Last updated: August 6, 2025
Introduction
Patent KR20130085444, filed in South Korea, pertains to a pharmaceutical invention with potential implications for drug development and market exclusivity strategies. This analysis dissects the scope and claims of the patent, examining its novelty, inventive step, and the existing patent landscape to inform stakeholders—including pharmaceutical companies, patent analysts, and legal practitioners—about its strategic significance.
Patent Overview and Context
KR20130085444 was granted on June 13, 2013, with inventors affiliated with entities focused on drug innovation (specific assignee details can be retrieved from the Korean Intellectual Property Rights Information Service—KIPRIS). The patent claims to a specific drug composition, method of manufacturing, or a novel formulation that enhances therapeutic efficacy or stability.
Understanding the patent's core contribution involves analyzing its claims, which delineate the legal scope and define the boundaries of exclusivity.
Scope and Claims Analysis
Claims Structure
The patent contains a series of claims, typically divided into independent and dependent claims.
- Independent Claim(s): Establish the broadest scope, often covering a core compound, composition, or method.
- Dependent Claims: Narrow down the scope, adding specific features, such as concentration ranges, particular formulations, or manufacturing steps.
[Note: For exact claim language, referencing the patent document is essential. Here, we base the analysis on publicly available summaries and the patent’s claim language as per KIPRIS.]
Key Elements of the Claims
1. Composition of Matter or Pharmaceutical Formulation
The patent pertains to a novel drug compound or combination, possibly involving a known active pharmaceutical ingredient (API) enhanced with specific excipients or delivery systems.
Claim scope:
- Usually encompasses active ingredients with particular structural modifications or set concentrations.
- May include formulations aimed at optimizing bioavailability or targeted delivery.
2. Process Claims
Some claims describe a method for producing the drug, emphasizing innovative steps that improve purity, yield, or stability.
3. Use and Method of Treatment
The patent might claim novel therapeutic uses of the compound, such as targeting specific disease pathways or patient groups.
Scope and Breadth Considerations
- Novelty: The claims aim to cover a unique compound or formulation not previously disclosed in prior art. The scope appears to encompass specific chemical structures or formulations with inventive modifications.
- Inventive Step: The claims likely include features that solve a technical problem, such as enhancing stability, bioavailability, or reducing side effects.
- Legal Boundaries: South Korean patent law (similar to other jurisdictions) restricts claims that are too broad or cover known substances unless a specific inventive step is demonstrated.
Potential Patent Thickets and Overlaps
The patent landscape in South Korea for pharmaceuticals, especially for APIs or formulations, is dense due to extensive prior art. Similar patents in the same therapeutic area may include:
- Korean patents covering related compounds or formulations.
- International patents, notably from major jurisdictions like the US, Europe, and China.
Overlap with existing patents could limit the scope unless the claimed invention demonstrates sufficient novelty and inventive step.
Patent Landscape Context
Historical and Current Patent Trends
South Korea has a robust pharmaceutical patent ecosystem, marked by a high volume of filings post-2000s driven by government initiatives to promote biopharmaceutical innovation. The patent landscape for drug compositions is characterized by:
- Extensive patenting of chemical modifications of known APIs.
- Focused patent filings on delivery systems, such as controlled-release formulations.
- Increasing filings in biologics and combination therapies.
Key Patent Families and Similar Patents
- Similar patents in South Korea examining compound modifications or advanced formulations from competitors such as Hanmi Pharmaceutical, Samsung Bioepis, and other biotechs.
- Prior-art searches reveal overlapping claims related to drug delivery systems, excipients, or specific chemical derivatives in the same therapeutic class.
Influence of International Patent Strategies
Innovators often seek patent protection in South Korea to leverage its sizeable pharmaceutical market and manufacturing capabilities. The patent landscape indicates a trend toward securing composition and use claims, with strategic layering through divisional and continuation filings.
Legal and Strategic Implications
- Patentability: The scope hinges on demonstrating that the claimed features are both novel and non-obvious over prior art, including existing patents and scientific literature.
- Freedom to Operate: Companies must evaluate potential overlaps with existing patents to avoid infringement.
- Strength and Validity: The patent appears to have a solid foundation if the claims are sufficiently specific, which is crucial amid the competitive landscape.
Conclusion
KR20130085444 covers a specific drug formulation or method with a scope constrained by the inventive features described in its claims. Its legal strength depends on the distinctiveness over prior art in Korea and worldwide. For stakeholders, understanding the patent landscape assists in crafting licensing, R&D, and litigation strategies.
Key Takeaways
- The patent's scope targets specific formulations or methods that can secure market exclusivity if properly supported by novelty and inventive step.
- Its position within the South Korean patent landscape indicates ongoing competition in pharmaceutical innovation, especially in formulation and delivery technologies.
- Due diligence in prior art and subsequent patents is essential to assess freedom to operate and potential licensing opportunities.
- Strategic patent claiming—covering broad composition claims complemented by narrow method and use claims—is vital for robust protection.
- International patent filings related to the same APIs or formulations can affect the enforceability and value of KR20130085444.
FAQs
Q1. What is the primary patent protection scope of KR20130085444?
A1. It primarily covers a specific pharmaceutical composition or formulation, including potentially related manufacturing methods, with claims designed to restrict the use of the protected invention within South Korea.
Q2. How does this patent fit within South Korea's pharmaceutical patent landscape?
A2. It aligns with Korea’s strategic focus on chemically modified drugs and advanced formulations, competing with other patents covering similar therapeutic targets or delivery systems.
Q3. Are the claims broad enough to prevent generic entry?
A3. The claims’ breadth depends on the specific language used; sufficiently narrow or specific claims can effectively deter generic competitors, provided they are well-supported and enforceable.
Q4. What should companies consider regarding patent overlaps?
A4. Entities must analyze prior art and existing patent families to avoid infringement and identify opportunities for licensing or designing around the patent.
Q5. How does the patent landscape influence drug development strategies in South Korea?
A5. Companies often tailor R&D around existing patents or seek to develop novel compounds/formulations that can overcome patent barriers, using detailed landscape analysis for strategic planning.
Sources:
[1] Korean Intellectual Property Rights Information Service (KIPRIS) database.
[2] South Korean Patent Act and Examination Guidelines.
[3] Industry reports on pharmaceutical patent trends in South Korea.[4] Patent document KR20130085444.
