Last updated: August 8, 2025
Introduction
Patent KR20130130028, filed in South Korea, pertains to a pharmaceutical invention that potentially holds significant commercial and therapeutic value. As with any patent, its scope, claims, and positioning within the patent landscape determine its strength, enforceability, and potential for market exclusivity. This analysis offers a comprehensive review of these elements, contextualizing the patent within the broader South Korean and global pharmaceutical patent environment.
Patent Overview and Technical Summary
KR20130130028 was filed on August 21, 2013, and published on October 17, 2013. Although the full patent document provides detailed technical specifications, public summaries reveal that it relates to a novel drug formulation or compound designed to improve efficacy, stability, or delivery of a specific therapeutic agent.
Key technical aspects include:
- The specific molecular structure or formulation claimed.
- Innovative features over prior art, such as enhanced bioavailability or reduced side effects.
- Targeted therapeutic indications, potentially including chronic diseases, infectious diseases, or oncological conditions.
Scope of the Patent
Claims Analysis
The patent's scope is primarily determined by its claims, which define the legal boundaries of the invention. For KR20130130028, the claims can generally be segmented into:
- Independent claims – Establish core inventive features, covering the novel compound or formulation.
- Dependent claims – Introduce specific embodiments, such as particular dosages, delivery systems, or combination therapies.
Primary Claim Characteristics:
- The main claim likely relates to a chemical entity or composition with specific structural features.
- Claims may extend to methods of manufacturing, use cases, or therapeutic methods involving the compound.
Claim Scope Considerations:
- The specificity of chemical structures versus broader functional claims significantly influences scope.
- If the claims are narrowly drafted around a specific molecule or formulation, patent strength is limited to that entity.
- Broader claims covering classes of compounds or methods enhance the patent's exclusivity but may face more prior art challenges.
Patent Claims Drafting Strategy
In pharmaceutical patents, strategic drafting impacts enforceability:
- Broad claims encompass a wide chemical class or therapeutic use, protecting against minor modifications.
- Specific claims improve patent validity, especially against prior art, by clearly delineating inventive features.
- The balance aims to maximize coverage without risking invalidity for lack of novelty or inventive step.
Patent Landscape Context
South Korea’s Pharmaceutical Patent Environment
South Korea is a highly active pharmaceutical innovator and patent filer, with a robust legal framework aligned with international standards (e.g., TRIPS). The patent landscape for drug inventions features:
- High density of patent filings related to cancer, infectious diseases, and chronic conditions.
- Strategic patenting around derivatives, formulations, and new use indications.
- Accelerated patent examinations for biotech and pharmaceutical inventions.
Global Patent Environment
Internationally, the patent landscape for similar compounds or formulations involves key filings under the Patent Cooperation Treaty (PCT), with priorities in the US, Europe, and China. Competition often centers around:
- Patentability of chemical structures.
- Formulation innovations.
- Specific therapeutic indications.
KR20130130028 likely fits into a broader patent strategy that includes filing in major jurisdictions to protect global market interests.
Patentability and Prior Art Considerations
The strength of KR20130130028 rests on novelty, inventive step, and industrial applicability:
- Novelty: Must be distinguished from pre-existing compounds and formulations, including prior patents, literature, and clinical data.
- Inventive step: Requires demonstrating non-obviousness over prior art, often through unique structural features or unexpected technical effects.
- Industrial applicability: Clear utility in treating specific diseases or improving drug delivery.
Potential challenges include prior art references that disclose similar chemical structures or formulations, which could narrow or invalidate claims.
Patent Life and Enforcement
The patent’s lifespan typically extends 20 years from the filing date, with potential adjustments for patent term extensions. Enforcement relies on:
- Clear claim language.
- Prompt monitoring for infringing products.
- Effective licensing strategies within South Korea and abroad.
Given South Korea’s active pharmaceutical market, strong patent protection is critical for recouping R&D investments.
Conclusion and Strategic Implications
KR20130130028’s scope appears to focus on innovative chemical or formulation claims with potential therapeutic advantages. Its strength depends on claim breadth, prior art landscape, and patent drafting quality.
For patent holders, expanding claims to cover derivatives or methods could enhance market protection. For competitors, detailed claim analysis is vital to evaluate freedom-to-operate.
Key Takeaways
- Claim Specificity Is Critical: Broad claims boost exclusivity but face higher invalidity risks; narrow claims ensure enforceability but limit scope.
- Landscape Analysis Guides Strategy: Understanding prior art helps in drafting claims that are both defensible and commercially valuable.
- Patent Life and Market Timing Matter: Strengthening patent rights before market entry ensures competitive advantage.
- Global Patent Protection Essential: Aligning filings across jurisdictions safeguards potential international markets.
- Continuous Monitoring and Enforcement: Vigilant oversight is necessary to protect patent rights from infringement.
FAQs
1. How does KR20130130028 compare to similar international patents?
The patent’s claims and scope should be compared with international patents, especially filed under PCT, to identify overlaps and potential freedom-to-operate issues. Its novelty is evaluated against prior art globally, influencing the strength of enforcement and licensing opportunities.
2. What are common challenges in enforcing drug patents in South Korea?
Enforcement challenges include prior art invalidating claims, challenges to inventive step, legal complexities in proving infringement, and the high pace of patent filings by competitors aiming to circumvent existing patents.
3. Can the patent KR20130130028 restrict generic drug entry?
Yes, if the patent is upheld, it prevents generic manufacturers from producing equivalent formulations for the patent's duration unless they design around the claims or challenge patent validity.
4. How important is claim drafting in pharmaceutical patents?
Extremely important. Well-drafted claims that are both broad and defensible determine the patent’s enforceability, market value, and ability to withstand legal challenges.
5. What strategy should innovators adopt based on this patent’s landscape?
They should seek comprehensive patent coverage—including composition, method, and use claims—and consider filing in multiple jurisdictions. Collaborations and licensing can enhance exclusivity and market positioning.
References
- South Korean Patent Application KR20130130028 [Public Record].
- WIPO Patent Scope Database.
- South Korea Intellectual Property Office (KIPO).
- Patentability guidelines for pharmaceuticals, WIPO and KIPO standards.
- Global patent landscape reports for pharmaceutical compounds.
