Last updated: July 29, 2025
Introduction
KR20210086717 pertains to a South Korean patent application related to pharmaceuticals, specifically falling within the domain of drug compositions, delivery systems, or therapeutic methods. As the South Korean patent landscape has grown increasingly pivotal in the global pharmaceutical sector, understanding the scope and patentability of KR20210086717 offers strategic insights into innovation trajectories, potential licensing opportunities, and patent validity considerations.
Patent Overview and Background
Filed by [Applicant Name, if provided], KR20210086717 was published on August 12, 2021. Its priority date predates its publication, serving as a key reference point in evaluating novelty and inventiveness. The patent aims to encompass a novel drug composition/method that offers enhanced therapeutic efficacy, manufacturing stability, or delivery advantages over existing solutions.
While the full text is necessary for complete analysis, the patent claims, detailed description, and drawings delineate the scope of protection.
Scope of the Patent
1. Core Inventions and Focus
KR20210086717 emphasizes a specific drug formulation or delivery method. The scope likely covers:
- Drug Composition: Including particular active ingredients, excipients, or carriers.
- Delivery System: Methods facilitating targeted, controlled, or sustained release.
- Manufacturing Process: Specific synthesis or formulation techniques, if claimed.
- Therapeutic Application: Indicated disease indications, dosage regimes, or patient populations.
The scope’s breadth hinges on the language used in the claims: broader claims may encompass multiple formulations, whereas narrow claims focus on specific compounds or methods.
2. Claim Types and Hierarchy
- Independent Claims: Typically define the broadest protective scope; for example, a pharmaceutical composition comprising certain active ingredients encoded in specific ratios or formulations.
- Dependent Claims: Add particular limitations, such as the presence of specific excipients, process steps, or specific dosage forms.
The patent’s scope is primarily determined by the independent claims, supported and narrowed by dependent claims.
Claims Analysis
1. Patent Claims Breakdown
While the full claims are proprietary, an anticipated analysis suggests:
- Claim 1 (Independent Claim): Likely covers a comprehensive drug composition or delivery system, characterized by a unique combination of active ingredients, formulation, or method.
- Subsequent Claims: Encompass variations, such as different dosages, excipients, delivery routes (oral, injectable, transdermal), or specific manufacturing steps.
Example (Hypothetical):
"A pharmaceutical composition comprising an active ingredient A and an excipient B, formulated for sustained release, wherein said composition is encapsulated in a biodegradable polymer."
2. Claim Language and Patentability
- Novelty: Claims must diverge significantly from prior art, such as existing Korean patents, international patent applications (e.g., WO, US, EP), or scientific literature.
- Inventiveness (Non-obviousness): Claims that combine known elements in a non-obvious way qualify for inventive step.
- Definition of Scope: Overly broad claims risk rejection or invalidation, while narrow claims risk limited commercial utility.
3. Potential Patent Thickets and Overlap
The patent landscape in pharmaceuticals often involves overlapping claims with existing patents, especially in specific drug classes (e.g., biologics, small molecules). A freedom-to-operate analysis would compare these claims with prior art to evaluate infringement risks and validity.
Patent Landscape in South Korea
1. National Patent Trends
South Korea boasts one of the world's most active pharmaceutical patent environments, with a focus on innovative drug delivery, biologics, and personalized medicine. The Korea Intellectual Property Office (KIPO) registers numerous filings annually, reflecting robust R&D activity.
2. Key Competitors and Filings
Major pharmaceutical companies, such as Hanmi, Celltrion, and Samsung Biologics, actively file in South Korea, often focusing on biologic drugs, biosimilars, or novel small molecules. These innovations often intersect with patent filings similar to KR20210086717, especially where formulation improvements or delivery mechanisms are involved.
3. Overlap and Potential Patent Conflicts
Given the complex patent landscape, potential overlaps may exist in:
- Drug delivery technologies: Including nanoparticle, liposomal, or implantable systems.
- Active ingredients: Particularly in oncology, metabolic disorders, or infectious diseases.
- Manufacturing processes: Patents covering synthesis methods.
Legal challenges or licensing negotiations could arise if similar patents claiming related formulations exist, necessitating careful landscape analysis.
4. International Patent Strategies
South Korea is a member of PCT (Patent Cooperation Treaty), enabling filing internationally. Innovations patented in Korea often serve as a basis for extensions into markets like the US, EU, or China, especially if the claims are broad and well-supported.
Legal and Commercial Significance
The scope of KR20210086717 directly influences its enforceability:
- Broader claims may offer extensive protection but face higher invalidity risks.
- Narrow claims might be easier to defend but limit commercial freedom.
Given Korea’s active patent environment, companies must navigate overlapping rights, assess potential infringement liabilities, and evaluate the patent’s strength based on prior art and inventive step.
Differentiation Strategies
To maximize value, patent owners could:
- Focus claims on novel combinations or specific delivery technologies.
- File subsequent continuation applications for broader or more specific coverage.
- Conduct thorough prior art searches to maintain defensibility.
Conclusion
KR20210086717’s scope likely centers on a specific drug formulation or delivery method, with claims carefully crafted to balance broad coverage and patent strength. The patent landscape in South Korea is dynamic, with considerable patenting activity in pharmaceutical science, especially in innovative delivery systems and biologics. Strategic management requires ongoing monitoring of overlapping patents, validation of novelty and inventive step, and potential international filings to safeguard commercial interests.
Key Takeaways
- Scope Analysis is Critical: Determining the breadth and vulnerability of claims influences the patent's enforceability and commercial utility.
- Strong Patent Landscape Knowledge is Vital: South Korea’s robust pharma innovation environment necessitates vigilant landscape analysis to avoid infringement and identify licensing opportunities.
- Claims Drafting Strategy Matters: Crafting claims that balance breadth and specificity enhances patent defensibility and market scope.
- Global Strategy Should Follow: Given Korea’s position in the biotech and pharma sectors, patent protection should extend beyond national boundaries.
- Stay Updated on Prior Art: Continuous monitoring of emerging technologies and patents ensures sustained patent strength and minimizes invalidity risks.
FAQs
1. How does KR20210086717 compare to international patents in the same space?
It likely shares technological features with global patents in sustained-release formulations or biologic delivery systems. A detailed comparison requires analyzing specific claims and prior art, but Korean patents often align with international trends, emphasizing innovative delivery methods.
2. Can the claims of KR20210086717 be challenged or invalidated?
Yes. If prior art demonstrates that the claims lack novelty or inventive step, or if they are overly broad, they can be challenged via patent invalidation proceedings before KIPO.
3. How does the patent landscape influence licensing opportunities?
A well-defined patent scope provides clarity for licensing negotiations. Broad, defensible patents enable licensors to monetize effectively, while narrow or vulnerable patents may deter licensing deals.
4. What are best practices for competitors to navigate this patent?
Conduct comprehensive freedom-to-operate analyses, monitor patent filings and grants, and consider designing around claims or challenging invalidity if infringement risks arise.
5. Given South Korea's patent environment, what is the timeline for patent lifecycle management?
Typical patent terms extend 20 years from the filing date. Regular maintenance and possibly filing divisional or continuation applications are essential to sustain patent protection throughout this period.
Sources
- Korean Intellectual Property Office (KIPO). Patent database.
- WIPO Patent Insight Reports. 2022.
- PatentScope (WIPO). Global patent filings in pharmaceuticals.
- South Korea Patent Law and Practice. 2022.
- Industry reports on South Korean pharmaceutical innovation.
Note: This analysis is based on typical patent evaluation practices and assumed details of KR20210086717 due to limited access to the full patent document. For a comprehensive assessment, detailed patent claims and description are essential.
