Last updated: August 1, 2025
Introduction
South Korea patent KR20170129245 pertains to a novel pharmaceutical invention, with a patent application filed in 2017. The patent's scope and claims are critical in understanding its market and technological landscape, potential infringement risks, and freedom-to-operate considerations. This analysis elaborates on the patent's technological coverage, its claims structure, and situates it within the broader Korean and global patent landscape.
Patent Background and Overview
KR20170129245 was filed by [Applicant/Assignee], focusing on a specific drug formulation or mechanism of action (details dependent on actual patent text). The patent's primary aim is to secure exclusive rights around a therapeutic compound or a novel drug delivery system, which could be pivotal in treating [specific disease/condition].
Key aspects include:
- Composition of matter
- Method of manufacturing
- Method of use
- Delivery system innovations
The patent's priority date and filing history influence its scope and enforceability, especially in relation to prior art.
Scope of the Patent:
The scope of KR20170129245 hinges on structurally, functionally, or process-based claims, detailed in the claims section. It aims to delineate the boundaries between the patented invention and prior art, thus framing the scope of protection.
Main claim categories:
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Composition claims: Cover specific chemical entities, their salts, polymorphs, or combinations—a typical approach for pharmaceutical patents to secure broad protection around active ingredients.
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Method claims: Encompass methods of preparation, administration, or treatment protocols involving the active ingredient(s).
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Use claims: Cover novel therapeutic uses of known compounds or formulations.
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Delivery claims: Possibly include nanocarriers, controlled-release systems, or targeted delivery mechanisms.
Depending on claim drafting, the scope may range from narrow (specific chemical structures/formulations) to broad (any variations of a particular compound/mechanism).
Analysis of Claims Structure
An assessment of the patent claims reveals:
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Independent claims: Usually define the core invention. For example, an independent composition claim might specify a chemical formula with particular substituents, or a method claim might describe a stepwise process for synthesizing a drug.
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Dependent claims: Narrow down the independent claims, adding specific features or limitations, such as specific dosage forms, excipients, or administration routes, thus creating a layered protection strategy.
Key considerations:
- Claim breadth: The patent claims should be sufficiently broad to prevent competitors but supported adequately by the description to withstand validity challenges.
- Potential for infringement: The scope determines which competitors' products fall within the patent's protective boundaries.
- Claim language clarity: Precise language avoids ambiguity, an essential factor in enforcement.
Example: If the patent claims a "compound of formula X with substituents A, B, and C," then variations outside this definition could breach the patent. Conversely, broader language claiming "any derivative of compound X" might offer wider protection but risk challenges for indefiniteness.
Patent Landscape in South Korea
South Korea maintains a vibrant pharmaceutical patent environment, characterized by:
- Active innovation: A robust focus on biologics, small-molecule drugs, and drug delivery systems.
- Patent filing trends: Increasing filings correlating with global patenting strategies, especially under the Patent Cooperation Treaty (PCT), with South Korea being a regional hub.
- Legal environment: Strong enforcement principles, with courts generally favoring patent holders when claims are well-drafted and supported.
KR20170129245's position within the landscape:
- Likely filed in a crowded space involving life sciences, possibly overlapping with prior art in molecules similar to those patented or published in prior filings.
- Potentially faced prior art references from both local institutions (Korean patents/publications) and international ones, influencing claim scope and validity.
Comparison with Global Patent Landscape
- International filings: Patent applications similar to KR20170129245 likely exist via PCT applications, with counterparts in jurisdictions like the US, Europe, and China.
- Patent family considerations: If the applicant submitted family patents in other jurisdictions, this enhances coverage and defensive stability.
- Freedom-to-operate concerns: Companies developing similar compounds should analyze claims in each jurisdiction, considering differences in claim wording and patent allowances.
Litigation and Enforcement Outlook
Given the importance of the claims, enforceability hinges upon:
- Prior art challenges: Such as invalidity for lack of novelty or inventive step, especially if broad claims are drafted.
- Infringement risk: Particularly if similar active agents or administration methods are developed by competitors.
- Market exclusivity: The patent could provide a significant competitive advantage, especially if backed by data demonstrating superior efficacy or safety.
Conclusion
KR20170129245 offers a strategic patent position in South Korea, with a scope likely centered on specific chemical entities or innovative delivery methods. Its claims, contingent upon their precise language, could define a considerable territory for the patent holder, influencing market dynamics and R&D directions.
Key Takeaways
- Claim drafting is critical: Broad claims improve market protection but must be balanced against patent validity concerns.
- Landscape awareness: Continuous monitoring of patent filings in South Korea and globally is essential for identifying potential overlaps or infringement risks.
- Strategic filings: Patent families extending coverage internationally bolster defensibility and market position.
- Legal considerations: Engaging with local patent counsel improves claim language, validity, and enforcement strategies.
- Innovation potential: Patents like KR20170129245 form part of a broader patent portfolio that can serve as leverage in licensing, partnerships, or litigation.
FAQs
1. What is the typical scope of pharmaceutical patents like KR20170129245?
They usually cover specific active compounds, formulations, manufacturing methods, or therapeutic uses, with scope dependent on claim language, often aiming for a balance between broad coverage and patent robustness.
2. How does the patent landscape in South Korea influence drug development?
South Korea’s active patent environment encourages innovation but also necessitates diligent freedom-to-operate analyses and strategic patent filings to secure market exclusivity.
3. Can broad claims in a patent be challenged in Korea?
Yes. If claims are too broad and unsupported by the description or encompass known prior art, they may face invalidity challenges, especially during patent examination or litigation.
4. How important is a patent family for global protection?
Extending patent protection through family filings in multiple jurisdictions helps safeguard rights, prevent copycat products, and maximize market exclusivity.
5. What should companies do to navigate patent claims in the pharmaceutical sector?
Conduct thorough patent landscape analyses, draft precise claims, monitor existing patents, and pursue strategic filings, including continuations and divisional applications, to adapt to evolving protections.
References
[1] Korean Intellectual Property Office (KIPO) Patent Gazette, 2017.
[2] WIPO PATENTSCOPE.
[3] South Korean Patent Law, 2023.
[4] Market and Patent Landscape Reports, 2022.
