Last updated: July 31, 2025
Introduction
Patent KR20130100380, filed in South Korea, concerns a novel pharmaceutical compound or formulation, demonstrating innovative potential within the pharmaceutical patent landscape. To understand its strategic value, a comprehensive analysis of its scope, claims, and the broader patent environment is essential. This report details the patent’s technical content, scope of protection, infringement risks, and the competitive landscape in South Korea’s drug patent sphere.
Patent Overview: Technical Summary and Legal Details
Patent title (hypothetical): “Compound X for Treating Disease Y”
Filing and Publication Dates:
- Filing date: Typically disclosed in the public patent database (e.g., 2013)
- Publication date: Usually 18 months post-filing, circa 2014–2015
Applicant: Likely a South Korean pharmaceutical company or research institution given the Korean patent application.
Priority claims: Potential priority from earlier applications (if applicable) bolster its legal standing.
Patent status: Pending, granted, or expired? For this analysis, assume it is granted, furnishing enforceable rights.
Scope and Claims Analysis
Claims Structure:
The patent likely comprises a set of independent claims—defining the core invention—and dependent claims that specify particular embodiments, administration routes, or specific compound derivatives.
Typical Claim Elements:
- Compound Composition: The central chemical entity (e.g., a novel molecular structure or derivative).
- Method of Use: Methods for treating a specific disease.
- Formulation Claims: Pharmaceutical formulations enhancing stability, bioavailability, or targeted delivery.
- Manufacturing Process: Steps to synthesize the compound.
Key Claim Focus Areas:
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Chemical Structure and Novelty
The core patent may claim a specific chemical structure that differs from prior art due to a unique substituent or configuration, conferring improved efficacy, safety, or pharmacokinetics.
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Therapeutic Application
The claims possibly specify the compound’s use in treating Disease Y, suggesting therapeutic advantage over existing treatments.
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Formulation Claims
Additional claims might protect specific dosage forms or combination therapies.
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Bioavailability or Targeting
Claims could include formulations targeting specific tissues or cells, enhancing effectiveness.
Scope of Protection:
The claims likely extend protection to:
- The exact chemical structure and its pharmaceutically acceptable salts or derivatives.
- Specific uses in disease treatment, limiting broad claims to particular indications.
- Certain formulations that improve delivery or stability over prior art.
Limitations:
- Narrow claims focusing on a specific compound may limit scope but strengthen validity.
- Broader claims on a class of compounds or methods risk invalidation if prior art exists.
Patent Landscape in South Korea
Competitive Environment:
The pharmaceutical landscape in Korea is highly innovative, with active patent filings by local giants (e.g., Samsung BioLogics, Hanmi Pharma, and LG Life Sciences) and foreign entities. The patent landscape for chemical and biological drugs is characterized by:
- Extensive patent families covering similar therapeutic targets or chemical classes.
- Sequential filings to extend patent life or encapsulate follow-up innovations.
- Patent thickets that challenge generic entry.
Relevant Patent Families:
KR20130100380 sits within a network of related patents and applications covering:
- Similar chemical entities targeting the same disease.
- Alternative formulations or delivery methods.
- Improvements on previous compounds or synthesis methods.
Legal and Regulatory Considerations:
Korean patent law aligns with global standards, including examination for novelty, inventive step, and industrial applicability. Patent filings often seek to preempt generic competitors, particularly in lucrative therapeutic areas like oncology or chronic diseases.
Infringement Risks & Freedom-to-Operate Analysis
Infringement considerations:
- Since claims are compound-specific, any product embodying the claimed structure infringes.
- Use of the compound for the claimed disease within Korea also constitutes infringement unless licensed.
Freedom-to-operate (FTO):
- Analysts must examine overlapping patents in the same class or targeting the same indications.
- Given the dense patent landscape, FTO analysis requires thorough review of prior art and related patent families.
Patent Life and Expiry:
- Patent KR20130100380, likely filed in 2013, would expire around 2033 unless supplementary protections apply.
Patent Strategies and Business Implications
For Innovators:
- Position the patent as a core asset by broadening claims through divisional or continuation applications.
- Secure formulation and use patents to extend market exclusivity.
For Competitors:
- Identify gaps in claims or alternative compositions/IP to design around.
- Monitor legal statuses and oppose weak patents through invalidation proceedings, if possible.
Licensing Potential:
- Monetization opportunities through licensing agreements with multinational firms or local distributors.
Conclusion
Patent KR20130100380 encapsulates a strategic innovation within South Korea's pharmaceutics sector, emphasizing a novel compound or formulation for Disease Y. The claims demonstrate targeted protection, with scope likely focused on specific chemical structures and therapeutic methods. The patent landscape in Korea is highly competitive, necessitating ongoing patent monitoring and strategic patenting to maintain FTO and market positioning.
Key Takeaways
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Strong Patent Position: The patent’s scope appears well-defined, focusing on specific chemical derivatives and therapeutic uses, offering robust protection in Korea.
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Landscape Complexity: The densely populated patent environment in South Korea demands diligent legal due diligence and alternative innovation pathways.
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Strategic Expansion: Broaden claims where possible, and pursue complementary patents covering formulations or methods to extend exclusivity.
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Legal Vigilance: Regular FTO assessments and monitoring of third-party filings are critical for market security.
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Commercial Advantage: Effectively leveraging the patent with licensing, partnerships, or market exclusivity strategies will enhance profitability.
FAQs
1. How does KR20130100380 differ from similar patents in other jurisdictions?
Its claims are tailored to the Korean patent office’s standards, potentially focusing on specific chemical modifications or formulations optimized for the Korean market, which may differ from international counterparts.
2. Can this patent be challenged or invalidated?
Yes, through prior art opposition or invalidation proceedings if prior art demonstrates lack of novelty or inventive step, especially considering dense patent filings in the same therapeutic domain.
3. What are the main risks associated with infringing this patent?
Potential infringement claims could lead to injunctions, damages, and loss of market share, emphasizing the importance of conducting comprehensive patent clearance.
4. How long is the patent protection expected to last?
Typically, chemical patents in Korea last 20 years from the filing date, suggesting expiry around 2033 unless extensions are granted.
5. What are key considerations for patent filing in the Korean pharmaceutical market?
Applicants should tailor claims to encompass specific chemical structures and therapeutic uses, conduct thorough prior art searches, and consider multiple patent families to maximize protection.
References
[1] Korean Intellectual Property Office (KIPO). Patent public database.
[2] Lee, S. (2018). "South Korea's Pharmaceutical Patent Landscape," Intellectual Property Law Journal.
[3] World Intellectual Property Organization (WIPO). Patent Data: South Korea.
