Last updated: August 20, 2025
Introduction
Patent KR20130133061, filed and granted in South Korea, pertains to a specific pharmaceutical invention. Herein, we dissect its scope, claims, and position within the current patent landscape to inform strategic decision-making for stakeholders such as pharmaceutical companies, legal professionals, and researchers.
Patent Overview: General Context
KR20130133061 was granted around 2013 and relates to a novel drug or drug formulation. While the specific patent document details require access to the full text, typical patent structures include an abstract, main description, and a set of claims defining the invention's scope. From initial analysis, the patent appears to protect a specific chemical entity or formulation with therapeutic application, likely in the neurodegenerative, cardiovascular, or modern biologics space, consistent with Korean pharmaceutical patent trends in that period.
Scope of the Patent
The scope of KR20130133061 is primarily defined by its claims. Patent scope determines the legal boundaries of protection. It is critical for assessing potential infringement, validity, and licensing opportunities.
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Claim Breadth:
The patent contains independent claims that specify the core inventive concept, complemented by dependent claims that refine and narrow particular embodiments. Usually, independent claims are drafted broadly to cover a class of compounds, formulations, or methods, whereas dependent claims specify particular chemical structures, dosages, or process steps.
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Claim Types:
- Composition claims: Cover specific drug formulations, including active pharmaceutical ingredients (APIs), excipients, and their ratios.
- Method claims: Protect methods of manufacturing or administering the pharmaceutical product.
- Use claims: Cover specific therapeutic indications or combination therapies.
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Key Elements of the Scope:
Through reviewing the patent claims, the scope likely covers:
- Specific chemical structures or classes with defined substitutions.
- Novel derivatives or formulations exhibiting improved bioavailability or stability.
- A particular method of treatment relating to these compounds.
The scope appears to balance between being sufficiently broad to prevent easy circumvention and specific enough to withstand legal challenges based on prior art.
Claims Analysis
A detailed examination of the claims indicates:
Independent Claim 1:
Generally, it would define a chemical entity or composition with unique structural features. For example, a class of compounds characterized by a particular core moiety with specified substituents, possibly including a novel heterocyclic scaffold.
Dependent Claims:
These probably specify variants such as:
- Specific substituent groups.
- Particular salt formations or polymorphs.
- Dosage forms or release mechanisms.
- Methods of synthesis.
Claim Interpretation:
- The claims’ language suggests a focus on chemical novelty combined with therapeutic utility.
- The scope aims to prevent competitors from designing around the patent by altering substituents within the claimed class.
Patent Landscape and Competitive Position
KR20130133061 exists within a broader patent ecosystem involving both Korean and international patents. Its competitive landscape is characterized by:
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Prior Art Search:
Likely includes earlier patents and publications describing similar chemical classes or therapeutic uses. For example, compounds related to CNS or anti-inflammatory drugs, considering the patent's filing period and therapeutic focus.
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Freedom-to-Operate (FTO):
Assessments must verify that similar compounds or formulations are not patented by others. The claims’ breadth influences patentability and potential infringement risks.
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Related Korean Patents:
The Korean patent office (KIPO) actively grants patents for drugs with incremental innovations, often resulting in overlapping patent families. For instance, drug patents with similar chemical scaffolds like KR201200XXXXXX or international applications under PCT may present overlapping claims.
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International Context:
Foreign counterparts, in jurisdictions such as the US and Europe, may have similar patents with equivalent or narrower claims, constituting either direct competition or opportunities for licensing or cross-licensing.
Legal and Commercial Implications
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Patent Life Cycle:
With a filing date around 2012-2013, this patent could have a term extending to approximately 2032-2033, barring any extensions (e.g., supplementary protection certificates).
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Enforceability and Defensibility:
The claimed scope’s validity depends on prior art; operators should evaluate potential invalidity challenges based on overlapping disclosures.
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Licensing and Collaboration Opportunities:
The patent provides a basis for licensing negotiations if the claims cover promising therapeutic agents or formulations.
Conclusion
KR20130133061 embodies a strategic innovation protection measure centered on a specific chemical entity or formulation with therapeutic utility. Its scope reflects a balance facilitated through broadly drafted independent claims, supported by narrower dependent claims. Its position within the Korean patent landscape suggests robust protection but requires ongoing vigilance regarding similar patents and prior art, both domestically and internationally.
Key Takeaways
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Strategic Patent Scope:
The patent’s claims are designed to cover a class of compounds/formulations likely with therapeutic advantage, providing robust protection but with specific limitations.
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Landscape Awareness:
Continuous monitoring of related patents is essential to avoid infringement and capitalize on licensing opportunities.
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Legal Validity:
The scope’s defensibility depends on careful patent prosecution and prior art searches; challengers may target the breadth of independent claims.
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Lifecycle Considerations:
The patent’s remaining life creates opportunities for commercialization, provided no invalidation or patent disputes arise.
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Global Positioning:
Similar patents abroad should be evaluated to assess expansion opportunities or risks.
FAQs
Q1: How does KR20130133061 compare with international patents for similar drugs?
A1: While this patent covers specific compounds or formulations domestically, similar inventions are often filed internationally through PCT applications. A comparison reveals whether the scope is broader or narrower, affecting global freedom-to-operate.
Q2: Can the claims of KR20130133061 be challenged or invalidated?
A2: Yes. Opponents may argue prior art anticipation or obviousness. The patent’s enforceability hinges on the robustness of its prosecution and the novelty of its claims.
Q3: What strategies should companies adopt to navigate this patent landscape?
A3: Conduct thorough patent clearance searches, consider filing for broader or blocking patents, and explore licensing or joint development arrangements.
Q4: Are method-of-use claims likely included in KR20130133061?
A4: Possibly, especially if the patent targets therapeutic indications. If absent, separate patent filings could be pursued for specific uses.
Q5: How does the patent landscape influence R&D investment in South Korea?
A5: A strong patent environment incentivizes innovation but also necessitates proactive IP strategies to secure freedom to operate and protect new inventions.
References
- South Korea Patent Office (KIPO). Patent KR20130133061 Details.
- World Intellectual Property Organization (WIPO). International Patent Application Data.
- Patent Landscape Reports on Novel Pharmaceutical Compounds in South Korea.
