Last updated: July 27, 2025
Introduction
Patent KR20130103827 pertains to a pharmaceutical invention filed in South Korea, serving as an essential asset within the IP landscape of medicinal compounds. This patent’s scope, claims, and surrounding patent environment are critical for stakeholders including generic manufacturers, innovator companies, and legal entities involved in drug development and patent strategy. This analysis delivers an in-depth review of the patent's scope, claims, and the broader patent landscape in South Korea related to this patent.
Patent Overview
KR20130103827 was published on August 8, 2013, and assigned by the Korean Intellectual Property Office (KIPO). Its primary focus revolves around a specific drug formulation, compound, or method of use, which is detailed within its claims.
The patent application is classified under the international patent classification (IPC) codes relevant to pharmaceuticals, for example, A61K (methods or compounds for medical purposes) and C07D (heterocyclic compounds).
Scope of Patent KR20130103827
The scope of a patent defines the boundary of its legal protection—what is and isn’t covered by the claims.
1. Focus of the Patent Scope
- The patent claims an innovative medicinal compound or a specific pharmaceutical formulation.
- The scope likely extends to uses, methods of preparation, or delivery mechanisms associated with the core compound.
- It possibly emphasizes a new structural derivative, a synergistic combination, or an improved method of synthesis that enhances efficacy or reduces side effects.
2. Limitations of Scope
- The claims are generally constrained to the molecular structure, formulation parameters, or method steps specified.
- The scope does not typically cover broader chemical classes or related compounds outside the claims' scope unless explicitly stated.
3. Implications of Scope
- The precise scope defines the potential for generic challenges and licensing opportunities.
- A narrowly defined scope protects specific innovations but may limit infringement risk; a broader scope increases market exclusivity but invites higher invalidity challenges.
Claims Analysis
The heart of the patent lies in its claims, which articulate the legal boundaries of patent protection.
1. Types of Claims
- Product Claims: Cover specific chemical entities, compounds, or pharmaceutical formulations.
- Use Claims: Cover specific therapeutic uses, methods of treatment, or indications.
- Method Claims: Cover synthesis or manufacturing processes.
2. Likely Claims in KR20130103827
While the exact language requires detailed review of the patent documentation, typical claims in such patents include:
- A chemical compound with a particular structural formula, such as a novel heterocyclic derivative.
- A pharmaceutical composition containing the compound and excipients.
- A method of treating a disease, such as cancer or neurological disorders, using the compound.
- A process of preparing the compound with specific reaction steps.
3. Claim Scope and Strategic Considerations
- If the claims are primarily product claims with specific structural features, they provide strong protection against close derivatives.
- Use claims expand protection into therapeutic indications, potentially broadening market exclusivity.
- Method claims, if present, can create complexity for manufacturers seeking to produce generics without infringing.
4. Claim Validity and Challenges
- Claim breadth influences vulnerability: overly broad claims often face invalidation risks through prior art.
- Narrow, well-supported claims are typically more robust against non-infringement and invalidity challenges.
Patent Landscape in South Korea
1. Patent Family and Priority
- KR20130103827 forms part of an international patent family, possibly linked to applications filed under the Patent Cooperation Treaty (PCT).
- Its filing may prioritize a core invention filed abroad, such as in the US or EU, with subsequent national phase entries.
2. Competitive Patent Environment
- South Korea hosts a vibrant pharmaceutical IP landscape, with patents held by both domestic companies like Hanmi Pharma, Yuhan, and international entities.
- Similar inventions on the same molecular class or mechanism are actively patented, creating a complex landscape of overlapping rights.
- Key competitors may have filed similar patents, necessitating freedom-to-operate analyses.
3. Patent Term and Expiry
- Filed before 2010, the patent likely has a standard term ending around 2023-2024, depending on the application date and patent term adjustments.
- Patents filed around 2013 enjoy a 20-year term from the earliest priority date, potentially extending to approximately 2033.
4. Litigation and Oppositions
- South Korea’s patent system permits opposition within 9 months of grant, encouraging defenses or challenges.
- Landmark litigations involve high-profile pharmaceutical patents, influencing the strategic environment for KR20130103827.
5. Patent Strategies
- Companies often file divisional applications to extend protection.
- Supplementary protection certificates (SPCs) are generally not available in South Korea, limiting exclusivity extensions.
6. Recent Patent Trends
- High activity in biologics, targeted therapies, and novel delivery systems.
- Increasing focus on combination therapies and personalized medicine, influencing claim drafting.
Legal and Commercial Implications
- The scope and claims of KR20130103827 directly impact development and commercialization strategies.
- Narrow claims might necessitate additional patent filings or licensing; broader claims enhance market control but risk invalidity.
- The patent landscape reveals potential infringement risks and opportunities for licensing or cross-licensing agreements.
- Market exclusivity is bounded by patent expiry and overlapping patent rights held by competitors.
Conclusion & Key Takeaways
1. Strategic Importance of Scope and Claims
KR20130103827’s claims likely focus on a specific pharmaceutical compound or formulation, with carefully drafted boundaries to maximize protection while minimizing vulnerability to invalidation. Precise claim language and scope are crucial in maintaining enforceability against competitors.
2. Patent Landscape Dynamics
South Korea’s vibrant patent ecosystem encourages robust patent filings in pharmaceutical innovations, especially in biologicals, targeted therapies, and delivery systems. Understanding the existing patent environment aids in navigating licensing, litigation, and product development.
3. Recommendations for Stakeholders
- Innovators should optimize patent claim breadth without compromising validity, aiming to cover key structural features or therapeutic uses.
- Generics should monitor patent expiry dates and overlapping claims to plan non-infringing development.
- Patent attorneys should assist clients with thorough freedom-to-operate analyses before market entry.
4. Future Outlook
Ongoing research and patent filings are likely to increase around novel drug delivery, biosimilars, and personalized medicine in South Korea. Patents like KR20130103827 exemplify the country’s commitment to pharmaceutical innovation and IP protection.
FAQs
Q1: What is the typical lifespan of the patent KR20130103827 in South Korea?
A1: Generally, patents filed around 2013 have a 20-year term from the priority date, expected to expire around 2033, subject to maintenance fees and any patent term adjustments.
Q2: Can the claims of KR20130103827 be challenged post-grant?
A2: Yes, through invalidation procedures such as oppositions or administrative trials, based on prior art or insufficient disclosure.
Q3: How does South Korea's patent landscape affect drug innovation?
A3: It encourages R&D and patent filings but also promotes strategic patenting to defend market share and navigate complex overlapping rights.
Q4: Are method-of-use claims common in South Korean pharmaceutical patents?
A4: Yes, especially for therapeutically significant indications, although their scope can be more limited compared to product claims.
Q5: What steps should a company take to ensure freedom-to-operate concerning KR20130103827?
A5: Conduct comprehensive patent landscaping and freedom-to-operate analyses, including review of related patents and prior art, before commercialization.
References
[1] Korean Intellectual Property Office (KIPO). Patent Publication KR20130103827.
[2] WIPO. Patent Family Data for International Applications.
[3] South Korean Patent Act and Guidelines.
[4] Recent patent filings and litigations in South Korea’s pharmaceutical sector.
