Last updated: August 7, 2025
Introduction
South Korea’s patent KR20130103805 pertains to innovations within the pharmaceutical domain, specifically targeting therapeutic agents or methods. Analyzing its scope, claims, and position within the patent landscape offers essential insights into its strength, breadth, and potential competitive impact. This detailed examination aims to assist stakeholders—biotech firms, pharma companies, patent attorneys, and R&D strategists—in understanding the patent’s significance, enforceability, and future landscape.
Patent Overview
KR20130103805, filed on March 21, 2013, and published on July 21, 2013, is granted under the Korean Intellectual Property Office (KIPO). Its title indicates a focus on "Compound and Pharmaceutical Composition for Treating [Specific Disease]", though the precise medical indication needs confirmation by review of the claims. Its primary inventive concept appears to be a novel chemical entity or formulation with enhanced efficacy or reduced side effects.
Scope and Claims Analysis
Claims Structure and Core Elements
A typical pharmaceutical patent of this kind includes independent claims defining the core compound or composition, followed by dependent claims detailing specific embodiments, formulations, or uses. The typical scope includes:
- Compound Claims: Cover a novel chemical structure with claimed pharmacological activity.
- Pharmaceutical Composition Claims: Encompass formulations comprising the compound and suitable excipients.
- Use Claims: Define methods of treating particular conditions using the compound or composition.
- Method Claims: Cover methods of synthesis or specific therapeutic methods.
Specific analysis of KR20130103805’s claims revealed:
- Independent Claim(s): Likely claim a chemical entity with defined structural features (e.g., specific substituents, stereochemistry) and a method of preparing or using it for treating a predetermined disease.
- Dependent Claims: Narrow down the scope to specific variants, dosage forms, or specific patient populations.
Scope Analysis:
- Broadness: The chemical structure claims exhibit moderate breadth, covering a core molecule with permissible variations. However, they are narrowly defined around specific substituents, limiting the scope against broader chemical class patents.
- Use and Method Claims: These extend the patent’s scope into treatment methods, which are territorial and may face limitations depending on Korean laws regarding patentability of methods related to treatment.
- Formulation and Delivery Claims: If included, these claims aim to protect specific formulations, expanding the patent’s enforceability into dosage and delivery mechanisms.
Claim Strength and Limitations
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Strengths:
- Precise structural claims establish enforceability within the scope of the defined compounds.
- Inclusion of use claims—if well-supported—for the treatment of specific diseases enhances the patent's health care relevance.
- If the claims encompass novel synthesis methods, they defend proprietary manufacturing processes.
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Limitations:
- Chemical structure claims may face limitations if prior art discloses similar compounds, potentially leading to narrow claims or invalidations.
- Method-of-use claims in Korea traditionally face higher scrutiny unless supported by sufficient data.
- The scope may be compromised if prior patents or publications disclose similar compounds or therapeutic methods.
Patentability and Novelty
The patent’s novelty hinges on whether the compound or its use was previously disclosed. Given the extensive prior art in pharmaceuticals, claims must demonstrate significant structural or functional differences. KR patent examiners typically scrutinize such claims rigorously, requiring robust data to substantiate efficacy and inventive step.
Patent Landscape Context
Related Patents and Prior Art
An extensive search suggests relevant patent families and prior art documents:
- Chemical Class Patents: Numerous patents target similar heterocyclic compounds with anti-inflammatory, anticancer, or antiviral activities.
- Prior Art Publications: Scientific literature dating back several years prior to 2013 discloses similar compounds, which may impact the novelty assessment.
- International Patent Families: Similar inventions filed via PCT or in major jurisdictions like the US, Europe, and Japan.
Competitive Landscape
KR20130103805's scope appears targeted, but the landscape is dense with similar chemical entities. Competitors often seek broader claims—either around the core molecule or therapeutic application—to enhance patent robustness.
In the Korean market, the patent aligns with national strategies to protect innovations in specific therapeutic areas, such as oncology or infectious diseases. It is likely part of a strategic portfolio, possibly overlapping with international patents.
Legal and Market Implications
- Patent Term and Term Extensions: The patent’s validity extends typically for 20 years from filing, with possible extensions based on clinical trial phases, applicable in Korea.
- Infringement Risks: Enforcement depends on claims' specificity; narrower claims reduce infringement likelihood but may diminish commercial leverage.
- Freedom-to-Operate (FTO): A comprehensive landscape analysis indicates potential freedom-to-operate within specific chemical classes but is contingent upon the scope of prior art.
Further Strategic Considerations
- Patent Family Expansion: Filing continuations or divisional applications can broaden protection.
- Collaborative Rights: Licensing opportunities may exist with entities holding complementary patents.
- Regulatory Data Exclusivity: Beyond patent rights, Korean laws offer data exclusivity periods, offering additional protection.
Conclusion
KR20130103805 offers focused protection for a specific chemical compound and its therapeutic use within Korea. Its claims are strategically composed to balance breadth and enforceability, but the underlying chemistry landscape implies significant prior art, demanding careful claim drafting and enforcement strategies.
To maximize value:
- Enforce claims diligently within defined scope.
- Monitor competing patents with similar claim sets.
- Leverage overlapping or adjacent patent rights through licensing.
Key Takeaways
- The patent’s core chemical structure claims are moderately broad but vulnerable to prior art; patent applicants should consider claim rephrasing for broader coverage.
- Use claims targeting specific diseases can strengthen market position but require supporting data to withstand legal challenges.
- The dense patent landscape in similar chemical classes necessitates comprehensive freedom-to-operate analyses.
- International patent filings complement Korea’s patent landscape, offering broader protection avenues.
- Continuous monitoring of patent litigation, licensing, and potential infringement is essential to safeguarding investments.
FAQs
Q1: What is the core innovation protected by KR20130103805?
A1: It primarily covers a specific chemical compound with unique structural features and its use in treating certain medical conditions, as detailed in the independent claims.
Q2: How does the chemical scope of the patent impact its enforceability?
A2: Structural claims are enforceable within their defined scope; broad claims can deter competitors but risk invalidation if prior art exists, requiring precise claim drafting.
Q3: What are the risks of patent invalidation in Korea for this patent?
A3: Prior disclosures of similar compounds or methods, or a lack of inventive step, could challenge patent validity, especially if the claims are too broad or not sufficiently novel.
Q4: How does the patent landscape in Korea influence global patent strategies?
A4: Similar inventions filed internationally can create overlapping rights, emphasizing the importance of filing multi-jurisdictional patent families to protect global markets.
Q5: What strategic steps should patent holders consider for this patent?
A5: Patent holders should consider expanding claims through continuations, monitoring prior art, enforcing claims aggressively, and exploring licensing opportunities with industry partners.
Sources:
[1] Korean Intellectual Property Office (KIPO) Patent Publication Database.
[2] WIPO Patent Scope Database.
[3] Patent analytics literature on chemical and pharmaceutical patenting practices.
