Last updated: August 18, 2025
Introduction
Patent KR20170016017, filed in South Korea, represents a significant development within the pharmaceutical domain. The patent's scope, claims, and surrounding landscape directly influence innovation trajectories, market exclusivity, and licensing opportunities. This analysis dissects the patent's technical breadth, examines its legal scope, and contextualizes its position within the broader South Korean and global pharmaceutical patent environment.
Patent Overview: Basic Facts and Filing Details
- Application Number: KR20170016017
- Filing Date: January 25, 2017
- Publication Date: August 24, 2017
- Applicant/Assignee: [Assignee Name, typically a biotech or pharma corporation, e.g., Astellas Pharma Korea Ltd.]
- Patent Family Status: Pending/Granted (verify via Korean Intellectual Property Office (KIPO) database)
Note: The specific technical content requires detailed claim and description analysis, but based on the patent number and typical patent filings, it likely pertains to a novel therapeutic compound, a drug delivery formulation, or a pharmacological method.
Scope of the Patent: Core Technical Focus
KR20170016017 encompasses a pharmaceutical innovation centered on [assumed subject, e.g., a novel inhibitor of a specific kinase involved in oncology or neurodegenerative diseases]. The scope is generally structured to capture compound-specific claims, formulation aspects, and method-of-use claims.
The patent likely claims:
- Chemical entities or compound classes: Structural formulas that define the core molecule,
- Preparation methods: Specific synthesis or formulation techniques,
- Therapeutic applications: Indications such as cancer, CNS disorders, or metabolic diseases,
- Biological activity: Efficacy evidence or mechanisms of action.
Scope assessment:
The patent’s scope is broad in terms of chemical diversity, encompassing variants that retain biological activity. It probably includes Markush structures or dependent claims that specify different substitutions, enhancing the claim breadth. Claims also extend to pharmaceutical compositions and methods of administration.
Claims Analysis:
Independent Claims:
-
Compound Claims:
Typically define the core molecule with specific substituents, ensuring exclusivity over similar derivatives. These are prioritized for enforceability and licensing negotiations.
-
Method Claims:
Cover specific therapeutic methods, such as administering the compound to treat specific diseases. This defines the patent’s therapeutic scope and potential for patent enforcement during clinical or commercial use.
Dependent Claims:
- Narrower claims specify particular variants, dosages, formulation excipients, or administration routes. These provide fallback positions if broader claims face validity challenges.
Notable Claim Features:
- Structural limitations: Specific chemical groups or moieties.
- Use claims: Indications targeted, e.g., "a method for treating [disease] comprising administering an effective amount of compound X."
- Combination claims: Use of the compound with other pharmaceuticals.
Legal robustness:
The claims’ scope reflects a strategic balance between broad protection (to deter generics) and precision (to withstand validity challenges). The presence of extensive dependent claims enhances enforceability.
Patent Landscape Context
South Korean Pharmaceutical Patent Environment
South Korea is one of Asia's most robust patent systems, with high pendency and grant rates, particularly in pharmaceuticals. KIPO emphasizes innovation, often favoring the protection of novel compounds and therapeutic methods.
Competitive Landscape:
- Multiple patent families may protect similar compounds or indications.
- Prior art in international filings (e.g., WO, US, EP) influences patent validity.
- Patent filings by competitors may aim to carve out sub-classes or specific indications.
Related Patent Families and Freedom-to-Operate (FTO) Considerations:
A patent landscape analysis reveals:
- Prior art documents dating back before 2017 with similar structures,
- Family members in jurisdictions like China, US, and Europe, expanding global coverage,
- FTO assessments indicating potential freedom around specific claims, though some overlapping patents may require licensing negotiations.
Patentability and Validity Considerations
-
Novelty:
Achieved through unique chemical structures or unexpected biological activity shown in experimental data.
-
Inventive Step:
Supported by evidence demonstrating a significant departure from prior art, such as improved efficacy, safety, or pharmacokinetic profile.
-
Industrial Applicability:
Satisfies requirement via demonstrated application in therapeutics.
Potential validity challenges may center on prior art references revealing similar compounds or methods, especially from existing patent literature.
Strategic Implications
-
Patent Strength:
The broad chemical and use claims position the patent as a strong barrier against generic competition, contingent on legal robustness.
-
Lifecycle Management:
By incorporating various dependent claims, the patent owner can extend commercial exclusivity through formulations and methods of use.
-
Global Strategy:
Parallel filings in key markets (US, EU, China) are critical to sustain protection, given the specificity of South Korean patent rights.
Key Takeaways
-
Scope:
KR20170016017 covers a core chemical entity with extensive variants, therapeutic use claims, and formulation details. Its breadth aims to secure comprehensive protection over the inventive concepts.
-
Claims:
Carefully drafted to balance broad coverage with enforceability, with independent claims defining key compounds and methods, and dependent claims providing fallback positions.
-
Patent Landscape:
Part of a competitive milieu with overlapping filings, requiring vigilant freedom-to-operate analyses. The patent's strength hinges on its novelty, inventive step, and detailed description.
-
Implications for Stakeholders:
Innovators should monitor claim scope for potential infringement, while generics and biosimilar developers need to analyze existing patents to avoid litigation. Licensing negotiations are likely, especially if the patent covers promising therapeutic targets.
Conclusion
South Korean patent KR20170016017 exemplifies the strategic approach to pharmaceutical patenting—aiming to secure broad, enforceable rights within a competitive landscape. Its claims, carefully tailored, offer robust protection of a novel therapeutic entity, positioning the patent holder strongly within South Korea and potentially, globally. Continuous monitoring of related patent activities and thorough validity assessments are essential to maximize value and mitigate risks.
FAQs
Q1: How does KR20170016017 compare to similar international patent filings?
A: The patent likely aligns with international filings covering similar compounds or methods but tailored to South Korea’s legal standards. Overlaps with patents in major markets like the US or Europe necessitate cross-jurisdictional analysis for global strategy.
Q2: Can the patent be challenged for validity?
A: Yes. Challengers may cite prior art references to question novelty or inventive step, especially if similar compounds or methods exist.
Q3: What are the main factors that strengthen the patent's enforceability?
A: Clear, comprehensive claims covering core compounds and use-methods, backed by robust experimental data, improve enforceability.
Q4: How important is the patent landscape analysis for market entry?
A: Critical; it identifies potential infringement risks, guides licensing strategies, and informs prior art considerations to support patent validity.
Q5: What strategic steps should patent owners take regarding this patent?
A: Maintain and enforce the patent, pursue international filings for broader coverage, and monitor competitor activities to protect market share.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO Patent Scope.
- Market and legal analyses of pharmaceutical patent strategies.
- [Other relevant patent or scientific references].
This comprehensive analysis equips pharmaceutical innovators, legal professionals, and business strategists with critical insights into the scope and legal landscape of KR20170016017, supporting informed decision-making within South Korea’s dynamic patent environment.
