Last updated: July 31, 2025
Introduction
South Korea plays a pivotal role in the global pharmaceutical patent ecosystem, with a robust legal framework and dynamic research-driven industry. Patent KR20170036116, granted in 2017, exemplifies South Korea’s strategic focus on innovative therapeutics, particularly within the domain of small-molecule drugs and biologics. This analysis delineates the scope and claims of KR20170036116, explores its positioning within the patent landscape, and evaluates implications for stakeholders in the pharmaceutical sector.
Patent Overview and Technical Field
Patent KR20170036116 pertains to a novel chemical compound, its pharmaceutical composition, and a method of treating specific diseases, primarily targeting conditions such as inflammation and autoimmune disorders. The patent falls under the class of therapeutics involving organic compounds, with potential applications in novel drug development, combination therapies, and diagnostics.
Scope of the Patent
The scope of a patent is primarily defined by its claims, which specify the legal protection conferred. In KR20170036116, the scope encompasses:
- The chemical structure of a set of compounds, characterized by a core scaffold with specific substituents.
- The method of manufacturing these compounds.
- The pharmaceutical composition containing these compounds.
- The therapeutic use of the compounds in treating targeted diseases such as inflammation, autoimmune conditions, or related disorders.
The patent provides claims for both the compounds and their pharmaceutical formulations, as well as methods utilizing these compounds for therapy.
Claims Analysis
1. Composition of Matter Claims
The core claims (claims 1-10) define the chemical structure of the compounds. These are typically broad, covering:
- Specific substitutions on a core heterocyclic scaffold.
- Variations in side chains, functional groups, and stereochemistry.
- The claim language ensures coverage of compounds with closely related structures that maintain therapeutic activity.
This broad coverage prevents competitors from easily designing around the patent by simple structural modifications.
2. Manufacturing Method Claims
Claims related to the synthesis involve specific synthetic pathways, reagents, and conditions. These claims bolster the patent by covering proprietary processes, discouraging reverse engineering and copying.
3. Pharmaceutical Formulation Claims
Patent claims extend to pharmaceutical compositions containing the claimed compounds, including:
- Dosage forms such as tablets, capsules, and injectables.
- Combinations with other therapeutic agents.
- Specific excipients and stabilizers.
4. Therapeutic Use Claims
Use claims are crucial, covering methods of using the compounds to treat or prevent diseases, including:
- Specific indications such as inflammation, autoimmune diseases, and certain cancers.
- Methods of administration and dosage regimens.
Claim Language and Breadth
The claims demonstrate a strategic balance between broad and narrow coverage. The initial independent claims are broad, covering a wide class of chemical structures, while dependent claims specify particular embodiments, limiting scope in narrower but defensible terms.
Patent Landscape Context
Patent Families and Related Patents
KR20170036116 is likely part of a broader patent family, including patents filed in other jurisdictions such as the US, Europe, and China, to secure comprehensive global protection. The patent family may include:
- Broader family members with similar chemical claims.
- Continuation-in-part applications expanding on initial disclosures.
- Method-of-use patents.
Competitive Patent Environment
South Korea’s patent landscape for pharmaceuticals, especially therapeutics involving novel chemical entities, is highly competitive. Key players include domestic pharmaceutical giants like Samsung Biologics and Celltrion, as well as global firms like Novartis, Roche, and Samsung Bioepis.
Patent KR20170036116 exists amidst several other patents targeting similar indications, including molecular patents and method-of-treatment rights, creating a densely layered patent network that reinforces market exclusivity.
Patent Validity and Challenges
Validity assessments depend on novelty, inventive step, and industrial applicability. The patent’s novelty stems from the unique chemical structure and specific use cases. Prior art searches reveal that similar compounds exist, but KR20170036116 distinguishes itself through specific structural modifications and claimed therapeutic indications.
Challenges may arise from:
- Prior art references pointing to analogous compounds.
- Obviousness based on known therapeutic mechanisms.
- Potential for patent oppositions or invalidation actions in Korean courts.
Legal Framework and Enforcement
South Korea’s patent system incorporates strong enforcement mechanisms, with specialized courts handling infringement disputes. The Korean Intellectual Property Office (KIPO) offers efficient examination procedures, ensuring the patent’s strength during litigation or licensing negotiations.
Implications for Stakeholders
Pharmaceutical Innovators and R&D
The patent’s claims protect considerable R&D investment, allowing patentees to commercialize novel compounds and therapeutics in Korea. However, competitors may explore structure-activity relationship (SAR) modifications or alternative synthesis pathways to design around the patent.
Generic Manufacturers
The broad compound claims pose high barriers for generic development. However, legal challenges like patent invalidation or designing non-infringing analogous compounds remain strategic options.
Investors and Business Strategists
The patent reinforces the value of targeted pharmaceutical portfolios. Investors should monitor patent family expansions, licensing opportunities, and potential patent expiration timelines influencing market dynamics.
Conclusion
Patent KR20170036116 exemplifies South Korea’s strategic utilization of patent law to safeguard innovative therapeutics involving novel chemical entities. Its scope covers a broad class of compounds with specific therapeutic applications, and it operates within a dense patent landscape that balances innovation incentives with legal protections.
Key Takeaways
- The patent claims cover a broad spectrum of chemical structures, with specific use cases in inflammatory and autoimmune diseases.
- Its strategic inclusion of composition, synthesis, and therapeutic method claims enhances enforceability.
- The patent landscape for pharmaceuticals in South Korea is highly competitive, with dense IP layers and active litigation.
- Stakeholders should assess patent validity, explore design-around strategies, and consider global patent family counterparts.
- Continuous monitoring of patent lifecycle events is vital for effective lifecycle management and market strategy.
FAQs
1. How does KR20170036116 compare to similar patents in other jurisdictions?
KR20170036116’s claims are aligned with global patent standards—covering compound structure, synthesis, and use—but may be narrower or broader depending on regional patent laws. International filings through PCT or direct filings in other jurisdictions are common strategies to extend protection.
2. Can competitors develop similar drugs without infringing this patent?
Yes. Competitors can explore structurally distinct compounds outside the scope of the claims or develop alternative therapeutic methods that do not fall within the patented claims.
3. What is the typical lifespan of this patent in South Korea?
Patents in South Korea are granted for 20 years from the filing date. Assuming standard extensions, KR20170036116 is valid until around 2037, barring invalidation or patent term adjustments.
4. Are there ongoing patent disputes related to KR20170036116?
Public records indicate no known litigation or opposition cases presently, but the patent’s broad claims may attract future challenges or licensing negotiations.
5. How does South Korea’s patent system support innovative drug development?
Korea’s system offers rapid examination procedures, robust enforcement, and participation in international patent treaties, creating a conducive environment for pharmaceutical innovation and commercialization.
References:
[1] South Korea Intellectual Property Office (KIPO) Patent Database, KR20170036116.
[2] World Intellectual Property Organization (WIPO), Patent Scope for international patent family.
[3] Patent Law of South Korea, KIPO Guidelines.
