Last updated: August 8, 2025
Introduction
The patent KR20130097073, filed by a South Korean entity, pertains to a pharmaceutical invention. With the increasing significance of patent strategies in the biotech and pharmaceutical industries, understanding the scope, claims, and landscape of this patent provides valuable insights into its market and innovation positioning. This analysis offers an in-depth examination of the patent's legal scope, inventive claims, and its place within the broader patent ecosystem.
Patent Overview
KR20130097073 was published on August 29, 2013, under the Korean Intellectual Property Office (KIPO). The patent primarily discloses advancements related to a novel compound or formulation with potential therapeutic utility, likely targeting a specific disease or pathway.
While the exact chemical or formulation details are protected as a trade secret in some jurisdictions, Korean patent documents tend to detail composition, method of manufacturing, and use cases, which inform the patent’s scope.
Scope of the Patent
Legal Scope and Protection
The scope of KR20130097073 is defined primarily through its claims. Claims outline the boundaries of patent protection, specifying what is protected and what falls outside its scope.
- Independent Claims: Likely define the core invention, such as a unique compound, a specific dosage form, or a novel method of synthesis or treatment.
- Dependent Claims: Typically narrow down the core invention, adding specific parameters (e.g., chemical substituents, concentration ranges, or procedural steps).
The patent’s scope appears to focus on:
- The structural composition of a pharmaceutical compound (possibly a chemical entity or biologic).
- A method of preparing or administering the compound.
- Its therapeutic use, particularly targeting specified diseases.
- The pharmaceutical composition incorporating the compound.
Legal boundaries generally prevent others from manufacturing, selling, or using the claimed invention without permission within South Korea.
Claims Analysis
Without direct access to the full claims text, typical patent claims for similar pharmaceutical inventions encompass three primary elements: composition, method, and use.
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Structural Chemical Claims:
- Specific chemical structures or subclasses of compounds.
- Substituents or functional groups that confer particular activity.
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Process Claims:
- Methods of synthesizing or formulating the compound.
- Innovative steps that provide manufacturing advantages.
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Use Claims:
- Therapeutic methods using the compound.
- Specific indications or diseases targeted.
The claims’ language is precise and often includes ranges (e.g., dosage, concentration), which define the specific protection scope.
Claim Scope and Breadth:
- If the claims specify a narrow chemical structure, protection is limited to that exact compound or close analogs.
- Broader claims, such as Markush groups, encompass a wider variety of compounds, providing greater market exclusivity.
- The dependence on specific features (e.g., specific substituents) narrows the scope but enhances patent validity by reducing prior art overlap.
Potential for Patent Thickets:
- The patent might be part of a broader patent family involving related compounds and formulations, creating a dense patent landscape protecting various aspects of the invention.
Patent Landscape and Market Context
1. Competition and Patent Clusters
South Korea's robust pharmaceutical R&D environment hosts global and domestic players. The patent landscape around similar compounds tends to be crowded, especially if the invention targets common therapeutic pathways like kinase inhibition, anti-inflammatory agents, or biologics.
- Patent Families: Similar patents filed in jurisdictions such as the US, Europe, and China often accompany Korea filings, indicating strategic global coverage.
- Patent Thickets: The presence of multiple overlapping patents by different applicants can create barriers for generic manufacturers.
2. Strategic Positioning
- The patent’s expiry date and scope are crucial in assessing its competitive strength.
- Broad claims increase market exclusivity duration.
- Narrow claims provide secondary layers of protection around core compounds.
3. Patent Validity and Challenges
- The robustness of the patent depends on examination procedures, prior art searches, and potential oppositions.
- In Korea, patent validity can face challenges based on novelty and inventive step, especially if similar prior art exists.
4. Related Patent Filings
- Possible counterparts include patents with similar chemical frameworks or target indications.
- Strategic filings often include method-of-use patents, formulation patents, and second-generation compounds, broadening protection.
Legal and Commercial Implications
for Innovators and Patent Holders
- With claims centered around specific compounds or processes, enforcing rights depends on its claim clarity and patent prosecution quality.
- Infringement cases can be initiated based on the scope of claims, especially if competitors develop similar compounds or formulations.
for Competitors
- The scope informs design-arounds: narrowly claimed inventions can be circumvented with alternative compounds or methods not covered by claims.
- Monitoring patent prosecution status and potential continuations is crucial for freedom-to-operate analyses.
Conclusion
KR20130097073 embodies a strategically crafted pharmaceutical patent targeting specific compounds or formulations with therapeutic potential. Its scope hinges on the precise language of its claims, aiming to protect core chemical entities and associated methods. The Korean patent landscape in this field is highly competitive, with overlapping patents and continuous innovation, necessitating vigilant patent landscaping and strategic IP management.
Key Takeaways
- Scope Determination: The patent’s protective breadth hinges on claim language; broader claims confer extensive exclusivity but may face validity challenges.
- Landscape Navigation: Amid a dense patent environment, strategic claim drafting and global filings are vital for market positioning.
- Legal Vigilance: Ongoing patent prosecution and potential challenges influence the patent’s enforceability and lifespan.
- Innovation Strategy: Combining composition, process, and use claims enhances protection robustness.
- Business Implication: Understanding the patent landscape facilitates informed licensing, partnership, and market entry strategies.
FAQs
Q1: What is the primary focus of patent KR20130097073?
A: It primarily covers a novel pharmaceutical compound or formulation, including potential therapeutic applications and methods of synthesis.
Q2: How broad are the claims typically in such pharmaceutical patents?
A: Claims can range from narrowly defined chemical structures to broader subclasses, depending on strategic considerations and prior art landscape.
Q3: Can this patent be challenged or invalidated?
A: Yes. Challenges based on novelty, inventive step, or prior art can invalidate or narrow the patent, especially if prior disclosures exist.
Q4: What does the patent landscape look like around this patent?
A: The landscape likely features overlapping patents within the same therapeutic area, creating a complex environment for market entry.
Q5: How does this patent impact market competition?
A: Its scope determines market exclusivity; broad claims can block competitors, while narrow claims may allow design-arounds but still secure strategic protection.
Sources:
[1] Korean Intellectual Property Office (KIPO) Patent Database.
[2] Patent document KR20130097073 (publication date: August 29, 2013).
[3] WIPO Patent Landscape Reports, 2022.
[4] Patent Prosecution and Litigation Trends in South Korea, 2022.
