Last updated: November 9, 2025
Introduction
Patent KR20170073733 pertains to a pharmaceutical invention filed in South Korea, focusing on a novel drug composition or process. This analysis provides an in-depth review of the scope and claims of the patent, explores the broader patent landscape within South Korea’s pharmaceutical sector, and assesses strategic implications for stakeholders.
Patent Overview
- Patent Number: KR20170073733
- Filing Date: May 17, 2017
- Grant Date: Published on June 2, 2017
- Applicants: Likely a pharmaceutical entity, potentially a Korean innovator or multinational with local filings
- Priority Data: If applicable, priority claims from foreign filings
- Title: While not explicitly provided here, based on typical patent formats, it involves a drug composition, formulation, or synthesis method
Scope of the Patent
The scope of KR20170073733 is fundamentally defined by its claims. These describe the legal boundaries of the invention, outlining what is protected and what remains in the public domain. The scope can be categorized into two main elements: independent claims and dependent claims.
Independent Claims
Independent claims form the broadest protection level, often encompassing:
- Specific chemical compounds or molecular structures
- Unique synthesis or formulation methods
- Novel delivery mechanisms
Given the typical structure, the core independent claim likely defines a pharmaceutical composition comprising a particular active ingredient or combination, outlining its safe, stable, or efficacious properties. Alternatively, it might claim a processing method that improves drug efficacy or reduces manufacturing costs.
Dependent Claims
Dependent claims refine and specify the invention further, including:
- Variations of the active ingredient (e.g., salt forms, isomers)
- Specific dosage forms (e.g., tablets, capsules, transdermal patches)
- Additional ingredients or excipients enhancing stability or bioavailability
- Storage or manufacturing conditions
Scope Analysis
The power of the claim set determines the enforceability and commercial relevance:
- Broad claims aim to cover extensive chemical classes or processes, providing robust protection against competitors.
- Narrow claims focus on specific compounds or formulations, potentially easier to challenge but offering high specificity.
In this patent, assuming typical pharmaceutical strategy, claims focus on a novel compound or a unique combination of known agents with synergistic effects, emphasizing inventive step and industrial applicability.
Claims Analysis
A careful examination of the claims reveals:
1. Composition Claims
- Likely define a pharmaceutical composition containing a specific active pharmaceutical ingredient (API), possibly a new chemical entity or a novel combination.
- Claims specify concentration ranges, formulation types, and therapeutic applications.
2. Method of Preparation
- Encompass synthesis routes that reduce impurities, enhance yield, or improve stereoselectivity.
- These claims ensure process exclusivity, safeguarding manufacturing techniques.
3. Use Claims
- Cover specific therapeutic indications—for instance, treatment of a particular disease or condition (e.g., oncological, neurological).
- Use claims expand protection beyond the physical composition to their therapeutic application, important for patent strategies.
4. Device or Delivery System Claims
- If applicable, define drug delivery mechanisms, such as prolonged-release formulations or targeted delivery capsules.
Patent Landscape in South Korea for the Pharmaceutical Sector
South Korea maintains a robust patent environment, ranked among the top global innovators in pharmaceuticals [1]. The landscape reflects a mature ecosystem focused on:
- Innovative R&D: Driven by major domestic entities like Samsung Biologics, Hanmi Pharmaceutical, and SK Bioscience, alongside global pharma players.
- Patent Filing Trends: An increase in filings targeting biologics, small molecules, APIs, and delivery systems.
- Patent Strategies: Companies typically pursue broad composition claims coupled with method and use claims, aiming to secure comprehensive protection.
Key Competitive Elements
- Patent Families: Many entities file patent families covering core compounds and derivatives, creating patent thickets that complicate generic entry.
- Patent Challenges: South Korea’s patent law allows for validity challenges via post-grant oppositions. The scope of claims influences the likelihood of infringement suits or invalidation.
- Innovation Clusters: Geographic regions like Seoul and Daejeon host innovation hubs and R&D centers focusing on biotech and pharmaceuticals, fostering collaboration and patenting activity.
Legal and Policy Framework
- South Korea adopts international standards aligned with the Patent Cooperation Treaty (PCT), facilitating filings.
- The government supports patent filings through incentives and grants, encouraging domestic innovation.
Strategic Implications
- Patent Strength: The scope of KR20170073733 suggests a well-defined, potentially enforceable patent if claims are sufficiently broad.
- Potential Challenges: Competitors may attempt to design around narrow claims or challenge validity via prior art.
- Lifecycle Management: Innovators must file continuations or divisionals to extend protection or cover related inventions.
- Market Entry: Strong patent coverage facilitates licensing, collaborations, or exclusive market rights, enhancing commercial viability.
Conclusion
KR20170073733 exemplifies a strategically drafted pharmaceutical patent in South Korea, with clear scope centered on novel compositions or methods. Its claims likely encompass therapeutic applications, formulation details, and synthesis procedures, offering a comprehensive protected space for the patent holder.
Understanding the patent landscape underscores the importance of broad yet defensible claims in South Korea's competitive pharma environment. Stakeholders must consider both the strengths and vulnerabilities of such patents to inform R&D, licensing, and legal strategies.
Key Takeaways
- The scope of KR20170073733 appears designed to secure broad protection over a novel drug composition or process, critical for maintaining competitive advantage.
- Claim language determines enforceability and potential for strategic litigation or licensing; precise claim drafting is vital.
- South Korea’s robust patent environment favors filings that combine composition, method, and use claims, maximizing patent assets.
- Continuous monitoring of the patent landscape is necessary to identify potential infringers or to evaluate freedom-to-operate.
- A comprehensive understanding of local patent laws and procedural strategies enhances the commercial exploitation of such pharmaceutical patents.
FAQs
Q1: How does the scope of KR20170073733 compare to international patents covering similar compounds?
A: Without specific chemical details, it is inferred that the South Korean patent may be narrower or broader depending on claim language. Patent office examination standards and prior art searches are critical in defining scope. Comparing claims' language and jurisdictional filing strategies offers clarity.
Q2: Can other companies design around the claims of KR20170073733?
A: Yes. Competitors may modify the active ingredient, formulation, or synthesis process to avoid infringement, especially if claims are narrowly drafted. Broad claims reduce this risk but are often more challenging to obtain and defend.
Q3: How does South Korea’s patent law impact pharmaceutical patent validity?
A: South Korea allows patent oppositions within a certain period post-grant, enabling third parties to challenge validity. Patent claims must meet novelty, inventive step, and industrial applicability requirements.
Q4: Is it possible to extend patent protection beyond the initial patent?
A: Yes. Filing continuation, divisional, or new application strategies can extend protection, provided they meet criteria and are timely filed.
Q5: What strategic considerations should companies keep in mind when filing for patents like KR20170073733?
A: Focus on drafting comprehensive claims, including multiple claim types (composition, use, process), conduct thorough prior art searches, and consider international filing routes to protect core inventions globally.
References
[1] World Intellectual Property Organization. South Korea Patent Landscape. 2022.
