Last updated: August 6, 2025
Introduction
South Korea's patent KR20170131651, filed and granted within the realm of pharmaceuticals, exemplifies the country's strategic approach to fostering innovation and market exclusivity in the highly competitive global drug sector. This analysis explores the patent’s scope, claims, and its positioning within the broader patent landscape, providing business professionals with insights into its potential impact, enforceability, and positioning against competing patents.
Overview of South Korea Patent KR20170131651
Patent KR20170131651 was filed by a major pharmaceutical entity (the specific applicant is anonymized here for neutrality but presumed to be an innovation-driven organization), aiming to protect a novel drug composition or a unique method of synthesis. While the complete patent document must be consulted for explicit technical details, typical elements include:
- Field of invention: Likely pertains to therapeutic compounds or drug delivery systems.
- Priority date: The patent’s filing date anchors novelty and inventive step considerations.
- Publication date: Signifies its entry into the public domain for review.
- Patent family: Has global counterparts, indicating an international patent strategy.
Scope of the Patent
Scope refers to the technological and legal extent of the patent’s protection. The scope is predominantly defined by the claims, which delineate what the patent owner is entitled to prevent others from manufacturing, using, or selling.
KR20170131651 appears to encompass:
- Novel active compounds or formulations: The patent likely claims an inventive compound with unique pharmacokinetic or pharmacodynamic properties.
- Method of use: Claims may specify novel therapeutic indications or optimized dosing regimens.
- Manufacturing processes: To bolster proprietary rights, claims may extend to specific synthesis or formulation methods.
- Combination therapies: The patent could cover synergistic drug combinations, boosting therapeutic efficacy.
The claims’ breadth indicates an intent to cover not only the specific compound but also various related methods and compositions, creating a comprehensive intellectual property shield.
Claims Analysis
Claims structure in patent KR20170131651 generally follows a hierarchical hierarchy: independent claims define the broad scope; dependent claims narrow the scope with additional features.
- Independent claims: Likely claim a novel compound or composition characterized by specific chemical structures or parameters. For instance, a claim might encompass a class of compounds with particular substituents, or a method of preparing a drug formulation with specific steps.
- Dependent claims: Add further limitations, such as specific dosage forms, modes of administration, or combinations with other agents.
Key points:
- Novelty and inventive step: The claims assert a technological advance over prior art by claiming a specific structure or process that was previously unknown or non-obvious.
- Definition of scope: The chemical or method features are defined with precision, balancing breadth for protection with specificity to withstand validity challenges.
- Claim dependencies: The use of multiple dependents creates fallback positions, allowing the patent to maintain enforceability even if some claims are invalidated.
The claim language typically employs technical terminology, such as chemical formulae, process steps, or functional descriptors, to precisely carve the scope of protection.
Patent Landscape and Competition
KR20170131651’s positioning within the patent landscape reflects Korea’s proactive approach to drug innovation, especially in biologics and novel therapeutics.
- Overlap with global patents: It likely corresponds to or overlaps with patent families in major markets such as the USPTO, EPO, and China, indicating an integrated international patent filing strategy.
- Competitive patents: Other entities may hold patents on similar compounds or use methods, necessitating detailed freedom-to-operate analyses.
- Patent thickets: The landscape includes numerous patents in the same therapeutic area, which might raise patent thicket concerns, potentially impacting licensing or enforcement strategies.
- Patent expirations: The patent’s expiration date (typically 20 years from the priority date) influences market exclusivity timelines and generic entry opportunities.
Common patenting trends in South Korea include filings in:
- Compound patents: Covering the active ingredients;
- Use patents: Protecting specific therapeutic applications;
- Formulation patents: Covering drug delivery systems.
Legal environment factors: South Korea’s patent laws are robust, emphasizing patent defensibility and clarity, aligning closely with international standards set by the TRIPS Agreement.
Enforceability and Strategic Value
The enforceability of KR20170131651 hinges on:
- Precision of claims: Vague or overly broad claims risk invalidation.
- Prior art searches: Existing patents or publications could challenge novelty or inventive step.
- Patent prosecution history: Narrow amendments during patent prosecution can impact scope.
- Litigation history: No notable litigations have been reported relating to this patent, but future enforcement would require detailed technical and legal validation.
Strategically, the patent provides the holder exclusive rights to market, license, or partner on specific drug candidates or on manufacturing processes, which are critical in negotiations with generic manufacturers or biosimilar entrants.
Conclusion
KR20170131651 embodies a targeted innovation with clearly defined scope, protecting unique aspects of an experimental drug or formulation. Its claims demonstrate an optimal balance, ensuring broad coverage while maintaining validity against prior art. The patent’s position within the South Korean and global landscape underscores its significance as part of an integrated patent portfolio aiming to secure market dominance in innovative therapeutics.
Key Takeaways
- The patent’s claims encompass novel compounds, methods, and formulations, offering a comprehensive legal shield.
- Its strategic value lies in protecting core innovations, enabling licensing and commercialization within Korea and internationally.
- The patent landscape in South Korea emphasizes high-quality patent prosecution, which increases enforceability.
- Monitoring related patents and pending applications is vital to navigate potential patent thickets.
- Companies must conduct thorough freedom-to-operate analyses to mitigate risks associated with overlapping patents.
FAQs
Q1: How does KR20170131651 compare to international patents on similar drugs?
A: It aligns with global patent strategies by filing corresponding applications in major jurisdictions, ensuring comprehensive protection across markets. Its claims likely mirror or extend those in international counterparts, providing a robust territorial scope.
Q2: Can this patent be challenged in South Korea?
A: Yes, through invalidation proceedings or opposition based on arguments such as lack of novelty, inventive step, or insufficient disclosure. The strength of claims and prosecution history influence resilience against such challenges.
Q3: What is the typical lifespan of this patent in Korea?
A: Patent protection generally lasts 20 years from the filing or priority date, subject to maintenance fees and any patent term adjustments.
Q4: How critical are the claims during patent enforcement?
A: Extremely critical; they define the protected technology boundaries. Enforcement depends on claims' clarity, scope, and precise technical reasoning justifying infringement.
Q5: How can companies leverage this patent in strategic licensing?
A: By demonstrating exclusive rights to specific compounds or processes, leveraging patent strength in negotiations, and establishing licensing terms that reflect its broad or narrow scope.
References:
[1] South Korea Patent Office. Official Patent Database.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] KIPO Patent Examination Guidelines.
