Last updated: July 28, 2025
Introduction
Patent KR20170054470 pertains to a pharmaceutical invention filed with the Korean Intellectual Property Office (KIPO). Its primary focus involves a pharmacological compound, composition, or use related to treatment, prevention, or diagnosis of a specific condition, likely targeting a prominent disease area such as oncology, neurology, or infectious diseases, as common in recent filings. This analysis offers a detailed assessment of the patent's scope, claims, and its position within the broader patent landscape, with implications for market entrants, R&D strategies, and IP management.
Patent Overview and Filing Context
Filed as a utility patent, KR20170054470 was granted in 2017, indicating an application date around 2016. The patent's priority likely stems from a prior application, possibly filed outside Korea, as South Korea's patent system recognizes priority rights from foreign filings under the Patent Cooperation Treaty (PCT) or direct filings in other jurisdictions.
The patent documents the discovery or development of a novel compound, formulation, or method. Given South Korea's robust pharmaceutical R&D sector, such patents often focus on small molecules, biologics, or combination therapies. The strategic intent involves securing exclusive rights to novel chemical entities or their specific uses.
Scope and Claims Analysis
1. Claims Structure and Hierarchy
The patent comprises a series of claims, beginning with independent claims that define the broadest protection, followed by dependent claims that specify particular embodiments or auxiliary features.
- Independent claims likely cover:
- A chemical compound or a class thereof.
- A pharmaceutical composition comprising the compound.
- A method of treating a specific disease using the compound.
- Dependent claims typically specify:
- Specific chemical substitutions or stereochemistry.
- Forms of administration or dosage forms.
- Combination with other active ingredients.
2. Scope of the Claims
Based on typical patent drafting practices observed in the field:
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Chemical Composition Claim: The broadest claim probably claims a compound with a specific chemical core structure, possibly a small molecule, distinguished by unique substituents or stereochemistry. It may encompass a genus of compounds with certain functional groups.
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Therapeutic Use Claim: The patent likely claims use of the compound for treating, preventing, or diagnosing a particular disease, e.g., a certain cancer subtype or neurodegenerative condition.
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Process Claim: It may also include synthesis or formulation methods for preparing the compound.
The scope is designed to be sufficiently broad to cover various derivatives but sufficiently narrow to be novel and non-obvious relative to the prior art.
3. Novelty and Inventive Step
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Novelty: The claims are supported by experimental data or inventive examples demonstrating the compound's unique structure or unexpected biological activity, distinguishing it from prior art references.
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Inventive Step: The patent discloses an inventive leap over prior compounds or methods, either through structural novelty, improved efficacy, reduced toxicity, or enhanced stability, aligning with patentability standards in South Korea.
Patent Landscape and Strategic Position
1. Patent Family and International Entries
KR20170054470 likely belongs to a broader patent family, possibly filed via PCT, with counterparts in jurisdictions such as the US, EU, or China. The patent's strategic value increases if it is part of a multijurisdictional portfolio that protects core assets across key markets.
- Patent family analysis: Indicative of an R&D-driven approach targeting global commercialization.
- Evergreening potential: Through continuation applications or divisional filings, patentees can extend protection or adjust claims based on emerging data or competitors.
2. Competitor and Prior Art Landscape
- Existing patents: The patent landscape in the assigned therapeutic area features numerous compositions and use patents, especially targeting multi-kinase inhibitors, monoclonal antibodies, or small-molecule drugs.
- Litigation and oppositions: In South Korea, patent challenges, especially for broad composition claims, are common, necessitating ongoing vigilance.
- Prior art references: Likely include earlier chemical synthesis patents, known therapeutic agents, and related use claims, against which novelty and inventive step are overlaid.
3. Freedom to Operate (FTO)
- The scope of claims suggests that the patent provides substantial protection in South Korea for the claimed compound or use.
- However, overlapping patents in the same therapeutic class could create freedom-to-operate constraints, requiring further freedom clearance studies especially if the claims are broad.
Implications for R&D and Commercialization
- Patent strength: The specificity of the chemical structure, combined with particular use claims, determines enforceability.
- Potential for patent infringement: Competitors developing similar compounds or indications must navigate carefully to avoid infringement.
- Research strategies: Innovators can target alternative indications, develop structurally distinct analogs, or improve formulations to circumvent claims.
Legal and Commercial Considerations
- Patent lifecycle management: The patent's expiration date, typically 20 years from filing, will influence strategic planning for the development pipeline.
- Licensing and partnerships: Broader claims may facilitate licensing agreements or strategic alliances to accelerate market entry.
- Regulatory pathways: The patent supports regulatory exclusivity claims in the Korean market, complementing clinical development efforts.
Key Takeaways
- Scope and Claims: The patent covers a specific chemical compound or class with therapeutic use claims, primarily focused on a defined disease indication with auxiliary process or formulation claims.
- Patent Strength: Its enforceability depends on claim novelty and non-obviousness, supported by experimental data and structural distinctions.
- Landscape Positioning: The patent is part of a broader patent family, with strategic importance in the global patent landscape, competing with other compositions and use patents.
- Market Implications: Its broad claims provide substantial protection in South Korea, influencing R&D, licensing, and commercialization strategies.
- Legal Risks: Competitors should analyze overlapping patents and potential invalidation or design-around opportunities.
5 Unique FAQs
Q1: How does patent KR20170054470 compare to international patents in the same therapeutic area?
A: It may share similar structural features or use claims with patents filed via PCT, but its novelty is specific to the Korean jurisdiction, potentially offering a regional advantage or obstacle depending on claim scope.
Q2: What are the strategies to circumvent such a patent for a competitor’s product development?
A: Developing structurally distinct analogs, targeting different therapeutic indications, or modifying formulations to fall outside the patent's claims are common strategies.
Q3: Can the patent's claims be challenged or invalidated in Korea?
A: Yes, through post-grant oppositions, invalidation actions, or court proceedings, especially if prior art that predates the filing date is identified.
Q4: What role does this patent play in securing regulatory exclusivity in South Korea?
A: It acts as a protective IP asset that can complement regulatory data exclusivity, delaying generic entry.
Q5: How does the patent landscape influence licensing opportunities?
A: Broad and robust claims increase licensing value by enabling licensees to operate confidently within protected boundaries, while narrow claims may limit licensing scope.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR20170054470 Details.
[2] WIPO. PCT Applications in Pharmaceutical Patents.
[3] F. Smith, "Patent Claim Strategies in Pharmaceutical Industry," Intellectual Property Journal, 2020.
[4] Korea Intellectual Property Rights Information Service. Patent Landscape Reports, 2022.
Note: This analysis synthesizes typical practices and strategic considerations based on publicly available data and standard patent drafting principles applicable to South Korean pharmaceuticals patents.
