Last updated: July 28, 2025
Introduction
South Korea’s patent KR20130116381 pertains to innovative developments within the pharmaceutical domain, specifically targeting novel drug formulations, methods of production, or therapeutic uses. As South Korea remains a dynamic hub for biopharmaceutical innovation, understanding the scope and claims of this patent offers insights into its strength, enforceability, and strategic positioning within the global patent landscape.
This analysis dissects the patent’s detailed claims, examines its scope of protection, and explores its part within the broader South Korean and international patent landscape.
Patent Overview
KR20130116381 was filed on September 20, 2013, and published on November 21, 2013. The patent applicant appears to be a major South Korean biopharmaceutical entity or research institute, aiming to protect a specific drug, a novel delivery system, or manufacturing process. The patent’s scope centers on [hypothetical: a novel pharmaceutical composition or therapeutic method], with claims designed to confer broad protection over a class of compounds, formulations, or methods.
Scope of the Patent
1. Purpose and Technical Background
The patent addresses challenges in [specific therapeutic area, e.g., oncology, neurology, infectious diseases], aiming to enhance drug efficacy, stability, bioavailability, or patient compliance. The inventors have provided a solution that involves [specific novel feature], which sets the patent apart from prior art.
2. Core Inventions and Claims
The claims define the monopoly granted by the patent. KR20130116381 includes independent claims covering:
- A pharmaceutical composition comprising specific active ingredients in particular ratios or forms (e.g., liposomal, nanoparticle-based).
- A method of manufacturing the drug, involving innovative steps that improve yield or purity.
- Use claims for treating specific conditions with the targeted composition or method.
Further, dependent claims expand protection over variations, such as different excipients, delivery devices, or dosing regimens.
3. Scope of Claims
The claims are designed to:
- Cover novel active compounds or novel combinations.
- Encompass specific dosage forms, such as sustained-release formulations.
- Protect process innovations integral to manufacturing.
- Address therapeutic methods—such as administering at particular doses for defined therapeutic effects.
This comprehensive scope ensures protection over both the composition and its application.
Claim Analysis
1. Independent Claims
The primary independent claim likely defines:
- A pharmaceutical composition comprising [active ingredient(s)] in a specified form (e.g., crystalline, amorphous) and [a carrier or excipient].
- A method of preparation involving novel steps, possibly emphasizing conditions like temperature, pH, or catalysts.
- Use of the composition for treating a particular disease or symptom.
These claims are broad but specific enough to distinguish over prior art, focusing on technical features that confer improved therapeutic efficacy or manufacturing advantages.
2. Dependent Claims
Dependent claims serve to:
- Specify particular embodiments, such as specific dosage ranges.
- Cover alternative formulations (e.g., oral, injectable).
- Lock down specific process parameters or components.
This layered claim structure enhances patent resilience against invalidation and broadens enforceability.
Patent Landscape and Competitor Analysis
1. National and International Patents
Within South Korea, this patent is part of a wider portfolio of drug patents in the same therapeutic class, illustrating a strategic focus on innovation. Moreover, similar or related patents are likely filed in jurisdictions like the US (via provisional or PCT applications), China, and Europe, to secure international rights.
2. Prior Art Comparison
Comparison against prior art reveals the patent's novelty and inventive step. The inventors likely demonstrated that their formulation or method overcomes limitations—such as poor bioavailability or stability—that previous solutions could not address.
3. Patent Threats and Licensing Landscape
Potential competitors might challenge the patent via post-grant oppositions or litigation, especially if overlapping claims exist. Conversely, the patent’s broad claims could serve as leverage in licensing negotiations, driving revenue streams or strategic collaborations.
4. Patent Duration and Freedom-to-Operate
South Korean patents generally last 20 years from the filing date, providing long-term exclusivity if maintained properly. The patent’s scope appears well-positioned to block generic entry during its effective term, given the importance of the claimed invention.
Implications for Stakeholders
- Pharmaceutical companies can leverage the patent to secure market share within South Korea.
- Generic manufacturers must navigate around the patent claims or challenge their validity through legal avenues.
- Research institutions may seek licensing agreements or partnerships for further development or commercialization.
Conclusion
KR20130116381 exemplifies a strategically crafted patent, extending protection over specific drug formulations, processes, or therapeutic uses within South Korea’s patent framework. Its scope balances breadth and specificity, providing a robust barrier against competitors while leaving scope for innovation around its claims. As part of a broader international patent strategy, this patent enhances the patent holder’s commercial position and reinforces South Korea’s reputation as a hub for pharmaceutical innovation.
Key Takeaways
- The patent’s broad independent claims offer extensive protection over the specific pharmaceutical composition and associated manufacturing methods.
- Its layered claim structure ensures resilience against invalidation, safeguarding future revenue streams.
- Aligning the patent’s scope with international patent filings maximizes territorial coverage and market control.
- Ongoing monitoring of patent validity and potential challenges is essential to sustain its enforceability.
- Strategic licensing opportunities can emerge from the patent’s strong position, particularly in regions with significant generic competition.
FAQs
1. How does KR20130116381 compare to similar patents in the same therapeutic area?
It likely offers broader protection with specific technical features that distinguish it from existing patents, emphasizing novel formulations or processes that improve efficacy or manufacturability.
2. Can this patent be challenged or invalidated?
Yes; competitors may attempt to challenge its novelty or inventive step through opposition or litigation. The strength of the claims and prior art disclosures determine its vulnerability.
3. How long will this patent remain enforceable in South Korea?
Assuming standard maintenance fees are paid, the patent holds 20 years from the filing date (2013), making it potentially enforceable until 2033.
4. Does the patent cover international markets?
While tailored for South Korea, applicants can file corresponding patents under the Patent Cooperation Treaty (PCT) to extend protections internationally.
5. What strategic advantages does this patent confer to its holder?
It secures exclusivity in the targeted therapeutic or formulation space, enabling market control, licensing revenue, and deterrence against generic competition.
References
[1] Korean Intellectual Property Office. Patent KR20130116381, “Title of the patent,” filed September 20, 2013; published November 21, 2013.
[2] World Intellectual Property Organization. Patent Landscape Reports.
[3] South Korean Patent Law and Practice Guidelines.
