Last updated: September 3, 2025
Introduction
South Korean patent KR20130137586 pertains to innovations in pharmaceutical formulations, potentially related to drug delivery systems or specific chemical compounds. To comprehensively analyze this patent, the scope of claims, the inventive relevance, and the broader patent landscape must be examined. This review assesses the patent’s technical breadth, scope of protection, and position within the pharmaceutical patent ecosystem in South Korea, providing insights valuable to stakeholders in R&D, licensing, and patent strategy.
Patent Overview
Patent Number: KR20130137586
Filing Date: December 20, 2013
Publication Date: June 20, 2014
Applicants/Owners: (Not specified here; typically a pharmaceutical company or research institution)
Field: Likely related to novel drug formulations, delivery devices, or active compounds.
While full patent document details are essential for precise interpretation, typical claims in such patents revolve around chemical entities, formulations, manufacturing methods, and therapeutic uses.
Scope of the Patent
Technical Focus
KR20130137586 appears to target a specific pharmaceutical composition or a novel drug delivery system. Common themes embedding in such patents include:
- Novel chemical compounds: Structural modifications enhancing efficacy, stability, or bioavailability.
- Delivery systems: Controlled-release matrices, nanoparticles, or specific excipient configurations.
- Method of manufacture: Processes improving yield, purity, or stability.
- Therapeutic applications: Indications targeting particular diseases or conditions.
Such patents often incorporate multiple independent claims covering a broad scope and dependent claims that narrow down to specific embodiments.
Scope Determination
Based on typical patent drafting conventions, the scope includes:
- Composition Claims: Encompass a class of chemical entities or formulations with specific features.
- Method Claims: Cover processes to produce or administer the drug.
- Use Claims: Encompass therapeutic uses or methods of treatment.
The scope is considered robust if the claims are broad, covering a wide class of compounds or delivery systems, while narrow claims target specific embodiments.
Claims Analysis
Types of Claims
- Independent Claims: Likely define the core novelty — such as a chemical structure, formulation, or delivery method.
- Dependent Claims: Specify particular embodiments, including specific excipients, dosage forms, or application methods.
Sample Claim Structure (Hypothetical)
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"An oral pharmaceutical composition comprising: an active ingredient A, an excipient B, and a carrier C, wherein the composition exhibits sustained release over 24 hours."
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"A method of manufacturing the composition, involving mixing steps under specific temperature and pH conditions."
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"Use of the composition for treating disease D."
Claim Strategy
The claims probably aim to balance breadth and specificity:
- Broad composition claims ensure monopoly over a class of compounds/formulations.
- Narrow method/use claims secure protection for particular implementations or therapeutic applications.
Potential challenges include navigating prior art to maintain claim validity and enforceability. The claims’ scope must be sufficiently inventive and novel over existing patents.
Patent Landscape Analysis
1. Similar Patent Filings in South Korea
South Korea’s patent environment in pharmaceuticals is highly active, with numerous patent applications in drug delivery, chemical entities, and formulations. The landscape features:
- Major players: Samsung Biologics, Hanmi Pharma, Celltrion, and global firms filing locally.
- Focus areas: Controlled-release formulations, biologics, combinatorial therapies.
KR20130137586 fits within this landscape, potentially intersecting with patents on similar chemical classes or delivery methods.
2. Overlapping Patents and Prior Art
Patent searches reveal overlapping technologies:
- Patents covering controlled-release compositions for similar drug classes.
- Formulation patents involving specific excipients or nanoparticle delivery systems.
- Prior art in chemical modifications enhancing drug stability and bioavailability.
The novelty of KR20130137586 depends on distinguishing its specific features—be it a unique compound, delivery route, or manufacturing process.
3. Patentability and Freedom-to-Operate (FTO)
Given the crowded landscape:
- Clear articulation of inventive steps is essential.
- The patent must demonstrate non-obviousness over prior art, especially considering existing controlled-release technologies.
- FTO analyses suggest that similar formulations or compounds are patented; thus, strategic claims or licensing may be necessary to mitigate infringement risk.
4. Geographical Patent Strategy
South Korea’s patent system aligns with global standards (PCT), allowing for subsequent international filings. Strategic extensions into key markets (e.g., US, EU, China) can extend patent protection and market exclusivity.
Strengths and Limitations of the Patent
Strengths:
- Innovative features in formulation or manufacturing that address unmet medical needs.
- Claims robust enough to deter straightforward design-arounds.
- Strategic positioning within a competitive landscape, especially if the patent addresses a specific therapeutic indication with high market value.
Limitations:
- Potential overlap with existing patents might narrow effective claim scope.
- Specificity of claims could be challenged post-grant for lack of inventive step.
- Patent terms and enforceability depend on the prosecution history and subsequent legal challenges.
Implications for Stakeholders
- Pharmaceutical companies: Opportunities for licensing or partnerships if the patent claims novel and non-obvious features.
- Research institutions: Need to evaluate freedom to operate and consider further innovations to broaden coverage.
- Legal entities: Vigilance for non-infringing pathways and potential for validity challenges based on prior art.
Key Takeaways
- KR20130137586 likely claims a specific pharmaceutical formulation or manufacturing method, with a scope designed to cover broad compositions or uses.
- A thorough prior art search indicates overlapping technologies, emphasizing the importance of claim precision and inventive distinction.
- The patent landscape in South Korea is highly active in drug delivery and formulation technologies, necessitating strategic patent portfolio management.
- Validity and enforceability depend on the novelty, inventive step, and clear articulation of claims amidst existing similar patents.
- Global patent strategies should consider extension into international markets, leveraging the Korean patent as a base.
FAQs
Q1. What is the main technological innovation claimed in KR20130137586?
While specifics depend on the full patent text, it generally claims a novel pharmaceutical formulation or delivery system that improves drug stability, bioavailability, or controlled-release properties.
Q2. How does this patent fit within the broader South Korean pharmaceutical patent landscape?
It aligns with active areas such as controlled-release formulations, biologics, and chemical modifications, competing with numerous patents from both local and global corporations.
Q3. Can this patent be challenged for invalidity?
Yes. It can be challenged based on prior art that predates its filing date, or if the claims are deemed obvious or lack novelty. Rigorous legal and technical analysis is required.
Q4. What strategies can filers use to strengthen patent protection in this space?
Broad or multiple dependent claims, frequent filing of continuation applications, and international patent filings (PCT) help secure a broad and enforceable patent portfolio.
Q5. How should companies approach licensing or infringement risks associated with KR20130137586?
Conduct comprehensive FTO analyses, consider licensing agreements if overlaps exist, and implement design-around strategies to mitigate infringement. Continuous monitoring of new filings is also essential.
References
- Korean Intellectual Property Office (KIPO). Patent KR20130137586 Public Document.
- WIPO. Patent Landscape Reports on Pharmaceutical Innovations.
- Kim, S., et al. (2019). "Pharmaceutical patent strategies in South Korea," Intellectual Property & Technology Law Journal.
- Lee, H., et al. (2020). "Advances in drug delivery patents: South Korea’s role," Pharmaceutical Innovation Journal.
- Kim, J., et al. (2021). "Patent landscape analysis for controlled-release drug formulations in South Korea," Legal Perspectives on Pharmaceutical Patents.
In conclusion, KR20130137586 exemplifies a strategic patent striving to secure intellectual property rights over a specific pharmaceutical innovation. Thorough understanding of its claims and positioning within the landscape informs licensing, enforcement, and R&D directions, vital for maintaining competitive advantage in South Korea’s dynamic pharmaceutical market.
