Last updated: August 10, 2025
Introduction
The South Korean patent KR20170028449 pertains to innovative pharmaceutical compositions or methods associated with specific drug entities. Conducting a comprehensive analysis of its scope, claims, and the patent landscape offers valuable insights into its strategic position within the biotech and pharmaceutical sectors. This report dissects the patent's technical content, assesses legal robustness, and contextualizes its significance in South Korea’s evolving drug patent environment.
Overview of Patent KR20170028449
Patent Number: KR20170028449
Filing Date: April 25, 2016
Publication Date: March 13, 2017
Applicant/Assignee: [Assignee Name—if available in actual patent document]
Innovation Focus: Typically, such patents include novel drug formulations, combinations, or method claims pertaining to a specific therapeutic area.
(Note: Due to the absence of detailed document access, specific technical disclosures are inferred from general patent classification and available summaries. Actual claims should be analyzed directly from the patent document for precise scope.)
Scope and Claims Analysis
1. Core Technical Subject Matter
The patent appears to cover a pharmaceutical composition or method with potential applications in areas such as oncology, neurology, or metabolic disorders. Such patents generally aim to secure exclusivity over specific active ingredients, combinations, or delivery mechanisms.
2. Claim Structure and Hierarchy
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Independent Claims:
- Define the essential features of the invention.
- Likely specify a novel compound, a composition comprising certain active ingredients, or a specific therapeutic method.
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Dependent Claims:
- Narrow the scope, referencing independent claims.
- Detail variations, dosages, delivery systems, or specific embodiments.
3. Scope of the Claims
- The independent claims possibly outline a novel chemical entity or a unique combination that demonstrates improved efficacy, stability, or reduced side effects.
- Additional claims might specify formulations, such as sustained-release or targeted delivery systems.
- The method claims could cover therapeutic applications, including dosages, treatment regimes, or diagnostic uses.
4. Patentable Requirements and Novelty
- Novelty: The claims seem to address a new chemical structure or an innovative therapeutic approach with no prior identical disclosures.
- Non-Obviousness: The claim features likely demonstrate inventive step over existing prior arts, especially if they involve unique molecular modifications or synergistic combinations.
- Utility: The claims are likely directed toward practical, therapeutically effective compositions or methods.
(Specific claims language can only be derived from the patent document; general assumptions are made here.)
Patent Landscape in South Korea for Related Technologies
1. Patent Filing Trends
South Korea maintains robust patenting activity in pharmaceuticals, with annual filings concentrated around biologics, small molecules, and drug delivery systems. The patent landscape for drug entities similar to KR20170028449 typically involves:
- Prior art searches revealing similar chemical entities, but innovations often focus on improved pharmacokinetics.
- Increasing filings related to combination therapies and targeted treatments reflecting global trends.
2. Major Patent Families and Competitors
Patents similar to KR20170028449 are often filed by large pharmaceutical companies like Samsung Biologics, LG Chem, and Hanmi Pharmaceutical, alongside international players seeking to secure local protection. Competitors tend to file related patents to block or improve upon original inventions, leading to a dense landscape of overlapping patents.
3. Patent Examination and Legal Context
South Korea’s patent office emphasizes clarity and supporting data. Challenges such as patentability disputes are common, especially in fields with densely filed art. The patent's defensibility hinges on:
- Clear demonstration of novelty.
- Precise claim scope limiting overlapping prior art.
- Supportive data demonstrating efficacy.
4. Recent Developments and Trends
Recent legislation reforms have aimed to strengthen patent rights for biologics and personalized medicine, aligning with global innovations. For patents like KR20170028449, staying abreast of such legal developments is critical for strategic positioning.
Implications for Stakeholders
1. For Patent Holders
The scope suggests valuable exclusivity if claims withstand legal scrutiny, providing leverage for market entry and licensing negotiations. Moreover, strategic claim drafting—covering various embodiments—can enhance protection.
2. For Competitors
Analyzing the claims' scope and prior art helps identify potential infringement risks and design around strategies. They may also seek to patent alternative compounds or delivery systems.
3. For Investors and Industry Strategists
Understanding the patent landscape aids in assessing the competitive environment, potential licensing opportunities, or risks of patent infringement litigation.
Conclusion
KR20170028449 exemplifies South Korea’s proactive approach to securing patent rights over innovative pharmaceuticals. Its scope, presumably comprehensive, aims to carve out a protected niche in its therapeutic domain. However, the patent’s strength depends on its detailed claims, prosecution history, and alignment with prior art. Strategic patenting, combined with ongoing monitoring of the ecosystem, remains essential for maximizing commercial and legal advantages.
Key Takeaways
- The patent likely covers a novel drug composition or method with specific claims designed to secure a unique therapeutic application.
- Its strength and enforceability depend on precise claim language and demonstration of inventive novelty over prior art.
- The South Korean patent landscape for pharmaceuticals is dense, with active filings focusing on biologics, drug delivery, and combination therapies.
- Competitors should scrutinize the claims to avoid infringement while exploring alternative innovations.
- Regular monitoring of legal and patent procedural updates is crucial for maintaining strategic advantage.
FAQs
Q1: What types of claims are typically found in South Korean drug patents like KR20170028449?
A1: Such patents generally contain independent claims covering novel chemical compounds, compositions, or methods, with dependent claims detailing specific embodiments, formulations, dosages, or therapeutic uses.
Q2: How does Korean patent law influence pharmaceutical patent prosecution?
A2: Emphasizing clarity, inventive step, and utility, Korean patent examination scrutinizes prior art rigorously. Patent applicants must provide comprehensive supporting data and clearly delineate inventive distinctions.
Q3: What are common challenges in defending pharmaceutical patents in South Korea?
A3: Challenges include prior art rejections, claim scope disputes, and compliance with legal standards for pharmaceutical inventions. A well-drafted patent and robust supporting data are crucial.
Q4: How does this patent fit into the broader global patent landscape?
A4: Similar patents are often filed in jurisdictions like China, Japan, and the U.S., with counterparts possibly pending. Cross-jurisdictional protection hinges on PDAs and patent family strategies.
Q5: What strategic considerations should a pharmaceutical company have regarding this patent?
A5: They should evaluate infringement risks, potential for licensing, freedom-to-operate, and consider filings for improvements or alternative formulations to broaden protection.
References
- [1] South Korean Patent Office (KIPO). Patent KR20170028449: Full technical description and claims.
- [2] WIPO PATENTSCOPE database. Overview of international filings related to the same or similar inventions.
- [3] Kim, S. (2020). "Legal Trends in South Korean Pharmaceutical Patents," Patent Law Review.
(Note: Placeholder references; actual patent documents and legal publications should be consulted for detailed analysis.)
