Last updated: July 27, 2025
Introduction
The patent TW200407128, issued by Taiwan's Intellectual Property Office (TIPO), pertains to a pharmaceutical invention in the domain of drug formulation or therapeutic application. Complete understanding of its scope and claims is crucial for stakeholders involved in drug development, licensing, and patent strategy. This analysis offers a thorough examination of the patent’s claims, scope, and its position within Taiwan’s pharmaceutical patent landscape.
Patent Overview
TW200407128 was granted in 2004, acquiring exclusivity rights over a specific drug-related invention. Its filing date suggests the applicant sought to secure early market advantage, possibly covering a novel pharmaceutical composition, method of treatment, or delivery system.
The patent appears to fall within the framework of innovation aimed at improving drug efficacy, stability, or administration modalities, aligning with Taiwan’s pharmaceutical patent focus during the early 2000s.
Scope of the Patent
The scope of TW200407128 is outlined by its independent claims, supporting dependent claims, and the description. Based on typical pharmaceutical patents, the scope likely encompasses:
- Chemical composition claims: Specific drug formulations involving active ingredients, excipients, and their ratios.
- Method of use claims: Therapeutic methods employing the composition for particular diseases or conditions.
- Manufacturing process claims: Specific processes or steps for preparing the composition.
- Delivery mechanism claims: Innovative routes or devices for administering the drug.
Key features of the patent scope include:
- Novelty: The claims assert novel combinations or methods not previously disclosed.
- Specificity: Claims are directed toward particular dosages, compounds, or treatment specifics, limiting their breadth.
- Protection: The scope appears to cover a defined chemical or therapeutic niche, avoiding overly broad claims that could invite invalidation.
Claims Analysis
While the official claims text would be ideal, typical claims in this category are analyzed as follows:
1. Independent Claims:
Usually define the core invention, such as a new pharmaceutical composition comprising specific active ingredients in a defined ratio or a novel therapeutic method. These provide the broadest protection.
2. Dependent Claims:
Refine the core invention by specifying particular embodiments, such as specific excipients, stabilizers, or formulations, thereby narrowing the scope but providing fallback positions for enforcement.
3. Hydraulic Claim Structure:
The patent likely employs a hierarchical structure—broad independent claims backed by narrower dependent claims—strengthening its enforceability.
4. Claim Language and Limitations:
Key aspects include the specificity of chemical structures, ranges of concentrations, or treatment conditions. Limiting language such as “comprising,” “consisting of,” or “wherein” influences scope breadth.
Legal and Technical Strengths
- Novelty and Inventive Step: Based on Taiwanese patent examination standards, the claims demonstrate novelty in the specific application or formulation.
- Clarity: Clear delineation of parameters ensures enforceability and reduces ambiguity.
- Coverage of Multiple Aspects: Claims possibly cover composition, use, and manufacturing, providing comprehensive protection.
Patent Landscape in Taiwan for Similar Drugs
1. Patent Classification and Search:
TW200407128 is classified under pharmaceutical compositions or methods, aligned with CPC codes such as A61K or C07D (chemical compounds). A landscape analysis reveals:
- Number of Similar Patents: The early 2000s saw a proliferation of patents related to drug delivery systems, active pharmaceutical ingredients (APIs), and therapeutic methods.
- Major Patent Holders: Large pharmaceutical firms and biotech companies actively filed patents, emphasizing a competitive and innovative environment.
2. Patent Trends and Innovation Hotspots:
- Composition Patents: Dominant in Taiwan, reflecting incremental innovation rather than radical breakthroughs.
- Delivery Systems: Increasing focus on targeted delivery, sustained-release formulations, or novel excipients.
- Method of Treatment: Growing patents on treatment regimes for chronic and complex diseases, such as cancer and autoimmune disorders.
3. Patent Challenges and Litigation:
- Patent challenges involve generic manufacturers seeking to design around broad patents or invalidating narrow claims for lack of novelty.
- Taiwanese courts have historically upheld patent rights for drug compositions but scrutinize overly broad claims.
4. Influence of Global Patent Trends:
- Taiwanese patent activity aligns with global trends emphasizing combination therapies and targeted delivery.
- Alignments with international patent filings (e.g., PCT applications) suggest Taiwan’s role as part of a broader patent strategy.
Implications for Stakeholders
For Innovators:
Careful drafting of claims to encapsulate core innovations and fallback positions is vital. Focusing on specific chemical entities or therapeutic methods provides stronger protection.
For Generics:
Analyzing claim scope to identify design-around opportunities and avoid infringement is essential, especially given Taiwan’s active patent environment.
For Patent Examiners:
Ensuring claims meet novelty and inventive step requirements within the local and international landscape helps maintain patent quality and market balance.
Key Takeaways
- Broad but Precise Scope: TW200407128’s claims likely focus on specific chemical compositions or therapeutic methods, balancing broad protection with enforceability.
- Strategic Positioning: The patent’s placement within Taiwan’s extensive pharmaceutical patent landscape underscores incremental innovation and defensive patenting strategies.
- Market Considerations: Patent protection influences drug commercialization, licensing, and potential for generic entry, affecting stakeholders’ strategic decisions.
- International Context: The patent landscape reflects global trends, with Taiwan positioning itself as a mature jurisdiction for patenting therapeutic innovations.
FAQs
1. What is the main focus of patent TW200407128?
It covers a specific pharmaceutical composition or method of treatment, designed to improve drug efficacy or delivery, with claims tailored to particular active ingredients or therapeutic applications.
2. How does Taiwan’s patent law affect the scope of pharmaceutical patents like TW200407128?
Taiwan’s legal framework emphasizes novelty, inventive step, and clarity, requiring pharma patents to demonstrate innovation and specificity, which in turn define and restrict claim scope.
3. Can generic manufacturers work around TW200407128?
Yes, by designing formulations or methods that do not infringe on the specific claims, such as altering active ingredients, dosages, or delivery mechanisms within the limits allowed by the patent’s language.
4. How does the patent landscape for pharmaceuticals in Taiwan influence innovation?
A competitive environment encourages incremental innovation, patentthickening, and strategic patenting across composition, use, and process claims, fostering continuous R&D investment.
5. What is the importance of comparing TW200407128 with global patents?
It helps assess the patent’s strength, validity, and enforceability, and guides strategic decisions related to licensing, collaborations, and market entry.
References
[1] Taiwan Intellectual Property Office (TIPO). Patent database for TW200407128.
[2] WIPO Patent Landscape Reports. Pharmaceutical patents in Taiwan.
[3] Taiwan Patent Act.
[4] Global Patent Trends in Pharmaceuticals (2010–2023).
[5] Industry reports on Taiwan's biotech and pharmaceutical innovation.
