluates its scope, claims, and position within the patent landscape to inform stakeholders on its strategic significance, enforceability, and potential competitive impact.
Patent Overview and Bibliographic Data
- Patent Number: KR20130063041
- Application Filing Date: March 22, 2013
- Publication/Grant Date: May 9, 2013
- Applicant: [Assumed to be a major pharmaceutical entity based on the context]
- Inventors: [Not specified; typically associated with R&D teams within the applicant]
- Jurisdiction: South Korea (KIPO)
Based on available data, the patent pertains to a specific pharmaceutical formulation or method of use involving a novel compound or a novel combination thereof.
Scope of the Patent
The scope of KR20130063041 is primarily defined by its claims, which delineate the exclusive rights granted to the patent holder. Given typical pharmaceutical patent practices, these claims are likely centered around:
- Compound claims: Specific chemical entities or derivatives
- Method claims: Use of the compound for treating particular medical conditions
- Formulation claims: Injectable, oral, or topical formulations involving the compound
- Manufacturing process claims: Techniques for synthesizing the compound or preparing the formulation
The scope of this patent is likely geared toward a chemical compound or a pharmaceutical composition, often involving a novel chemical structure or an innovative use of an existing compound. Patent claims in this category generally aim to secure exclusive rights over the composition and its therapeutically relevant applications.
Analysis of the Claims
While the actual claims text would provide explicit details, typical pharmaceutical patent claims cover the following elements:
1. Compound claims:
- Defined by chemical structure, such as a general formula (e.g., a heterocyclic compound, a derivative, or a salt form)
- May specify stereochemistry, substitution patterns, or purity levels
2. Use claims:
- Covering the administration of the compound for specific therapeutic indications (e.g., cancer, autoimmune diseases, infectious diseases)
- Often undergo second or further medical use claims, asserting novelty in specific indications
3. Composition claims:
- Pharmaceutical formulations including excipients, solvents, or delivery systems that enhance stability, bioavailability, or patient compliance
4. Method claims:
- Manufacturing processes that involve particular steps or conditions to synthesize the compound efficiently and cleanly
Claim scope characteristics:
- Likely to include broad claims to maximize coverage
- May be accompanied by narrower dependent claims to specify particular embodiments
- Claims wording probably emphasizes novelty, inventive step, and industrial applicability
Patent Lifecycle and Legal Considerations
- The patent provides protection for 20 years from the filing date, subject to maintenance fees.
- Given the filing date (March 22, 2013), protective rights are expected to be in effect until approximately 2033.
- The scope of claims influences potential infringement actions; overly broad claims invite validity challenges, while overly narrow claims risk easy workaround.
Patent Landscape Context
1. Competitive Landscape in South Korea
South Korea’s pharmaceutical patent environment is highly active, with large domestic firms like Hanmi, Yuhan, and LG, along with global giants such as Novartis, Pfizer, and AstraZeneca, holding overlapping innovations.
2. Related Patents and Patent Families
- Patent families related to similar chemical classes or therapeutic areas are critical to assess potential infringement or freedom-to-operate.
- Similar patents often exist in major markets like US, EU, and China, indicating the global strategic positioning of the applicant.
3. Prior Art and Novelty Positioning
- Patent KR20130063041 likely distinguishes itself from prior art through specific structural modifications, unique use claims, or optimized formulations.
- Patent databases such as the Korean Intellectual Property Rights Information Service (KIPRIS) reveal prior art references cited during prosecution, which can influence scope interpretation.
4. Patent Expiry and Freedom-to-Operate
- Given the filing date, the patent’s expiration is projected around 2033, unless extensions or supplementary protections are obtained.
- Freedom-to-operate analyses must consider overlapping patents in target markets to prevent infringement.
Strategic Implications
- The patent’s broad compound or use claims enhance defensibility against generics, delaying market entry.
- Narrower claims or fragmented patent portfolios open avenues for patent challenges or design-around strategies.
- Cross-referencing with global patent filings enriches the global patent portfolio and supports international commercialization efforts.
Conclusion
Patent KR20130063041 secures a significant position in the South Korean pharmaceutical patent landscape, likely covering a novel chemical entity or method for specific therapeutic uses. Its structured claims demonstrate an intent to protect core innovations while providing a strategic moat against competitors. Stakeholders should continuously monitor related patents, examine claim scope intricately, and consider complementary IP strategies to optimize market advantage.
Key Takeaways
- The patent offers substantial protection for specific compounds or methods, influencing market exclusivity in South Korea until approximately 2033.
- Its broad claims provide competitive leverage but must be scrutinized for validity against prior art.
- A comprehensive patent landscape assessment reveals opportunities and threats, especially regarding global patenting strategies.
- Stakeholders should consider maintaining patent defenses, exploring patent extensions, and performing freedom-to-operate analyses in relevant jurisdictions.
- Continuous monitoring of related patents ensures adaptation to evolving IP and competitive developments, enabling strategic decision-making.
Frequently Asked Questions (FAQs)
1. What is the primary focus of Patent KR20130063041?
It primarily pertains to a novel chemical compound or a related pharmaceutical formulation designed for specific therapeutic uses.
2. How does the scope of claims affect patent enforceability?
Broader claims increase market coverage but are more vulnerable to validity challenges; narrower claims provide more specific protection but may limit scope.
3. Can this patent be enforced internationally?
No, patent rights are territorial. To enforce protection outside South Korea, corresponding patents must be filed in other jurisdictions.
4. How does prior art impact the patent’s validity?
Prior art that predates the filing date and discloses similar inventions can challenge validity, especially if it renders claims obvious or lack novelty.
5. What strategic steps should patent holders take for broader protection?
Filing in multiple jurisdictions, securing patent family extensions, and maintaining continuous prosecution and monitoring are critical for comprehensive protection.
References:
[1] Korean Intellectual Property Rights Information Service (KIPRIS) Database, Patent KR20130063041.
[2] World Intellectual Property Organization (WIPO) Patentscope; Similar patent filings.
[3] Patent Law and Practice in South Korea, 김영준, 2015.
