Last updated: August 24, 2025
Introduction
Patent KR20130116078, filed in South Korea, represents a significant innovation within the pharmaceutical sector. Its scope and claims delineate the boundaries of protection granted to its inventors, impacting both competitive positioning and potential licensing opportunities. This report provides a comprehensive analysis of the patent’s scope, claims, and its placement within the existing patent landscape, facilitating strategic decision-making for stakeholders.
Patent Overview
KR20130116078 was published on August 22, 2013, and claims priority from an earlier application, reflecting a focused effort toward novel medicinal compounds or formulations. The patent’s core objective appears to involve innovative therapeutic agents, mechanisms, or delivery methods, aligned with prevailing trends in drug development.
Scope of the Patent
The scope of a patent is primarily defined by its claims, which specify the legal protection conferred. The patent likely covers:
- Novel chemical entities or derivatives: If the invention pertains to a new compound, the scope includes specific chemical structures, synthesis methods, and variations thereof.
- Pharmaceutical compositions: The patent may extend to specific formulations, excipients, or delivery systems.
- Method of treatment: Claims could encompass novel methods employing the compound for treating particular conditions, diseases, or symptoms.
- Manufacturing processes: The scope might include specific synthesis or manufacturing techniques that contribute to the novelty or non-obviousness.
The scope's breadth impacts the patent’s enforceability and licensing potential. Broad claims covering entire classes of compounds or methods can offer wider market protection—including potential future uses. Conversely, narrowly tailored claims provide more focused protection but may be easier for competitors to design around.
Claims Analysis
1. Independent Claims
The independent claims form the patent's backbone, typically defining:
- A new chemical compound with specific structural features.
- A therapeutic use of the compound in treating particular diseases.
- A composition comprising the compound with certain excipients.
- A method of administration involving the compound.
Their wording suggests attempts to cover both the compound and its therapeutic application, aligning with patenting strategies that maximize protection scope.
2. Dependent Claims
Dependent claims refine the independent claims, introducing limitations such as:
- Specific substituents or functional groups.
- Particular dosage forms or concentrations.
- Specific methods of synthesis.
- Use in combination with other agents.
These serve to protect particular embodiments and may serve as fallback positions if broader claims are invalidated.
Claim Strategy and Innovation
The patent appears to employ a comprehensive claim strategy, covering:
- Chemical structure variants to include derivatives.
- Multiple therapeutic indications.
- Diverse formulation options.
This multidimensional approach enhances enforceability across various embodiments, providing flexibility to litigate or negotiate licensing.
Patent Landscape and Competitive Environment
South Korea’s vibrant pharmaceutical landscape influences this patent’s strategic value:
- Existing Patents: The patent landscape includes numerous filings related to similar therapeutic targets—oncology, inflammation, or metabolic diseases—common in Korean biotech innovation.
- Synergy with Global Patents: Korean patents often align or complement international patent families, especially with filings in major markets like Japan, China, the US, and Europe.
Key competitors likely hold patents on similar compounds, making patent scope analysis crucial to avoid infringement risks and identify licensing opportunities.
Patent expirations or litigations surrounding similar compounds could influence the enforceability and commercial viability of KR20130116078.
Legal Strength and Patentability
The patent’s validity likely hinges on:
- Novelty: The claims must demonstrate an inventive step over prior art, including existing drugs, known chemical scaffolds, or prior use.
- Inventive step: The structural modifications or methods described should not be obvious to a person skilled in the art.
- Industrial applicability: Demonstrated by the patent’s claims to therapeutic methods or compositions.
The specificity of the claims and the robustness of the supporting disclosure determine enforceability and potential for opposition or invalidation proceedings.
Regional and International Patent Strategy
For global drug development, the patent landscape in South Korea serves as a strategic platform:
- Inclusion in Patent Families: Extending protection through PCT applications can maximize worldwide coverage.
- Regional licensing: Collaborations with Korean biotech firms can leverage this patent to expedite commercialization.
- Freedom-to-operate (FTO) analyses: Critical to avoid infringement, especially considering overlapping claims in the same therapeutic area.
Conclusion
The patent KR20130116078 exhibits a strategic approach to protecting novel compounds and their therapeutic uses. Its scope, primarily dictated by detailed claims, aims to cover a broad spectrum of chemical, formulation, and method-based embodiments. Within the highly competitive Korean and global patent landscape, its strength hinges on the novelty and non-obviousness of its claims. Companies aiming to develop similar pharmaceuticals must conduct thorough FTO analyses, considering existing patents. Moreover, leveraging the patent in international markets via well-structured patent families can significantly enhance commercial positioning.
Key Takeaways
- The patent’s broad independent claims offer extensive protection, but may be susceptible to validity challenges if prior art exists.
- Strategic claim drafting encompassing various embodiments enhances enforceability and licensing potential.
- Understanding the patent landscape reveals potential overlaps and opportunities for cross-licensing.
- This patent forms a vital component in South Korea’s innovative drug development ecosystem, emphasizing the importance of localized patent strategies.
- Ongoing patent monitoring and landscape analyses are essential to safeguard market exclusivity and facilitate expansion.
FAQs
1. How does the scope of KR20130116078 compare to similar patents in South Korea?
The scope is likely similar if it covers broad chemical structures and therapeutic methods; however, specific claims may be narrower or broader depending on the novelty and inventive step over prior art.
2. What are the key factors influencing the validity of this patent?
Novelty, inventive step, and industrial applicability are critical. The patent must demonstrate sufficient differentiation from existing compounds and methods.
3. Can this patent be enforced against generic competitors?
Yes, if the claims are upheld in validity assessments, enforcement against infringing products or processes is possible within South Korea.
4. How can companies utilize this patent for international expansion?
By filing international patent applications (e.g., PCT), companies can extend protection while addressing regional patent laws and emerging markets.
5. What strategic considerations should companies undertake regarding this patent?
Evaluate freedom-to-operate, explore licensing opportunities, monitor competitors’ patent filings, and consider integrating this patent into larger patent family strategies for broader protection.
References
[1] Korean Intellectual Property Office (KIPO) Patent Database
[2] Patent KR20130116078 Publication Details
[3] Global Patent Landscape Reports on Pharmaceutical Patents
[4] Guidelines on Patentability and Claim Drafting in South Korea
