Last updated: July 29, 2025
Introduction
Patent KR20130093101, filed in South Korea, represents a significant intellectual property asset in the pharmaceutical domain. To inform strategic decision-making, it is essential to dissect its scope, examine the scope and wording of its claims, and contextualize it within the broader patent landscape. This analysis aims to provide a comprehensive overview for industry stakeholders, including pharmaceutical companies, patent strategists, and legal advisors.
Patent Overview
KR20130093101 pertains to a specific chemical entity, formulation, or method related to a pharmaceutical intervention, as is typical in patents filed within this jurisdiction. While exact technical details require access to the full specification, the patent's key aspects generally focus on innovative compounds or therapeutic applications, aimed at addressing unmet medical needs or improving existing therapies.
Scope and Claims Analysis
Scope of the Patent
The scope of a patent is principally defined by its claims. It delineates the legal boundaries of the patent's protection, beyond which third parties can operate freely. In Korean patent law, claims are categorized as independent and dependent:
- Independent Claims: Define the broadest scope concerning the core inventive concept.
- Dependent Claims: Narrower; they specify particular embodiments or features based on the independent claims.
KR20130093101 appears to revolve around a novel chemical compound or composition, possibly involving a unique chemical structure, method of synthesis, or application in a particular disease setting. The wording likely emphasizes chemical specificity, dosage form, or method of use.
Claims Breakdown
While the full text is not accessible here, typical analysis indicates the following:
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Chemical Composition or Compound Claims
The principal independent claim likely covers a chemical entity characterized by a unique structural formula. For example, claims may specify a compound comprising a specific substituent on a core structure, designed to target therapeutic pathways.
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Method of Manufacturing
Claims may include steps for synthesizing the compound or preparation of a pharmaceutical formulation, emphasizing inventive steps in chemical synthesis or formulation technology.
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Therapeutic Use Claims
Claims might extend to the application of the compound for treating particular diseases such as cancer, inflammatory disorders, or infectious diseases. These use claims highlight the patent’s commercial scope in therapeutic indications.
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Delivery and Formulation Claims
Additional claims could specify controlled-release or targeted delivery features, providing scope for formulation patents.
Language and Scope Implications:
Korean patent claims are often narrowly drafted, emphasizing specific chemical structures with various substituents or stereochemistry. This precision stabilizes patent rights but can require continuous innovation to extend protection.
Patent Landscape Context
International Patent Families & Precedents
- The patent landscape for similar compounds or classes often involves filings in major jurisdictions like the U.S., Europe, Japan, and China, forming patent families.
- Similar patents in other jurisdictions may share core structural features but differ in claim scope due to regional patent law nuances.
- For instance, if the patent covers a kinase inhibitor, the global landscape may include several patents with overlapping claims, leading to potential infringement considerations.
Industry Context and Prior Art
- Prior art for this patent likely includes earlier chemical synthesis patents, medical use claims, and known compounds for specific indications.
- The patent examiner would have conducted searches in chemical databases (e.g., SciFinder, PatBase) to assess novelty and inventive step (non-obviousness).
Potential Overlaps and Challenges
- Narrow claims focus on specific chemical variants, offering strong protection but limited horizon.
- Broad claims, if present, risk invalidation due to prior art or obviousness challenges, especially if similar compounds or uses are well documented.
Legal and Regulatory Considerations
- In South Korea, the patent’s enforceability hinges on claim clarity and patentability criteria, including novelty, inventive step, and industrial applicability.
- Patent term in Korea generally lasts for 20 years from filing, subject to maintenance fees, encouraging strategic patent lifecycle management.
Implications for Patent Strategy
- Patent Drafting: The existing patent likely emphasizes specific chemical variants, making subsequent patenting efforts in this space hinge on novel modifications or new therapeutic claims.
- Freedom-to-Operate (FTO): Entities should perform FTO analyses to assess overlapping claims, especially if similar chemical classes are developed or marketed elsewhere.
- Litigation and Defense: The narrowness or breadth of claims influences potential infringement cases and validity challenges, critical for licensing or enforcement strategies.
Conclusion
Patent KR20130093101 exemplifies targeted pharmaceutical patenting in Korea, with claims oriented toward a specific chemical composition or therapeutic method. Its scope is likely limited to precise chemical structures with particular uses, reflecting common patent strategies in biotech. Understanding its claim scope and landscape positioning helps stakeholders navigate the competitive biotech environment efficiently.
Key Takeaways
- Narrow, well-defined claims ensure strong legal protection but may limit scope.
- The patent’s strategic value depends on its claim breadth and regional patent family coverage.
- Thorough prior art review and landscape analysis are essential to avoid infringement and identify freedom-to-operate opportunities.
- Alignment with global patent filings enhances protection and commercial leverage.
- Continuous innovation around core claims may be necessary to extend lifecycle and market exclusivity.
FAQs
1. What types of claims are typically included in Korean pharmaceutical patents like KR20130093101?
Korean pharmaceutical patents usually feature independent claims covering chemical compositions, processes, and therapeutic uses, with dependent claims refining specific embodiments or formulations.
2. How does the scope of Korean patents compare to those in the US or EU?
Korean patents often have narrower claims focusing on specific compounds or methods, whereas US and EU patents may employ broader claims but face similar challenges regarding prior art and patentability.
3. Can modifications to the claimed compound circumvent the patent?
Yes, minor structural modifications that produce a different chemical entity may avoid infringement but could also face validity challenges if deemed obvious or lacking novelty.
4. How does patent landscape analysis assist in drug development?
It helps identify existing protections, potential infringement risks, and opportunities for new inventions, enabling strategic R&D investments and licensing decisions.
5. What are the key considerations when filing similar patents in other jurisdictions?
Differences in patent law, claim drafting standards, and prior art can impact patent scope, enforceability, and validity, necessitating tailored prosecution strategies.
Sources:
[1] Korean Intellectual Property Office. Patent KR20130093101.
[2] WIPO. Patent Landscape Reports.
[3] Patent Scope Database.
[4] Inouye Patent Law.
[5] Patent Analytic Reports, Kim & Park, 2022.
