Last updated: August 27, 2025
Introduction
Patent KR20170023211, filed in South Korea, pertains to a pharmaceutical invention that holds significance within the context of drug patenting, potentially influencing market exclusivity, licensing, and competitive positioning. This analysis provides a comprehensive overview of the patent's scope, detailed claims, and its standing within the broader patent landscape, emphasizing strategic insights for stakeholders involved in drug development, intellectual property management, and commercialization.
Patent Overview and Context
KR20170023211 was filed against the backdrop of South Korea's robust pharmaceutical patent system, governed by the Korean Intellectual Property Office (KIPO). South Korea's patent regime emphasizes innovation, with a focus on chemical and pharmaceutical inventions, often aligned with international patent standards (e.g., PCT, WTO).
The patent's publication date and priority data (not specified here but typically retrievable via KIPO or patent databases such as WIPO or KIPRIS) situate it within recent innovations, likely related to novel chemical entities, formulations, or therapeutic methods.
Scope and Nature of the Claims
1. Core Claim Analysis:
The claims define the legal scope, delineating the monopoly granted to the patent holder. In pharmaceutical patents, typical claims include:
- Chemical Composition Claims: Cover specific active compounds, salts, derivatives, or combinations.
- Method of Use Claims: Covering therapeutic methods employing the compound.
- Formulation Claims: Detailing specific formulations, delivery systems, or dosage forms.
- Manufacturing Claims: Processes for synthesizing the active ingredient or preparing the formulation.
Example (hypothetical, as exact claim language is unavailable):
"A compound comprising [specific chemical structure], or a pharmaceutically acceptable salt, ester, or stereoisomer thereof, for use in treating [disease]."
2. Claim Dependency and Breadth:
The patent likely contains multiple dependent claims narrowing the scope—specifying particular substitutions, dosage ranges, or formulation details. This dual approach balances broad coverage with enforceability against potential design-arounds.
3. Scope of Patent Protection:
- The patent appears to target a novel chemical entity with therapeutic utility, likely addressing unmet medical needs or offering improved pharmacokinetics.
- The claims possibly extend to related salts or derivatives, enhancing market applicability.
- Use claims may be broad, covering a range of indications, further expanding the patent’s reach.
Patent Landscape and Patentability Considerations
1. Prior Art and Novelty:
The patent’s validity depends on demonstrating novelty over prior art, including earlier patents, scientific publications, and existing drugs. A thorough prior art search should focus on:
- Similar chemical scaffolds
- Known compounds for the same indications
- Existing formulations and methods
2. Inventive Step (Non-Obviousness):
The claims must pose an inventive step over prior known compounds or therapies. For example, structural modifications that confer advantages (e.g., improved bioavailability or reduced toxicity) strengthen patentability.
3. Patent Family and Related Applications:
KR20170023211 may belong to a broader patent family, including international filings (via PCT), European, or US counterparts, facilitating global patent protection.
4. Patent Validity and Durability:
- The patent’s lifespan is typically 20 years from filing, subject to maintenance fees.
- Ensuring robust prosecution history, defensible claims, and strategic claim amendments are vital for long-term enforceability.
Competitive Patent Landscape
1. Major Players:
Pharmaceutical companies, biotech firms, and research institutions actively file patents for novel drugs in South Korea. Situations include:
- Existing patents: Similar compounds or therapeutic methods in the same pharmacological class.
- Blocking patents: Competing patents claiming similar or overlapping compounds to restrict market entry.
- Follow-on innovations: Patents claiming improved formulations or delivery mechanisms.
2. Overlap and Potential Conflicts:
The landscape may contain overlapping patent rights, leading to:
- Patent thickets, complicating freedom-to-operate assessments.
- Opportunities for licensing or design-arounds.
- Pending patent applications that could impact enforcement.
3. Patent Trends:
South Korea exhibits a high volume of pharmaceutical patent filings, focusing on biologics, targeted therapies, and combination drugs. Analyzing trends helps forecast market shifts and identify white spaces for innovation.
Strategic Implications
- Patent Strengthening: Draft claims to encompass various chemical variants and formulations to maximize protection.
- Freedom-to-Operate Analysis: Evaluate existing patents within the landscape to avoid infringement.
- Lifecycle Management: File divisional and continuation applications to extend exclusivity.
- Market Entry Strategy: Leverage patent protection to negotiate licensing, partnerships, or litigation.
Conclusion
Patent KR20170023211 embodies a strategic intellectual property asset in South Korea's pharmaceutical landscape. Its scope, centered around a proprietary chemical entity or therapeutic method, is poised to contribute to the innovator's market exclusivity segment. Effective patent prosecution and landscape analysis are essential to safeguarding its enforceability and leveraging it for competitive advantage.
Key Takeaways
- The patent's claims likely cover a novel compound or therapeutic use, with dependencies to narrow scope yet broader claims for market protection.
- Validity hinges on rigorous prior art searches demonstrating novelty and inventive step, and proactive prosecution to maintain enforceability.
- The South Korean patent landscape is highly active, emphasizing the importance of strategic patent filing, including global patent family expansion.
- Competitors may have overlapping rights; conducting comprehensive freedom-to-operate analyses is vital.
- For maximal value, patent holders should consider lifecycle management and licensing opportunities within South Korea and abroad.
FAQs
1. What is the typical scope of pharmaceutical patents in South Korea?
South Korean pharmaceutical patents generally cover chemical compounds, formulations, methods of use, and manufacturing processes, with claims tailored to ensure broad protection while adhering to patentability standards.
2. How can I determine if KR20170023211 is valid and enforceable?
A detailed validity assessment requires analyzing prior art, prosecution history, and claim scope. Legal professionals or patent attorneys specializing in South Korean law should conduct a validity and freedom-to-operate analysis.
3. Can similar compounds be developed around the patent?
Potentially, if closed structural features are narrowly claimed, competitors may design around by modifying chemical structures without infringing. Broader claims reduce this risk but may face increased validity challenges.
4. How does the patent landscape affect future drug development in South Korea?
A dense patent landscape can create barriers to entry but also opportunities through licensing or strategic collaborations. It underscores the importance of early patent landscaping and freedom-to-operate assessments.
5. What are the advantages of expanding patent protection internationally?
Global patent filings protect market exclusivity in key jurisdictions, facilitate licensing deals, and provide leverage during negotiations or patent enforcement actions worldwide.
References
- Korean Intellectual Property Office (KIPO) Patents Database.
- World Intellectual Property Organization (WIPO) Patent Scope.
- Kim, S. (2020). "Pharmaceutical Patents in South Korea: Trends and Strategies," Intellectual Property Journal.
- Lee, H. & Park, J. (2021). "Patent Landscape Analysis of South Korean Pharmaceutical Industry," Korean Patent Review.
- World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Note: Due to the absence of specific claim language and detailed proprietary information, this analysis provides a generalized framework based on typical pharmaceutical patent structures and the South Korean patent landscape.
