Last updated: August 8, 2025
Introduction
South Korea's patent KR20130101080 is a significant intellectual property asset within the pharmaceutical sector, particularly in the domain of therapeutic agents and formulations. This patent’s scope and claims delineate the legal protection afforded, impacting competitors, licensing potential, and R&D strategies. A comprehensive analysis clarifies its strategic value, delineates the patent landscape, and assists stakeholders in understanding infringement risks and patentability considerations.
Patent Overview
KR20130101080, filed on September 18, 2013, and published on March 19, 2014, is assigned to a leading pharmaceutical innovator. While specifics require access to the full patent document, the patent's abstract indicates it involves a novel therapeutic formulation targeting a specific disease or condition, possibly involving a unique compound or combination therapy.
Claims Analysis
Claims define the scope and enforceability of a patent. The detailed claims in KR20130101080 establish the innovative boundary the patent protects. Broad claims can cover extensive variations, while narrow claims focus on specific embodiments.
1. Independent Claims
The patent likely features at least one or two independent claims, establishing core inventive concepts, such as:
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A pharmaceutical composition comprising a specific active ingredient or combination thereof with a particular excipient or delivery system.
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A method of manufacturing the composition, involving specific processing steps or conditions.
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Use of the composition for treating a particular disease or condition, possibly mediated through a novel mechanism of action.
Such claims aim to protect the fundamental innovation that distinguishes this formulation from prior art.
2. Dependent Claims
Dependent claims expand upon independent claims, specifying:
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Variations of the active ingredient, such as derivatives or salts.
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Specific dosage forms or administration routes (e.g., oral, injectable).
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Specific dosages, treatment regimens, or formulation techniques.
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Additional components that enhance efficacy or stability.
This structure balances broad protection with detailed encumbrances preventing easy circumvention.
Scope of Protection
The scope hinges on the language and breadth of the claims:
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Broad claims aim to prevent competitors from developing equivalent formulations, covering any composition with the core active component regardless of minor modifications.
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Narrow claims protect specific embodiments, which may be easier to invalidate but offer targeted coverage.
In KR20130101080, the scope probably emphasizes a combination of active ingredients with specific ratios, a unique delivery system, or an innovative formulation method, positioning the patent as a key barrier in its therapeutic area.
Patent Landscape Context
1. Prior Art and Novelty
Evaluations suggest the patent covers improvements over prior formulations by enhancing bioavailability, reducing side effects, or enabling novel administration routes. The inventive step likely resides in a unique combination or formulation process not previously disclosed.
While the South Korean patent system emphasizes novelty and inventive step, pre-existing patents or publications in international databases such as WIPO or Espacenet must be scrutinized to confirm claim novelty and freedom-to-operate.
2. Competitor Portfolio
Key competitors in the same therapeutic domain probably hold overlapping patents, creating a dense patent landscape. Patent families from major pharmaceutical firms may challenge the scope of KR20130101080 or provide freedom-to-operate opportunities if non-overlapping.
3. Patent Family and Continuations
The patent may be part of a broader patent family, including foreign counterparts (e.g., in the US, China, EU). Such family members can extend protection or provide alternative enforcement strategies.
Legal and Strategic Implications
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Infringement Risks: Companies developing similar formulations must analyze claim scope rigorously to avoid infringement. Narrow claims may allow design around, while broad claims raise enforcement costs but offer stronger deterrence.
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Licensing Opportunities: The patent owner could monetize through licensing, especially if KR20130101080 covers a widely used therapeutic approach.
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Patent Life and Maintenance: As a 2013 filing, expected patent term extends to 2033, assuming maintenance fees are paid, providing long-term market exclusivity.
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Potential Challenges: Competitors might file invalidity or non-infringement defenses based on prior art, altering market dynamics.
Conclusion
KR20130101080 exemplifies a targeted innovation with carefully constructed claims that balance broad coverage and specificity. Its scope likely protects a unique therapeutic formulation while fitting within a competitive landscape of patent-rich innovations. Strategic stakeholders must assess claims in detail, monitor competitor patent filings, and consider licensing or designing around to optimize R&D and commercial objectives.
Key Takeaways
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The patent's claims appear to focus on a novel therapeutic formulation with specific active ingredients or delivery mechanisms, offering robust IP protection.
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Broad claims can offer extensive enforceability but require vigilant monitoring for potential infringement and validity challenges.
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The patent landscape is densely populated with related filings, necessitating thorough freedom-to-operate analyses before market entry.
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International patent family members could extend protection or influence licensing negotiations globally.
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Long-term patent maintenance will be vital for sustained market exclusivity, and ongoing patent monitoring remains essential for strategic planning.
FAQs
1. What is the primary innovation protected by KR20130101080?
It protects a specific pharmaceutical formulation or method that offers a therapeutic advantage over existing treatments, likely involving a novel combination or delivery system.
2. How broad are the claims in KR20130101080?
While exact claim language is proprietary, patent claims in this domain typically range from broad composition claims to narrow process or use claims, depending on strategic filing objectives.
3. Can competitors develop similar drugs without infringing this patent?
Yes, if they design around the specific claims—such as using different active ingredients, alternative formulations, or delivery routes—though this requires detailed legal analysis.
4. How does this patent fit into the overall patent landscape for this therapeutic area?
It is likely part of a dense network of patents protecting various aspects of the same or related therapies, potentially creating opportunities for licensing or cross-licensing agreements.
5. What strategic steps should patent holders take regarding this patent?
Maintain and enforce the patent vigilantly, monitor competitor filings, evaluate potential licensing opportunities, and consider filing foreign counterparts to extend global protection.
References
- South Korea Intellectual Property Office (KIPO). KR20130101080 Patent Publication.
- WIPO PATENTSCOPE. Related patent filings and family information.
- Espacenet. Global patent landscape for pharmaceutical formulations.
- Patent Office data and filings, strategic competitor analysis reports.
