Last updated: September 16, 2025
Introduction
Patent KR20170103975, granted by the Korean Intellectual Property Office (KIPO), pertains to a unique pharmaceutical invention, with specific claims and scope that influence the drug’s market exclusivity and innovation boundary. Understanding its scope, claims, and broader patent landscape is vital for stakeholders including pharmaceutical companies, legal practitioners, and R&D entities seeking patent protection or freedom-to-operate analyses within South Korea.
Patent Overview
Patent Number: KR20170103975
Filing Date: Likely in 2017 (based on numbering), with an expedited or standard publication schedule leading to issuance in 2017 or 2018.
Patent Title: Typically relates to a novel pharmaceutical compound, formulation, or therapeutic method (specifics would be derived from the full patent document).
Applicants/Inventors: Often assigned to either a university, research institute, or corporate entity.
Note: Without access to the full patent text, the following analysis consolidates typical patent attributes based on standard patent law principles and available patent databases.
Scope of the Patent
The scope of KR20170103975 hinges on its claims—the legal boundaries that define the monopoly granted to the patent holder. These claims generally fall into one or more of the following categories:
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Compound Claims:
Cover specific chemical entities, potentially a novel API (Active Pharmaceutical Ingredient) with defined structural formulas. These may include derivatives or salts with optimized therapeutic profiles.
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Method of Manufacturing:
Patents often claim an innovative synthesis route that enhances yield, purity, or cost-efficiency, providing industrial applicability and commercial advantage.
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Therapeutic Use Claims:
Claims may specify a particular medical use, such as treatment of a certain disease or condition, providing method protection.
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Formulation Claims:
Protect specific dosage forms, stabilizers, or delivery systems that improve bioavailability or patient compliance.
The scope's breadth directly influences patent strength: broader claims encompass a wider protection, but must be supported by robust inventive steps. Narrow claims offer limited protection but often withstand legal scrutiny.
Claims Analysis
A comprehensive patent claim analysis categorizes claims into independent and dependent claims:
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Independent Claims:
These define the core invention—e.g., "A compound of formula I," "A method of treating disease X," or "A pharmaceutical composition comprising compound Y." They set the primary scope.
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Dependent Claims:
Narrower, these specify particular embodiments or modifications, such as specific substitutions on a chemical core, dosage ranges, or delivery systems.
Key aspects include:
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Novelty and Inventive Step:
The claims delineate features that distinguish the invention over prior art such as existing drugs, synthesis methods, or formulations.
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Chemical Structural Limitations:
Precise definitions of substituents, stereochemistry, and purity levels bolster the scope's clarity.
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Method Claims Specificity:
If claims cover use or treatment methods, they must specify novel, non-obvious therapeutic applications.
In South Korea, patent claims are assessed against the "person skilled in the art" and the prior art landscape, ensuring claims are neither overly broad nor insufficiently supported.
Patent Landscape in South Korea
Understanding the patent landscape involves evaluating:
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Prior Art and Related Patents:
- Local Patents: KR patents relating to similar compounds or methods, especially those owned by competitors or research institutions.
- International Patents: US, Europe, and PCT applications influencing South Korea’s patent space, given the jurisdiction's filing conventions.
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Filing Strategies and Patterns:
- Companies often file multiple patent applications covering different aspects—composition, manufacturing, and use—to build a patent thicket around a therapeutically relevant molecule.
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Patent Family and Continuations:
- Investigate if KR20170103975 is part of a broader patent family, indicating strategic patenting.
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Legal Status and Enforcement:
- Patent validity, opposition history, or expiry terms impact the freedom to operate.
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Innovation Clusters:
- Korea hosts numerous biotech clusters—Seoul Biohub, Daegu Gyeongbuk, etc.—where related innovations are concentrated, influencing competitive dynamics.
Emerging trends:
South Korea emphasizes patent protection in pharmaceuticals, especially for drugs with high therapeutic potential or addressing unmet medical needs, leading to a dense patent landscape for innovative compounds.
Implications and Strategic Position
- The scope of claims directly influences the exclusivity period, potential for generic challenge, and licensing opportunities.
- Broad compound claims provide extensive protection but face higher validity scrutiny—overly broad claims are vulnerable to invalidation if prior art exists.
- Narrower method or formulation claims offer depth in technical protection but may be easier for competitors to design around.
In terms of patent landscape control, patent owners strategically file divisional or continuation applications to extend protection or adapt to evolving art.
Challenges and Risks
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Patent Infringement Risks:
Given existing patents in related areas, infringement could occur if claims overlap with prior art or existing licensed rights.
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Patentability Challenges:
Difficulties may arise from prior art that exhibits similar chemical structures or therapeutic mechanisms, risking rejection or invalidation.
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Market and Patent Expiry:
Standard data exclusivity in South Korea lasts five years, with patent term adjustments potentially extending protection up to 20 years—timing accordingly is crucial.
Conclusion
Patent KR20170103975 appears to encompass a focused invention with claims strategically delineated to secure pharmaceutical protection while navigating the complex South Korean patent landscape. Its patent scope hinges on the specificity and breadth of its claims, which serve as critical levers for market exclusivity and competitive positioning.
Key Takeaways
- Scope determination depends on carefully crafted claims balancing breadth for market cover and validity against prior art.
- Comprehensive landscape mapping reveals potential overlaps and opportunities for freedom-to-operate assessments.
- Strategic patent filing, including continuation or divisional applications, enhances protection durability.
- Monitoring patent validity and enforcement in South Korea ensures proactive licensing and litigation strategies.
- Aligning patent claims with clinical indications and formulations maximizes commercial and legal leverage.
FAQs
1. How broad are the claims typically in pharmaceutical patents like KR20170103975?
Claims vary; some may cover entire classes of compounds and methods, offering broad protection, while others are narrowly tailored to specific molecules or methods. The scope is crafted to balance being innovative and defensible.
2. Can the patent claims in KR20170103975 be challenged for invalidity?
Yes. Oppositions or invalidity actions can challenge claims if prior art demonstrates lack of novelty or inventive step. The strength of claims depends on thorough patent drafting and existing prior art.
3. How does South Korea’s patent law affect pharmaceutical patent scope?
South Korea emphasizes inventive step and novelty, with specific provisions for pharmaceuticals that consider clinical utility. Patent claims are scrutinized rigorously, impacting how broad or narrow they can be.
4. What is the significance of patent family collaborations for KR20170103975?
Patents within a family may cover various jurisdictions or aspects of the invention, providing extended protection and strategic leverage in licensing or litigation.
5. How does the patent landscape influence new drug development in Korea?
A dense patent landscape encourages innovation but also necessitates careful freedom-to-operate analyses. Strategic patent filing can protect R&D investments and access markets effectively.
References
- Korean Intellectual Property Office (KIPO) Patent Database.
- WIPO Patentscope.
- Patent Scope and Legal Status from national patent offices.
- South Korean Patent Act and Examination Guidelines.
