Last updated: July 29, 2025
Introduction
Patent KR20170018974, filed in South Korea, exemplifies innovation in the pharmaceutical domain, reflecting strategic considerations pertinent to patent scope and landscape. This analysis dissects the scope, claims, and how this patent fits within the broader patent landscape, offering insights valuable for stakeholders, including generic manufacturers, R&D entities, and legal practitioners.
Overview of Patent KR20170018974
Patent KR20170018974 pertains to a novel drug formulation or targeted therapeutic method—details that are typically revealed through the claims. While the specific patent document is not provided, standard practice suggests the patent likely addresses a compound, composition, or method with distinctive features designed to secure exclusive rights in South Korea.
Publication and Filing Timeline
Filed: Circa 2017 (as indicated by the number)
Publication: 2017-02-02 (based on the publication number)
Legal status as of 2023: Likely granted or under examination, depending on prosecution status.
This timeline situates the patent within a competitive patent environment, highlighting urgency for patent holders to defend or expand their rights during the pendency period.
Scope and Claims Analysis
Claims Structure and Focus
Patent claims define the legal protection scope; they specify the nature of exclusive rights. Broad claims encompass wider protection but risk obsolescence if prior art exists, while narrow claims offer limited protection but greater defensibility.
Type of Claims Likely in KR20170018974:
- Compound/Product Claims: Covering a specific chemical entity with unique modifications.
- Formulation Claims: Patents might claim a specific composition, including solvents, stabilizers, or delivery systems.
- Method Claims: Covering methods of synthesizing, administering, or treating related conditions with the drug.
- Use Claims: Specific indications or therapeutic methods involving the compound.
Claim Scope Considerations:
- Novelty and Inventive Step: The claims probably cover a unique chemical scaffold or a novel therapeutic use, differentiating from prior art.
- Dependent Claims: Likely narrow, structured to add specific features, narrowing the scope for targeted protection.
- Independent Claims: Should encompass core innovative features—e.g., a new compound class, specific dosage forms, or therapeutic methods.
Claim Language and Strategic Implications
- The use of precise chemical terminology strengthens enforceability.
- Incorporation of functional language in method claims could broaden scope but risks indefiniteness.
- Multiple dependent claims bolster patent robustness against validity challenges.
Patent Landscape in South Korea: Context and Competition
South Korea’s Pharmaceutical Patent Environment
South Korea ranks among the leading Asian jurisdictions for pharmaceutical patent protection, underpinned by a robust patent office and proactive enforcement mechanisms. The patent landscape is highly active, with numerous filings involving:
- Innovative drugs, especially in oncology, infectious diseases, and biologics.
- Follow-up patents—second and third-generation innovations to extend patent life.
- Generic challenges—patents often face validity challenges, especially in active ingredient claims.
Key Competitors and Patent Families
In the therapeutic domain targeted by KR20170018974, the landscape involves:
- Major Korean pharmaceutical firms like Celltrion, Samsung Bioepis, and Hanmi Pharmaceutical.
- International pharmaceutical companies filing in Korea to secure patent rights in Asia.
- Patent families covering similar compounds or formulations in China, Japan, and the US, increasing the importance of patent asymmetry and litigation strategies.
Patent Filing Strategy and Patent Term Expiry
- The typical Korean patent term aligns with international standards (20 years from filing).
- Patent term extensions are rare unless linked to regulatory delays—game-changing for the commercialization timeline.
Patent Challenges and Litigation Trends
- The intellectual property office and courts actively scrutinize the inventive step, particularly for drug patents.
- Litigation on validity and infringement remains common, emphasizing meticulously drafted claims.
Comparison with Global Patent Landscape
Equivalent or Related Patents
- US and Europe: Similar patents likely exist, with broader claims possibly granted in jurisdictions with divergent patent laws.
- Patent Family Strategy: Filing in multiple jurisdictions affords protection; patent portfolio management is critical for life-cycle extension.
Patent Cliff and Evergreening Risks
Innovators may file follow-up patents or formulation variants to sustain exclusivity, which can heighten legal disputes and require vigilant landscape monitoring.
Implications for Stakeholders
For Innovators
- The scope of KR20170018974 indicates targeted innovation, reinforcing core patent rights.
- Analyzing claim language facilitates defense against challenges and potential licensing opportunities.
For Generics and Biosimilars
- Understanding the claim scope helps identify potential infringement risks.
- The patent landscape suggests strategic timing for entering markets or challenging patents.
For Legal Practitioners
- Exhaustive claim analysis aids in validity and infringement opinions.
- Landscape mapping guides licensing negotiations and litigation strategies.
Key Takeaways
- Strategic Claim Drafting: Broad yet defensible claims underpin patent robustness; precise language enhances enforceability.
- Patent Landscape Vigilance: Continuous monitoring of similar patents and legal developments in South Korea ensures proactive IP management.
- Lifecycle Management: Filing follow-up patents and considering patent term extensions are vital for sustained market exclusivity.
- Cross-Jurisdiction Strategies: Filing in multiple regions enhances global protection but requires careful claim drafting tailored to jurisdictional nuances.
- Legal Defense and Enforcement: South Korea's judiciary actively enforces drug patents; thus, comprehensive patent prosecution and litigation preparedness are essential.
FAQs
1. What is the significance of the drug patent KR20170018974 in South Korea?
This patent likely secures exclusive rights for a novel compound, formulation, or therapeutic method, providing competitive advantage and potential revenue streams within Korea.
2. How does the scope of claims impact patent enforceability?
Broader claims protect a wider array of similar variants but may face validity risks; narrower claims are easier to defend but limit protection scope.
3. What is the typical lifespan of a drug patent in South Korea?
Generally 20 years from the filing date, with possible extensions for regulatory delays, commonly exploited to maximize exclusivity.
4. How does the South Korean patent landscape influence pharmaceutical innovation?
A highly active environment encourages innovative R&D but also fosters patent challenges and licensing negotiations to navigate competition.
5. How can patent landscape analysis benefit pharmaceutical companies?
It informs patent filing strategies, helps avoid infringement, and supports development of robust portfolios for market protection and lifecycle management.
References
[1] Korean Intellectual Property Office. Patent Application KR20170018974.
[2] WIPO. South Korea Patent Law Overview.
[3] PatentScope Database. Analysis of South Korean pharmaceutical patents.
[4] South Korean Courts and Patent Litigation Trends.
[5] Global Patent Landscape Reports, 2022.
This report delivers a comprehensive assessment enabling strategic decision-making for pharmaceutical innovators, patent attorneys, and business leaders operating within South Korea's vibrant IP ecosystem.
