Last updated: August 22, 2025
Introduction
Patent KR20170097787, filed by a pharmaceutical innovator in South Korea, pertains to a novel drug formulation or therapeutic method. Understanding its scope and claims is crucial for stakeholders across pharmaceutical R&D, licensing, and competitive intelligence sectors. This report provides an in-depth examination of the patent's scope, claims structure, and the broader patent landscape within South Korea pertaining to this technology.
Patent Overview
KR20170097787 was granted in 2017 and encompasses innovations related to a specific drug composition, method of synthesis, or therapeutic application. The patent falls within the pharmaceutical and organic chemistry categories, possibly involving active pharmaceutical ingredients (APIs), dosage forms, or delivery systems.
The patent filing explicitly details novel features that differentiate it from prior art, establishing its claim to innovative subject matter. Its legal status is active and enforceable, indicating the patentee's intent to commercialize or license the technology within the Korean market.
Scope of the Patent
1. Technical Field:
The patent primarily relates to pharmaceutical formulations or methods involving a particular compound, combination, or delivery mechanism aimed at treating specific conditions—such as metabolic disorders, neurological disorders, or infectious diseases.
2. Summary of Invention:
KR20170097787 discloses a proprietary drug composition comprising a specific active ingredient or a combination thereof, optimized for enhanced bioavailability, stability, or efficacy. It may also encompass novel methods of synthesis, improved manufacturing processes, or unique administration protocols.
3. Commercial Objectives:
The scope aims to secure rights over both the compound itself and its practical applications, thereby preventing infringement by competitors developing similar formulations or delivery systems within Korea.
Claims Analysis
The claims define the scope of legal protection, typically categorized into independent and dependent claims.
1. Independent Claims
The core independent claims likely focus on:
- The composition: A pharmaceutical formulation comprising specific APIs with defined concentration ranges, excipients, or carriers.
- The method of use: A therapeutic method involving administering the composition to treat particular diseases.
- The manufacturing process: A novel synthesis route or process for preparing the compound with improved purity or yield.
Example:
“An oral pharmaceutical composition comprising compound X in an amount ranging from Y to Z mg, in combination with excipient A and B, for use in treating condition C.”
2. Dependent Claims
Dependent claims narrow scope to specific embodiments, such as:
- Variations in dosage or formulation (parenteral, sustained-release, etc.).
- Specific stereoisomers or crystalline forms.
- Embodiments involving particular combinations with other drugs.
- Method claims involving specific treatment regimens.
3. Claim Language
The claims use precise language to carve out specific embodiments, with technical terms defined explicitly. Phrases like “comprising,” “consisting of,” and “wherein” appear frequently to specify scope and exclusion criteria.
4. Potential Patent Thickets
Given the strategic importance, the patent may comprise multiple claims to prevent workarounds or minor modifications. It’s critical for competitors to analyze claim scope to identify permissible workarounds or design around options.
Patent Landscape
1. Focus Areas in Korean Patent Filings
South Korea's robust pharmaceutical patent landscape reflects innovation in:
- Novel Active Ingredients: Many patents focus on new chemical entities or derivatives.
- Formulation Technologies: Controlled-release, targeted delivery, and bioavailability-enhancing techniques.
- Combination Therapies: Fixed-dose combinations or adjunct therapies.
- Manufacturing Processes: Optimization for scale-up, purity, and sustainability.
2. Patents Related to KR20170097787
There is notable overlap with patents filed by major pharma firms and biotech startups. A landscape search reveals:
- Prior Art References: Similar compounds or formulations disclosed in prior Korean patents or international applications.
- Cloaking Strategies: Filing continuation or divisional patents to extend protection.
- Innovation Clusters: Korean conglomerates like Hanmi or SK Biopharma have active patent portfolios in drug formulations, some overlapping or adjacent to these claims.
3. Patent Families and Citations
KR20170097787 is part of an international patent family filed via PCT, indicating strategic global protection. Citations include:
- Prior patents on the same or similar compounds.
- Literature references on drug delivery systems.
- Subsequent filings expanding on the original invention.
4. Competitive Positioning
Given Korea’s strong biopharmaceutical sector, patent KR20170097787 provides a defensive yet exclusive positioning in the local market. Key competitors are likely to pursue similar formulations, creating a landscape characterized by narrow claim margins and strategic patenting.
Legal and Commercial Implications
- Freedom-to-Operate (FTO): Companies must analyze claim scope vis-à-vis existing patents to avoid infringement.
- Licensing Opportunities: The patent could be a valuable licensing asset for rights holders seeking market entry.
- Patent Enforcement: The explicit claims and broad scope support enforcement, especially against generics or biosimilars.
Conclusion
KR20170097787 embodies a strategically significant patent within South Korea’s pharmaceutical landscape. Its scope centers heavily on specific formulations or methods involving a claimed active compound, with claims carefully circumscribed yet broad enough to inhibit direct competition.
The broader landscape underscores a competitive environment heavily patent-driven, emphasizing the importance of nuanced claim drafting and continuous patent portfolio expansion in South Korea’s innovative pharmaceutical ecosystem.
Key Takeaways
- Precise claim drafting is critical—narrow claims protect against workarounds, but too narrow limits enforceability.
- Patent landscape analysis reveals intense competition, particularly in formulation and delivery innovations.
- Strategic patent filings globally augment Korean patents, providing broader market protection.
- Monitoring prior art and citations is essential for assessing patent strength and designing around strategies.
- Active patent management guarantees enforceability and supports licensing and commercialization initiatives.
FAQs
Q1. How does KR20170097787 differ from prior patents?
It claims novel aspects of the formulation or synthesis process not disclosed in earlier patents, with specific concentration ranges or delivery mechanisms.
Q2. Can generic manufacturers bypass this patent?
Potentially, if they develop alternative formulations or methods outside the claim scope, but careful legal analysis is required to determine infringement risks.
Q3. What role does patent landscaping play in assessing this patent?
It helps understand overlapping patents, identify innovation gaps, and develop strategic patent applications or licensing negotiations.
Q4. How long will the patent provide exclusivity?
Generally, patent rights in Korea last 20 years from the filing date, subject to maintenance fees and other legal factors.
Q5. What considerations should a pharmaceutical company have when developing formulations related to KR20170097787?
Ensure no infringement of claim scope, consider designing around narrow claims, and explore opportunities for licensing or complementary patents.
References
[1] Korean Intellectual Property Office (KIPO). Patent KR20170097787 - Title and official document details.
[2] WIPO Patentscope. International patent family related to KR20170097787.
[3] Similar patent literature and prior art references accessed through patent databases.
