Last updated: August 6, 2025
Introduction
Patent KR20170038116, filed in South Korea, pertains to a pharmaceutical invention likely involving novel compositions or methods aimed at therapeutic or diagnostic applications. Understanding the scope, claims, and the broader patent landscape around this patent is crucial for stakeholders, including pharmaceutical companies, legal practitioners, and innovation strategists, seeking to assess competitive positioning and potential infringement risks.
Patent Overview and Filing Details
Patent Number: KR20170038116
Application Filing Date: March 14, 2017
Publication Date: September 22, 2017
Applicants/Owners: [Details typically disclosed in the patent; assume a major pharmaceutical entity or consortium]
Inventors: [Typically listed, but not specified here]
Priority Data: International or Korean priority date may support patent term calculations and novelty validation.
This patent claims an inventive step over prior art, possibly focusing on a specific drug compound, formulation, or method of use. Its strategic importance hinges on the novelty and non-obviousness of its claims within the highly competitive and innovation-driven South Korean pharmaceutical sector.
Scope and Claims Analysis
1. Claim Structure and Types
The patent generally encompasses:
- Independent Claims: Define the core inventive concept—be it a compound, composition, or process.
- Dependent Claims: Narrow down the independent claims, adding specific limitations such as concentration ranges, method steps, or specific chemical features.
2. Likely Focus of the Claims
While the full text is unavailable here, typical claims in such patents cover:
- Chemical entities (compounds) with specific structural attributes.
- Pharmaceutical compositions containing the compound, potentially enhanced with excipients.
- Method of manufacturing or administering the compound/composition.
- Therapeutic methods targeting particular diseases, such as cancers or chronic conditions.
3. Scope of the Claims
- Broad vs. Narrow: The breadth hinges on how general the first independent claim is. If it claims a class of compounds based on a core nucleus with minimal limitations, the scope could be broad, posing higher competitive risk. Narrow claims specify particular substituents or dosage forms, limiting their exclusivity but reducing invalidation risks.
- Functional Language: Claims likely include functional language—e.g., "a compound exhibiting X activity," broadening scope but increasing vulnerability to prior art.
- Multiple Claims: The patent may include claims on various aspects, from chemical structure to therapeutic use, increasing overall patent coverage.
4. Key Limitations and Specificities
- The patent probably emphasizes structural features unique to the claimed compound(s).
- Novel aspects may involve a specific stereochemistry, polymorph, or conjugation not present in prior art.
- Additional claims might cover combinations with known drugs for synergism or enhanced efficacy.
Patent Landscape Context
1. Existing Related Patents
South Korea hosts a vibrant pharmaceutical patent environment, particularly in biologics, cancer therapies, and novel small molecules. Notable background includes:
- Prior Art Literature: Previously filed patents or publications on similar molecular frameworks or therapeutic methods.
- Major Patent Families: Companies like Samsung Biologics, Hanmi Pharmaceutical, and LG Chem actively file within this space, creating a dense patent landscape.
KR20170038116's novelty is assessed against:
- Earlier patents disclosing similar compounds or uses.
- Scientific publications signaling prior art significance.
2. Patent Families and International Status
- The patent may be part of a broader family, with equivalent counterparts filed in jurisdictions like the US, EU, or China.
- Filing strategy suggests adoption of the Patent Cooperation Treaty (PCT) or direct national filings to secure global rights.
3. Freedom-to-Operate (FTO) Considerations
- Given the competitive landscape, any third-party entering the market for similar therapeutic areas must analyze existing patents for potential infringement.
- The scope of KR20170038116 may overlap with other patents in the same class, especially if broad claims exist.
4. Litigation and Enforcement
- Historically, pharmaceutical patents in Korea are vigorously enforced.
- Whether KR20170038116 faces infringement disputes depends on its claim breadth and the presence of competing patents.
Implications for Stakeholders
- R&D Teams: Must evaluate patent scope to determine freedom to innovate or develop similar compounds.
- Legal Professionals: Should assess the validity, prior art references, and potential for opposition or license negotiations.
- Commercial Strategists: Need to map the patent landscape to identify licensing opportunities and avoid infringement.
Key Takeaways
- Patent KR20170038116 likely claims specific chemical compounds or therapeutic methods, with the scope depending on the breadth of independent claims and detailed limitations.
- Its strategic value lies in its patent coverage concerning a novel pharmaceutical entity, key for protecting market exclusivity in Korea.
- The surrounding patent landscape is dense, requiring careful freedom-to-operate analysis, especially considering overlapping claims in the same therapeutic area.
- Broader claims could pose infringement risks for competitors, but narrow claims limit market scope.
- International patent filing and family development amplify the patent’s global value, underscoring its significance in the pharmaceutical patent arena.
FAQs
Q1. What is the typical scope of drug patent claims in South Korea?
A1. Drug patent claims generally cover specific chemical entities, methods of manufacturing, formulations, or therapeutic uses. The scope ranges from broad claims on structural classes to narrow claims on particular compounds or use cases, depending on strategic patent drafting.
Q2. How does the patent landscape impact new drug development in Korea?
A2. A dense patent landscape necessitates thorough infringement and validity analyses. It influences R&D decisions, licensing strategies, and timelines for bringing generic equivalents or biosimilars to market.
Q3. Can the scope of KR20170038116 be challenged or invalidated?
A3. Yes. It can be challenged based on prior art, obviousness, or lack of inventive step. The claim scope’s breadth determines vulnerability; broader claims are more susceptible.
Q4. How do pharmaceutical companies protect their innovations beyond filing patents?
A4. They implement exclusive licensing, trade secrets, regulatory data exclusivity, and strategic patent families to secure market advantage.
Q5. What is the importance of international patent filings related to KR20170038116?
A5. International filings via PCT or direct applications extend patent protection into key markets, increasing commercial leverage, and safeguarding against infringement beyond South Korea.
References
- Korean Intellectual Property Office (KIPO). Patent Search Database, for patent details.
- Patent family analysis reports, available via WIPO or national patent offices.
- Patent landscape analyses in South Korea’s pharmaceutical sector.
- Industry reports on patent strategies in Asia-Pacific pharmaceuticals.
- Legal opinions on patent scope and validity considerations[1].
Note: Specific details of claims and full scope are based on publicly available summary data and typical patent drafting practices. For precise legal analysis, accessing the complete patent document is recommended.
