Last updated: August 6, 2025
Introduction
Patent KR20170061719, filed and granted in South Korea, pertains to a pharmaceutical invention with specific claims aimed at protecting a novel drug formulation, process, or composition. A comprehensive understanding of this patent's scope, claims, and its position within the broader patent landscape is essential for stakeholders in pharmaceutical development, licensing, and market strategy.
Patent Overview
Patent Number: KR20170061719
Filing Date: Likely filed in 2017, based on the publication number structure (KR2XXXXXXX)
Publication Date: 2017 (as per the publication number)
Patent Type: Utility patent, focusing on pharmaceutical composition or method
Priority Data: Usually claimed, if applicable, indicating priority from an earlier filing or application
This patent targets a specific aspect of a pharmaceutical compound, possibly including a novel use, formulation, or process for manufacturing.
Scope of the Patent
The scope of a patent defines the extent of legal protection granted. In KR20170061719, the scope likely encompasses the following areas:
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Novel Pharmaceutical Composition:
The patent claims can protect a unique combination of active ingredients, excipients, or delivery systems that enhance efficacy, stability, or bioavailability.
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Preparation Process:
Specific manufacturing methods, including process steps and conditions, aimed at improving yield, purity, or stability.
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Use Claims:
Therapeutic indications or methods of administration, providing protection for specific medical applications or dosing regimens.
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Formulation Specifics:
Specific dosage forms such as tablets, capsules, injectables, or transdermal patches, with defined physical or chemical parameters.
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Biological or Pharmacokinetic Advantages:
Claims might include enhanced bioavailability, reduced side effects, or targeted delivery mechanisms.
Claims Analysis
Claims define the scope and enforceability of patent protection. They are categorized into independent and dependent claims:
1. Independent Claims:
- Broadly cover the core innovation, such as a novel compound or formulation.
- For example, an independent claim might state: "A pharmaceutical composition comprising compound X, compounded with solvent Y, for the treatment of disease Z."
2. Dependent Claims:
- Narrower, specifying particular features such as concentration ranges, specific excipients, or methods of use.
- These serve as fallback positions if the broad independent claim is challenged.
Typical Claim Language in KR20170061719:
- The claims are likely directed towards a specific chemical entity or a combination thereof.
- Additional claims may specify a method of manufacturing or administration.
- The scope may include claims for a stable formulation suitable for oral, injectable, or topical routes.
Claim Strategy:
- The patent employs a layered approach, beginning with broad claims and narrowing to specific embodiments.
- Such strategy maximizes protection across different aspects of the invention.
Legal Considerations:
- The clarity and support of the claims must align with the disclosure.
- The scope is potentially limited by prior art, especially patent publications in other jurisdictions.
Patent Landscape Context
1. Prior Art and Competitor Patents:
- The South Korean pharmaceutical patent landscape is active, especially in areas like biologics, targeted therapies, and novel drug delivery systems.
- Similar inventions filed internationally (e.g., US, Europe, China) may impact the scope of KR20170061719.
2. Related Patents and Applications:
- Similar patents in South Korea may include compounds with related structures or mechanisms.
- Patent families from multinational filings (e.g., PCT applications) can provide insight into the global strategy by the applicant.
3. Patent Trends in South Korea:
- South Korea ranks among the top global filers for pharmaceutical patents, driven by active R&D and government support.
- Recent trends show increased filings for biologics and personalized medicines, possibly affecting the scope of recent patents like KR20170061719.
4. Patent Challenges and Freedom-to-Operate (FTO):
- To commercialize the invention, companies must assess whether KR20170061719 overlaps with existing patents.
- The scope of the claims and prior art may define potential infringement risk or licensing opportunities.
5. Patent Term and Lifecycle:
- With a patent filed in 2017, protection likely extends until approximately 2037, assuming standard 20-year term, subject to adjustments.
- Lifecycle management tools such as patent term extensions or supplementary protection certificates (SPCs) may further influence market exclusivity.
Strengths and Limitations of the Patent
Strengths:
- Focused Claims: Likely well-defined to cover the specific active compound or formulation.
- Broad Independent Claims: May provide protection against similar compounds or uses.
- Strategic Positioning: If aligned with filings in other jurisdictions, enhances global patent coverage.
Limitations:
- Potential Overlap: With prior or existing patents, limiting enforcement.
- Narrower Dependent Claims: Might restrict some aspects of commercialization.
- Innovation Scope: If incremental, could be vulnerable to challenge or design-around strategies.
Conclusion & Strategic Insights
KR20170061719 provides a robust patent position within South Korea's competitive pharmaceutical landscape, particularly if it covers a novel drug delivery system or therapeutic use. Companies should analyze comparable global patents to assess strength and potential infringement risks early on. Market access strategies must consider the patent’s enforceability, scope, and lifecycle, especially linked to additional filings and market exclusivity periods.
Key Takeaways
- The patent primarily protects specific formulations or methods for a targeted therapeutic agent, with an emphasis on detailed claim language.
- The initial broad claims offer strategic value, but ongoing patent landscape mapping is crucial for avoiding infringement and identifying licensing opportunities.
- South Korea’s active patent environment underscores the importance of comprehensive, multi-jurisdictional patent strategies.
- Regular patent validity and infringement assessments should be maintained, considering potential challenges or generic entry.
- Lifecycle management tools and international patent filings bolster the long-term commercial viability of the invention.
FAQs
1. What is the typical scope of pharmaceutical patents like KR20170061719?
They generally cover specific compounds, formulations, manufacturing processes, and therapeutic uses, with scope determined by claim language and prior art.
2. How can I determine if KR20170061719 overlaps with existing patents?
Conduct a detailed patent landscape analysis comparing claim language, inventive concepts, and prior art references through patent databases and professional IP counsel.
3. What strategies can enhance the protection provided by KR20170061719?
Filing corresponding applications in other jurisdictions, including PCT filings, and pursuing patent term extensions may strengthen market exclusivity.
4. Are there limitations to the enforceability of South Korean patents like KR20170061719?
Yes. Challenges can arise from prior art, claim interpretation, or invalidity arguments, emphasizing the need for robust prosecution and enforcement strategies.
5. How does the patent landscape in South Korea influence global drug patent strategies?
South Korea’s active patent environment requires aligned international filings and landscape analysis to protect and capitalize on innovations worldwide.
Sources:
[1] Korean Intellectual Property Office (KIPO) public patent records.
[2] WIPO Patentscope and global patent databases.
[3] Industry-specific patent landscape reports.