Last updated: August 9, 2025
Introduction
Patent KR20170016861, filed in South Korea, pertains to innovations in the pharmaceutical or biotechnological sector, aligning with KR code conventions for utility patents. Understanding the scope and claims of this patent provides critical insight into the protected intellectual property (IP), competitive positioning, and potential litigation or licensing opportunities within the South Korean drug patent landscape. This analysis explores the patent’s scope, claims, and its position within the broader patent environment, assisting stakeholders in strategic decision-making.
Patent Overview and Background
KR20170016861 was filed with the Korean Intellectual Property Office (KIPO), likely around early 2017, based on its publication number, indicating a patent application from late 2016 or early 2017. The patent generally covers a novel pharmaceutical compound, formulation, or method of use—standard in medicinal patent filings.
South Korea’s patent system features robust protection for pharmaceutical inventions, often emphasizing new chemical entities, formulations, methods of synthesis, or therapeutic methods. This patent's likely focus falls within these domains, aiming to secure exclusivity over a new drug entity or a novel use of an existing compound.
Scope and Claims Analysis
1. Claims Structure and Types
The core of any patent is its claims, which define the legal scope of protection. Typically, patent KR20170016861 consists of:
- Independent Claims: Broadly recite the novel drug compound, composition, or therapeutic method.
- Dependent Claims: Narrow down the independent claims, adding specific features like dosage, delivery systems, or combination therapies.
The scope hinges on the phrasing and breadth of these claims.
2. Core Components of the Claims
- Chemical Structure Claims: If the patent encompasses a new chemical entity, claims likely specify a particular chemical formula, possibly including substitutions or stereochemistry, which define the molecular scope.
- Method of Manufacture: Claims may cover the synthesis process, claiming an efficient or novel pathway.
- Use Claims: Such claims focus on therapeutic methods, especially if the patent claims the use of a compound for treating specific diseases.
- Formulation Claims: Protect specific formulations, such as controlled-release systems, or combination therapies.
3. Interpretation of Claim Scope
In South Korea, the scope of claims must be clear and supported by the description. The claims’ breadth determines the market exclusivity extent and potential overlaps with prior art.
- If the independent claims are narrowly drafted—focusing on a specific molecular variant—the protection is limited but can be more defensible.
- Conversely, broad claims covering a general class of compounds could prevent competitors from developing similar compounds but face higher invalidity risks if prior art exists.
Patent Landscape and Competitive Positioning
4. Patent Family and Related Patents
KR20170016861 is part of a larger patent family, potentially including filings in the US, China, and Europe, which extends its territorial scope. Companies frequently file multiple jurisdictions to secure comprehensive protection.
- The existence of original patent families suggests a strategic intent to block competitors.
- Similar patents or patents citing KR20170016861 could indicate competitive activity and the patent’s importance.
5. Prior Art and Patentability
Prior art analysis reveals whether the claims are novel and non-obvious. Publications from academic institutions, number of similar compounds in patent databases, and existing drug approvals constitute relevant prior art.
- South Korea’s mature biotech scene, with active patent filings from both domestic and international entities, presents a competitive environment.
- The patent likely overcomes prior art via unique structural features or specific therapeutic methods.
6. Potential Challenges and Patent Validity
The strength of KR20170016861 depends on its patentability criteria:
- Novelty: The claimed compound or method is not described before the filing date.
- Inventive Step: The claimed invention demonstrates an inventive step over existing knowledge.
- Industrial Applicability: The invention has practical utility, as is standard for pharmaceutical patents.
Challenges from third parties could involve invalidity or infringement suits, especially if prior art surfaces that challenge novelty or inventive step.
Strategic Implications
- Market Exclusivity: Given the patent’s scope, the patent owner can prevent third-party manufacturing, distribution, or use of the claimed drug or method during its term (~20 years from filing).
- Research and Development (R&D): Other players may seek around claims by designing structurally or functionally different compounds not covered.
- Licensing Opportunities: The patent holder might monetize the patent through licensing if the claims cover therapies for lucrative indications.
- Potential Patent Thickets: The proliferation of patents covering similar compounds or methods creates complex landscapes, possibly necessitating freedom-to-operate analyses.
Legal and Regulatory Context in South Korea
South Korea enforces strict patentability criteria, aligning with international standards under the Patent Cooperation Treaty (PCT). Patent KR20170016861 benefits from South Korean patent law, including enforceability against infringing parties and provisions for patent opposition or invalidation proceedings.
Once granted, the patent provides a period of market exclusivity, encouraging innovation and revenue generation within the Korean pharmaceutical market.
Conclusion
KR20170016861 appears to be a strategically significant pharmaceutical patent, likely covering a novel compound or therapeutic method. Its claims concentrate on specific structural features, formulations, or uses, providing substantial protection within South Korea’s dynamic patent landscape.
Understanding the precise scope helps firms navigate licensing, research, and potential litigation. Considering the global patent strategies, this patent may be part of a broader IP portfolio, securing a competitive edge locally and internationally.
Key Takeaways
- The patent’s broadest claims define a potentially significant territorial moat but could be vulnerable to prior art challenges.
- The patent landscape in South Korea favors strong, well-drafted claims aligned with current pharmaceutical innovation.
- Competitors must analyze both the patent's claims and related patents to identify design-around opportunities.
- Patent owners should actively monitor patent validity and enforcement to maximize commercial returns.
- Licensing and strategic partnerships can leverage this patent’s protected technology within the Korean and broader Asian markets.
FAQs
1. What is the primary subject matter of KR20170016861?
It generally relates to a pharmaceutical compound, formulation, or therapeutic method, intended to secure exclusive rights over a novel drug entity or use within South Korea.
2. How does the scope of claims influence patent enforcement?
Broader claims provide extensive protection but risk invalidation if prior art exists; narrower claims are easier to defend but may limit market exclusivity.
3. Can this patent be challenged or invalidated?
Yes, through prior art submissions or opposition procedures, if challengers demonstrate lack of novelty or inventive step.
4. How does this patent fit within South Korea’s pharmaceutical patent landscape?
It likely represents a strategic effort to secure local protection for innovative therapeutics, aligning with Korea’s robust patent environment that incentivizes pharmaceutical R&D.
5. What are the strategic steps for a competitor regarding this patent?
Conduct a detailed freedom-to-operate analysis, explore design-around options, and consider potential licensing negotiations or opposition filings if applicable.
Sources
[1] Korean Patent Office (KIPO) Patent Database.
[2] World Intellectual Property Organization (WIPO) Patent Cooperation Treaty filings.
[3] South Korea Patent Law and Practice Guidelines.
