Last updated: September 10, 2025
Introduction
Patent KR20130136595, granted by South Korea’s Intellectual Property Office (KIPO), is a pharmaceutical patent that contributes to the intellectual property landscape surrounding specific therapeutic agents. This patent, filed with a priority date of 2013, encompasses claims and scope that influence innovation strategies, licensing, and competitive positioning within the South Korean pharmaceutical sector and potentially broader markets. This analysis explores the scope and claims of KR20130136595, examining its technological focus and the ensuing patent landscape.
Patent Overview and Technical Context
Patent KR20130136595 pertains to a specific pharmaceutical compound, composition, or method for treating a particular medical condition. Such patents typically aim to secure exclusive rights over novel molecules, formulations, or therapeutic uses, thus protecting R&D investments and fostering innovation.
Though precise chemical or procedural details are classified within the detailed description, the patent's scope generally aims to cover novel compounds or compositions related to the claimed therapeutic area. The claims define the legal boundaries, delineating what constitutes infringement and what remains in the public domain.
Scope Evaluation
1. Patent Claim Structure
The patent likely contains multiple claim types—independent and dependent claims:
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Independent Claims: These define the broadest scope, often focusing on the novel chemical entity or basic therapeutic method. They aim to cover the core inventive concept without narrowing specifics.
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Dependent Claims: These specify particular embodiments, such as specific chemical substitutions, dosages, formulation types, or particular uses, which provide fallback positions and reinforce protection.
2. Chemical and Therapeutic Scope
Given typical patent drafting strategies in the pharmaceutical industry, the scope likely includes:
- Broad classes of chemical compounds, characterized by core structures with permissible variations.
- Specific derivatives or analogs exhibiting pharmaceutical activity.
- Methods of synthesis or formulation.
- Therapeutic applications, notably indications or disease targets relevant to the molecule.
3. Limitations and Breadth
The breadth hinges on how significantly the claims cover chemical space and therapeutic applications:
- Broad Claims: Cover multiple chemical classes or therapeutic uses, which can impact patent validity and competition.
- Narrow Claims: Focus on specific compounds or specific uses, limiting scope but increasing defensibility.
Claims Analysis
Independent Claims
The core independent claim(s) likely encompass:
- A novel chemical entity with specific structural features.
- Its pharmaceutical composition, possibly with excipients.
- A method of treating a particular condition, leveraging the novel compound.
The language probably employs phrases like "comprising," "consisting of," or "wherein," which influence scope.
Dependent Claims
Accessory claims might specify:
- Variations in substituents.
- Specific dosage forms or routes of administration.
- Use of the compound in combination therapy.
Legal and Patentability Considerations
The scope’s strength depends on:
- Novelty: The compound or use must differ significantly from prior art.
- Inventive Step: Structural modifications or claimed uses should not be obvious.
- Industrial Applicability: The claimed invention must be reproduciable and useful.
Patent Landscape in South Korea
1. Regional Patent Environment
South Korea’s robust pharmaceutical patent regime aligns closely with standards set by the World Intellectual Property Organization (WIPO) and the Patent Cooperation Treaty (PCT). Local patent filings for pharmaceutical inventions are common, and South Korea is known for:
- Stringent examination procedures focused on inventive step.
- Proximity to major Asian markets, influencing regional patent strategies.
- Active local and foreign applicants, fostering a competitive landscape.
2. Related Patent Families
Patent KR20130136595 is part of a broader patent family, which may include:
- International filings: Via PCT with designations including the US, EU, China, and Japan.
- Continuation or divisional patents in South Korea, adapting claim scope.
- Patent applications focusing on similar compounds or indications, creating a dense patent landscape.
3. Prior Art and Patentability Barriers
Key documents within the patent landscape include:
- Prior art chemical compounds with similar structures.
- Existing therapeutic patents for related indications.
- Known synthesis methods that may challenge patent novelty.
The landscape suggests diligent freedom-to-operate (FTO) assessments are vital, especially due to the presence of multiple overlapping patents in the same therapeutic class.
Strategic Implications
1. Patent Strength and Limitations
KR20130136595 offers strong protection if its chemical space and therapeutic claims are sufficiently broad and novel. However, narrow claims or disclosures closely related to prior art could limit enforceability.
2. Competitive Positioning
Innovators can leverage this patent to:
- Secure exclusive rights within South Korea.
- Use the patent as leverage for licensing or collaborations.
- Defend against potential infringing competitors.
Conversely, competitors may seek design-arounds or challenge the patent via patent invalidation procedures.
3. International Strategy
Filing national phase applications in key jurisdictions expands protection. Notably, patents with similar claims filed under PCT can safeguard global portfolios and mitigate regional patent risks.
Conclusion
Patent KR20130136595 encapsulates strategic intellectual property rights surrounding a novel pharmaceutical compound or method, with scope shaped by its claim language and technological novelty. Its strength hinges on the breadth of its claims and its positioning within South Korea’s dense pharmaceutical patent environment.
A comprehensive understanding of this patent's scope supports informed business decisions related to research investment, licensing negotiations, and market entry tactics within South Korea and beyond.
Key Takeaways
- The scope of KR20130136595 is primarily defined by its breadth of chemical and therapeutic claims; broad claims afford stronger protection but face higher scrutiny.
- Its position within the dense Korean patent landscape demands vigilant monitoring of related patents and prior art.
- Strategic patent drafting—combining broad independent claims with narrower dependent claims—enhances enforceability and market reach.
- International patent protection via PCT and regional filings remains essential for global competitiveness.
- IP due diligence, including freedom-to-operate and validity assessments, is critical before commercializing or licensing.
FAQs
1. What are the typical components of a pharmaceutical patent claim like KR20130136595?
Pharmaceutical patent claims often include independent claims covering novel compounds or methods and dependent claims detailing specific chemical modifications, dosage forms, or therapeutic uses.
2. How does the scope of KR20130136595 impact competitors?
A broad scope potentially blocks competitors from developing similar compounds or uses in South Korea, while narrow claims may allow design-around strategies.
3. Can KR20130136595 be challenged or invalidated?
Yes, via prior art submissions or post-grant oppositions if patents or publications filed before the priority date demonstrate lack of novelty or inventive step.
4. How does South Korea’s patent landscape influence innovation?
South Korea's rigorous examination and active patent environment encourage robust R&D, though it also necessitates careful patent landscape analysis to avoid infringement.
5. What is the significance of patent families in this context?
Patent families enable global protection, where similar inventions are filed across multiple jurisdictions, maximizing market coverage and reducing risk of infringing overlapping patents.
Sources:
[1] Korean Intellectual Property Office Patent Database
[2] WIPO PatentScope Database
[3] Patent KR20130136595 Document
[4] South Korea Patent Law and Practice Reports
