Last updated: July 29, 2025
Introduction
South Korea's patent KR20130135026, granted in 2013, pertains to a novel pharmaceutical compound or formulation, potentially related to therapeutic agents, drug delivery systems, or chemical compositions. This patent's scope and claims define its territorial breadth and enforceable rights, positioning it within the competitive pharmaceutical patent landscape. A thorough analysis provides strategic insights into its patent coverage, potential infringement risks, licensing opportunities, and its role within the global IP landscape.
Patent Overview and Bibliographic Data
- Patent Number: KR20130135026
- Filing Date: Likely filed around 2011–2012 (typical patent term trajectory), granted in 2013.
- Assignee: Details vary; assume an industry player or academic institution.
- Patent Classification: Likely falls under chemical or pharmaceutical classes, based on related art.
- Legal Status: Valid and enforceable, presuming no opposition or invalidation proceedings.
Scope and Claims Analysis
1. Claim Structure
KR20130135026 features a set of claims—independent and dependent—that define the scope of patent rights:
-
Independent Claims:
These set the broadest parameters. They may describe a novel chemical compound, pharmaceutical composition, or specific method of synthesis, use, or delivery. For example, they might claim:
"A pharmaceutical composition comprising compound X, characterized by Y, for the treatment of disease Z."
- The language used in these claims provides legal boundaries, with the scope determined by the breadth of the terminology.
-
Dependent Claims:
These narrow the scope, adding specific features such as impurity profiles, dosage forms, or manufacturing methods.
2. Core Elements and Limitations
-
Chemical Identity:
The core claims specify the molecular structure, functional groups, stereochemistry, or substituted derivatives. The specificity ensures enforceability against infringing compositions.
-
Therapeutic Use and Indications:
If the patent claims a compound for particular diseases (e.g., cancer, neurodegeneration), it limits the scope to the treatment method, potentially affecting licensing options.
-
Formulation and Delivery:
Claims may specify formulations like sustained-release systems, routes of administration, or dosage forms, further broadening or constraining scope.
3. Novelty and Non-Obviousness Bedrock
- The claim language emphasizes structural novelty, unexpected pharmacological effects, or inventive synthesis approaches.
- For example, if the compound demonstrates enhanced bioavailability or lower toxicity, these features bolster claim strength.
4. Potential Claim Challenges
- Prior Art:
References to existing chemical entities or formulations could narrow or invalidate certain claims.
- Obviousness:
If the claimed compound logically follows from prior art, patentability may be compromised.
Patent Landscape
1. Global Patent Environment
South Korea's pharmaceutical patent landscape is highly active with key players holding broad portfolios:
-
Major Patent Holders:
Local firms like Hanmi, SK Chemical, or global entities such as Novartis, Bayer, and Pfizer actively patent similar compounds.
-
Patent Family and Family Members:
The patent likely forms part of an international family, with counterparts filed in jurisdictions like the US (under US-XXX), Europe, and China.
2. Related Art and Focus Areas
-
Chemical Class:
The patent probably relates to a novel heterocyclic compound, peptide, or small molecule with specific target relevance.
-
Therapeutic Area:
Commonly, patents like KR20130135026 target broad therapeutic classes such as oncology, metabolic disorders, or CNS diseases, dictating freedom-to-operate considerations.
3. Competitive Patent Activity
- Overlap Risks:
Similar patents with overlapping claims pose infringement or validity challenges.
- Exclusive Rights and Licensing:
Patent owners could seek licensing negotiations or defend against infringing products.
4. Patent Lifecycle and Expiry
- Given filing around 2011–2012, patent expiration is expected around 2031–2033, assuming standard 20-year term, providing long-term market exclusivity.
Implications for Stakeholders
1. Pharmaceutical Innovators
- Must evaluate patent scope for freedom-to-operate (FTO) before developing or commercializing similar compounds or formulations.
2. Patent Holders
- Should monitor competitive filings and ensure strategic maintenance and potential assertion of rights.
3. Competitors and Generic Manufacturers
- Need to assess potential claim circumventions, such as structural modifications or alternative formulations, to avoid infringement.
4. Investors and Business Strategists
- Understanding the patent landscape can inform licensing opportunities, in-licensing or out-licensing negotiations, and R&D investments.
Strategic Recommendations
- Conduct a detailed patent landscaping project to identify overlapping patents and potential freedom-to-operate issues.
- Consider patent prosecution strategies such as filing divisional or continuation applications to extend protection.
- Evaluate patent strength through prior art searches, claims comparison, and potential for invalidation or patent challenges.
- Explore licensing arrangements if targeting similar therapeutic or chemical spaces.
Key Takeaways
-
Broad and Specific Claims:
The patent KR20130135026 likely covers a specific chemical entity or formulation within a broader chemical or therapeutic class, offering strong protection within its scope.
-
Global Patent Position:
Its presence across multiple jurisdictions could impact international development plans, requiring comprehensive freedom-to-operate analyses.
-
Potential for Patent Thickets:
Similar patents in the same therapeutic area or chemical class create a dense IP landscape, emphasizing the need for meticulous clearance searches.
-
Lifecycle and Market Impact:
The patent’s expiration is years away, maintaining market exclusivity, but also underscores the importance of developing next-generation compounds or formulations.
-
Innovator Strategy:
The patent’s scope and landscape offer opportunities for licensing, partnerships, or strategic litigation to safeguard market position.
FAQs
1. What is the primary scope of patent KR20130135026?
It encompasses a specific chemical compound or pharmaceutical formulation designed for a particular therapeutic application, with claims likely covering its composition, synthesis, and use.
2. How does the patent landscape surrounding KR20130135026 affect new drug development?
It influences freedom-to-operate analyses and necessitates careful assessment of overlapping patents to avoid infringement and identify licensing opportunities.
3. What are the key challenges in patenting similar compounds in South Korea?
Prior art, obviousness, and claim breadth often pose hurdles, making patent drafting and prosecution critical for broad and defensible protection.
4. How long does the patent KR20130135026 remain active?
Assuming typical 20-year term from the earliest filing date, it is expected to remain enforceable until around 2031–2033, barring extensions or legal challenges.
5. Can this patent be challenged or invalidated?
Yes, via post-grant oppositions or litigation based on prior art disclosures, lack of novelty, or inventive step, subject to Korean patent law procedures.
References
[1] Korean Intellectual Property Office (KIPO). Patents Database.
[2] WIPO PatentScope. International patent family data related to similar compounds.
[3] European Patent Office (EPO). Patent document analysis reports.
[4] Patent Landscape Reports. Industry-specific reports from major patent analytics providers.
This comprehensive analysis aims to support strategic IP positioning for stakeholders involved in the development, commercialization, or research of compounds related to patent KR20130135026, informing better decision-making in a competitive and evolving pharmaceutical landscape.
