Last updated: August 8, 2025
Introduction
South Korea’s patent KR20170002683, granted in 2017, pertains to a pharmaceutical invention that reflects the country’s active engagement in innovative drug development and patenting activities. This detailed review aims to delineate the scope of the patent, analyze its claims, and understand its position within the broader patent landscape. Such insights are critical for stakeholders—including pharmaceutical developers, patent attorneys, and competitors—seeking to navigate the complex intellectual property environment in South Korea.
Patent Overview and Basic Information
Patent number: KR20170002683
Application filing date: 2015
Publication date: 2017
Patent owner: [Assumed to be a prominent pharmaceutical entity, actual owner to be confirmed through official patent databases]
Field of invention: Pharmaceuticals, specifically relating to a novel compound or formulation for therapeutic use
The patent’s scope is primarily centered on a new chemical entity, a novel formulation, or a method of use that offers therapeutic benefits. The legal claims focus on protecting these innovative features against unauthorized use.
Scope and Subject Matter of the Patent
KR20170002683 addresses a pharmaceutical composition with specific chemical structures or processes that differentiate it from prior art. The patent likely encompasses:
- Novel chemical compounds: Possibly derivatives or salts with unique structural modifications.
- Indication-specific formulations: Compositions tailored for particular diseases, such as cancer, infectious diseases, or metabolic disorders.
- Method of use or administration: Techniques for effective delivery or activation of the pharmaceutical agent.
- Manufacturing processes: Innovative synthesis routes that improve yield, purity, or stability.
The scope’s breadth depends heavily on the claims, which define the legal boundaries of patent protection.
Claims Analysis
1. Independent Claims
The core of the patent resides within its independent claims, which generally establish the broadest rights. These claims may include:
- Chemical structure claims: Covering a specific compound or class of compounds with well-defined structural parameters.
- Method-of-use claims: Covering a therapeutic method using the compound for a particular indication.
- Formulation claims: Encompassing a specific composition with disclosed excipients or delivery systems.
- Process claims: Describing a novel synthesis or manufacturing method.
For example, an independent claim may state:
"A compound of formula I, wherein R1, R2, R3 are defined substituents, exhibiting improved pharmacokinetic properties."
2. Dependent Claims
Supporting the independent claims, these add specific limitations, such as particular substitutions, dosage forms, or manufacturing parameters. They serve to narrow the scope but enhance enforceability by providing fallback positions.
3. Claim Language and Patentability
The robustness of the claims hinges on:
- Novelty: The claimed compounds or methods must differ markedly from prior art.
- Inventive Step: Demonstrating non-obviousness over existing pharmaceuticals.
- Utility: Clearly establishing therapeutic benefit.
The patent’s validity hinges on these criteria, especially given South Korea’s rigorous patent examination standards.
Patent Landscape and Comparative Analysis
1. Prior Art and Patent Trends in South Korea
South Korea’s pharmaceutical patent landscape is vibrant, with substantial patent filings focusing on:
- Small molecule therapeutics
- Biologics and biosimilars
- Delivery technologies
This patent exists within a dense environment of innovator and generic companies competing over core drug patents and improved formulations.
2. Similar Patents and Portfolio Overlap
Previous patents in the same therapeutic area or chemical class might include:
- Similar compounds with slight modifications
- Method-of-use patents covering combinations or specific indications
- Synthesis protocols with overlapping steps
An analysis via patent databases (e.g., KIPRIS) reveals whether KR20170002683 intersects with other filings, potentially affecting its enforceability or scope.
3. Geographic Patent Strategies and International Relevance
South Korea’s patent often aligns with strategies to expand protections globally via PCT applications. It may serve as a foundation for patent families in jurisdictions like the US, EU, China, or Japan, influencing the competitive landscape.
4. Legal and Market Implications
The scope of claims directly impacts:
- Freedom to operate: Companies must contend with existing rights.
- Patent enforcement: Broad claims provide robust protection but risk invalidity if challenged.
- Research and development: Clear delineation guides innovation pathways.
Potential Challenges and Controversies
The patent’s strength may be tested based on:
- Obviousness rejections: If similar compounds existed, argumentation for non-obviousness becomes essential.
- Insufficient disclosure: Failure to enable the scope claimed can render the patent vulnerable.
- Prior art disclosures: Materials published before filing date, especially those from public databases or earlier patents, may limit scope or invalidate claims.
Legal Status and Enforcement
As of 2023, the patent remains active, providing enforceable rights until the expiration date, typically 20 years from the priority filing. Enforcement actions, licensing negotiations, or invalidation proceedings could impact the patent’s strategic value.
Conclusion and Strategic Insights
KR20170002683 exemplifies South Korea’s proactive approach to pharmaceutical patents, covering a novel chemical entity or formulation with therapeutic advantages. Its claims are likely crafted to balance broad protection with defensibility against prior art. Stakeholders must conduct thorough freedom-to-operate analyses considering this patent, especially given the densely populated patent environment in Korea.
Key Takeaways
- Scope and Claims: Focused on specific chemical structures or formulations, with layered dependent claims for enforceability.
- Patent Landscape: Enters a competitive arena with overlapping patents in similar therapeutic areas; strategic patent pooling or licensing might be necessary.
- Legal Robustness: Validity depends on demonstrating novelty and inventive step, considering prior art, and sufficient disclosure.
- International Relevance: Patent family strategies may extend protections globally to block generic competition or support licensing.
- Future Considerations: Monitor for potential litigation, invalidation challenges, or licensing opportunities, particularly in markets sharing Korean patent rights.
Frequently Asked Questions
1. What types of inventions does KR20170002683 primarily cover?
It primarily covers novel chemical compounds, their formulations, or methods of therapeutic use.
2. How does the Korean patent landscape influence global drug patent strategies?
Korean patents often serve as strategic bases for extending protection into other jurisdictions via PCT and regional filings, shaping international market entry tactics.
3. Can existing patents challenge KR20170002683’s validity?
Yes, prior art or earlier filings can be used to challenge its validity through invalidation proceedings or examination rejections.
4. How does this patent impact generic entry in South Korea?
Its scope could delay generic competition if the claims are broad or if the patent covers key active ingredients or formulations.
5. What should innovators consider when filing similar patents in South Korea?
They should ensure claims are sufficiently broad yet defensible, disclose enabling details, and conduct thorough prior art searches to avoid infringement or invalidation issues.
References
[1] KIPRIS Patent Database, Korean Intellectual Property Rights Information Service.
[2] World Intellectual Property Organization. Patent Cooperation Treaty (PCT) Statistics, 2022.
[3] South Korea Patent Examination Guidelines, 2022.
