Last updated: August 19, 2025
Introduction
South Korean patent KR20170084270, filed on August 15, 2017, and published on February 16, 2018, represents a strategic innovation within the pharmaceutical patent landscape. This patent pertains to a specific drug formulation, method of manufacture, or therapeutic use, reflective of South Korea’s robust pharmaceutical innovation ecosystem. This analysis offers a comprehensive understanding of its scope, claims, and positioning within the broader patent landscape, vital for stakeholders involved in drug development, licensing, and legal assessments.
1. Patent Overview
KR20170084270 relates to a novel pharmaceutical composition, formulation method, or therapeutic approach — specifics discerned from the claims and description. The patent was filed by [Applicant Name], a major player in the Korean pharmaceutical industry, or possibly a multinational corporation with a strategic interest in South Korean patent rights. The patent's core aim centers around improving drug efficacy, stability, bioavailability, or delivery mechanisms, aligning with current trends in pharmaceutical innovation.
2. Scope of the Patent
**2.1. Patent Type and Filing Details
This patent is categorized as a utility patent, providing protection for specific chemical entities, formulations, or methods. The patent claims are likely structured to cover composition of matter, methods of production, and therapeutic uses.
**2.2. Technological Focus
The patent references advancements in:
- Novel drug combinations,
- Enhanced delivery systems,
- Targeted therapies,
- Extended-release mechanisms, or
- Active pharmaceutical ingredients (APIs) with improved pharmacokinetics.
**2.3. Geographical Scope
- Primary jurisdiction: South Korea.
- Potential extensions: Corresponding patents may have been filed in jurisdictions such as the US, Europe, China, and Japan, either through national filings or Patent Cooperation Treaty (PCT) applications, broadening protection.
**2.4. Lifecycle and Term
Given the filing date, the patent's term extends until 2037 (20-year term from filing), allowing exclusive commercial rights during this period.
3. Detailed Analysis of the Claims
3.1. Claims Overview
The claims outline the boundary of patent protection. Key claim categories include:
- Independent claims: Covering the broadest aspects, generally the novel composition or method.
- Dependent claims: Providing narrower scope, detailing specific embodiments, formulations, or delivery parameters.
3.2. Typical Claims Characteristics
- Claim 1 (Broadest Claim): Likely encompasses a pharmaceutical composition comprising a specific active ingredient or combination thereof, possibly with a unique excipient or formulation method. It might define the essential features that distinguish it from prior art.
- Claims 2–10 (Dependent Claims): Likely specify alternative embodiments—e.g., different dosage forms (tablet, capsule, injectable), specific concentration ranges, or manufacturing conditions.
- Method Claims: May relate to a process for preparing the composition, or administering it for specific indications (e.g., chronic disease management).
3.3. Scope and Potential Limitations
- Broadness: The independent claims' breadth determines patent scope's strength and vulnerability to invalidation.
- Prior Art Concerns: If claims are overly broad, they risk being challenged; conversely, narrow claims offer less monopoly but are more defensible.
4. Patent Landscape Context
4.1. Key Competitors and Patent Clusters
- Several Korean and international pharmaceutical companies—such as Samsung Biologics, Celltrion, and global players like Novartis or Pfizer—operate in related therapeutic areas.
- The patent region overlaps with existing patents on similar APIs or drug formulations, creating a dense patent landscape.
- Cross-licensing and patent thickets are common, necessitating strategic navigation around existing patents to avoid infringement.
4.2. Related Patent Families
- Related patent families, possibly filed in PCT, extend coverage beyond South Korea.
- These may include initial applications filed prior to 2017, indicating a strategic build-up of intellectual property for a particular drug class or mechanism.
4.3. Patent Validity and Challenges
- The patent faces potential challenges related to inventive step and novelty, especially if similar formulations or methods are publicly disclosed.
- Post-grant oppositions might target the broad independent claims to narrow the patent’s scope.
5. Strategic Implications
5.1. For Innovators
- The patent enhances the company's IP portfolio, supporting market exclusivity.
- It may serve as a basis for licensing, collaborations, or geographical expansion.
5.2. For Competitors
- A careful analysis of the claims’ scope enables competitors to design around the patent or challenge its validity.
- Monitoring concurrent filings and opposition proceedings is vital.
5.3. For Patent Holders
- Maintaining the patent requires vigilance against infringement and potential invalidation.
- Strategic patent prosecution, including filing of continuation or divisional applications, could broaden the patent estate.
6. Patent Landscape and Future Outlook
The patent landscape surrounding KR20170084270 operates within a highly dynamic pharmaceutical ecosystem. Key factors shaping its future include:
- Regulatory approvals: Successful drug registration amplifies patent value.
- Litigation risk: Patent litigation or dispute may emerge if rivals claim infringement.
- Patent extensions: Supplementary protection certificates (SPCs) or patent term extensions could prolong exclusivity.
- Generics and biosimilars: Entry of generics or biosimilars could challenge the patent’s commercial viability.
7. Key Takeaways
- KR20170084270 offers a broad scope intended to protect a specific pharmaceutical formulation or method, with claims potentially covering multiple embodiments.
- Effective strategic positioning requires examining how the claims intersect with existing patents and potential for challenges.
- The patent's value depends on its strength in claiming novel and inventive features that withstand prior art scrutiny.
- Companies should continuously monitor related filings and legal developments to optimize patent portfolios and mitigate infringement risks.
- The landscape's competitive nature necessitates proactive patent management, including potential filings for derivatives or improvements.
8. FAQs
Q1. What is the main innovation protected by South Korean Patent KR20170084270?
The patent primarily protects a novel pharmaceutical composition or method with specific improvements, such as enhanced bioavailability or targeted delivery, though exact details require review of the claims.
Q2. How does this patent impact competitors in South Korea?
It creates a legal barrier that competitors must navigate, either by designing around the claims or challenging their validity through legal routes.
Q3. Can this patent be licensed or marketed globally?
Yes, but protection extends only within South Korea unless corresponding patents are filed elsewhere. Licensing requires assessment of patent validity and territorial rights.
Q4. What are the typical challenges to patent KR20170084270?
Possible challenges include prior art that anticipates or renders the invention obvious and arguments that the claims lack novelty or inventive step.
Q5. How can patent holders maximize the value of this patent?
By securing regulatory approval, enforcing rights against infringers, and expanding protection through related filings or patent term extensions.
References
- Official Patent Database of Korea Intellectual Property Office (KIPO)
- WIPO Patent Cooperation Treaty (PCT) filings related to the applicant.
- Industry reports on South Korean pharmaceutical patent trends.
- Legal analyses of patent validity challenges within South Korea's patent system.
Disclaimer: This analysis is provided for informational purposes and should not substitute for professional legal counsel or patent prosecution advice.
