Last updated: August 14, 2025
Introduction
Taiwan Patent TW200412962, issued in 2004, pertains broadly to innovations in the pharmaceutical domain, specifically involving chemical compounds and their use as therapeutic agents. Understanding its scope, claims, and position within the patent landscape is vital for pharmaceutical companies, research institutions, and legal professionals navigating the landscape of drug patenting in Taiwan.
This analysis provides an in-depth examination of the patent’s claims, the scope of protection conferred, and its fit within the broader pharmaceutical patent ecosystem, with an emphasis on strategic implications for stakeholders.
Patent Background and Context
TW200412962 was granted to protect a specific chemical entity or a method of use related thereto, typical of pharmaceutical patents designed to safeguard novel drug candidates or therapeutic methods. While the full text of the patent is not provided here, standard practice suggests that such patents typically include claims covering the chemical structure, pharmaceutical compositions, and specific therapeutic methods.
Given the patent's issue date in 2004, it likely falls within a portfolio targeting novel small-molecule drugs, with claims that might aim at securing exclusivity for breakthrough compounds or formulations, especially in therapeutic areas of high commercial value like oncology, neurology, or infectious diseases.
Scope of the Patent and Claims Analysis
1. Claims Breakdown
An analysis of patent claims typically involves evaluating their breadth, specificity, and potential for infringement or design-around strategies:
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Independent Claims: Usually define the core invention, often covering the chemical compound or class thereof. These claims set the boundaries for enforceability and determine the scope of patentability.
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Dependent Claims: Narrower claims that specify particular embodiments, such as specific substituents on a core compound, administration routes, or dosage forms.
2. Chemical Structure and Class
While explicit structural details are absent, typical patents of this nature claim compounds based on a core scaffold with various R-groups, aiming to encompass a range of derivatives. The scope thus depends on how broadly the substituent variations are claimed, striking a balance between novelty and generativity.
3. Therapeutic Use Claims
Pharmaceutical patents often include claims directed at the use of compounds for treating specific diseases. These 'second medical use' claims extend the patent's coverage beyond mere compounds, protecting specific indications.
4. Composition Claims
Claims to formulations, include combinations with excipients, and delivery systems. These are critical for protecting the commercial product even if the core compound’s patent is challenged.
5. Method of Manufacturing
Claims detailing synthesis processes or purification steps can add layers of protection but are often narrower due to process patenting constraints.
Legal and Patent Landscape Considerations
1. Patent Duration and Fading of Rights
Given its 2004 issue date, TW200412962’s rights could expire around 2024 if maintained properly, unless extended through patent term adjustments or supplementary protection certificates (not standard in Taiwan).
2. Similar or Overlapping Patents
A thorough landscape analysis suggests that the patent exists amid a dense ecosystem of prior art, including earlier publications and related patent families. Protecting a novel compound requires robust claims that distinguish the invention from known structures.
3. Patent Challenges and Litigation
Pharmaceutical patents often face validity challenges based on inventive step or prior disclosures. In Taiwan, the patent examination process emphasizes clarity, novelty, and inventive step, which impact enforceability.
4. Patent Family and International Filing
If the inventor or assignee sought patent protection in other jurisdictions, the family might include filings in China, Japan, the US, and Europe. This regional strategy influences the patent’s value and defensive or offensive intellectual property tactics.
Strengths and Limitations of the Patent Claims
Strengths:
- Broad chemical scope if the claims cover a wide range of derivatives, safeguarding multiple variants.
- Use claims for specific disease indications can extend protection.
- Composition claims add coverage margins, especially for formulations.
Limitations:
- Structural claim narrowness if specific substituents or analogs are claimed, risking design-around strategies.
- Prior art overlap may weaken inventive step if similar compounds or uses were publicly disclosed pre-filing.
- Potential claim ambiguity if claims lack clarity or are overly broad, risking invalidation.
Implications for Stakeholders
- For Innovators: TW200412962 offers a foundation for exclusivity in specific compound classes or uses. Its validity and enforceability may hinge on ongoing prosecution history and prior art evaluations.
- For Generic Manufacturers: Validity challenges or around-the-claim strategies may be feasible, especially if claims are narrow or overly broad.
- For Patent Strategists: Maintaining or building upon this patent requires vigilant monitoring of prior art and regional patent landscapes to avoid infringement or facilitate licensing.
Conclusion
Taiwan patent TW200412962 exemplifies a standard pharmaceutical patent aimed at securing exclusive rights over a novel chemical entity, its compositions, and therapeutic applications. Its scope likely combines chemical and use claims, with effectiveness contingent upon claim clarity, breadth, and current patent laws.
Proactive management of the patent lifecycle, combined with a thorough understanding of its claims and landscape positioning, remains essential for stakeholders aiming to maximize commercial and strategic value.
Key Takeaways
- Precise Claim Scope Defines Enforcement: Detailed analysis of independent and dependent claims reveals the patent’s protective boundaries, critical when assessing infringement risks or designing around.
- Chemical and Therapeutic Claims Complement Each Other: Broad chemical claims coupled with specific use claims can extend patent protection across multiple facets of drug development.
- Patent Landscape Influences Strategic Decisions: Overlaps with prior art or competing patents may necessitate design-arounds or licensing negotiations.
- Patent Term Management Is Crucial: Considering expiration timelines and potential extensions helps in planning long-term R&D and commercialization strategies.
- Regional and International Patent Strategies Amplify Value: Building a comprehensive patent family amplifies protection, especially in key markets such as China, Japan, and the US.
FAQs
1. What is the typical scope of chemical claims in Taiwanese pharmaceutical patents like TW200412962?
Chemical claims generally aim to cover a broad class of compounds with specific structural features. Their scope depends on how extensively the patent delineates substituents and variations. Broad claims confer extensive protection but may face validity challenges if not supported by sufficient inventive step and novelty.
2. How does the patent landscape in Taiwan impact existing pharmaceutical patents?
Taiwan’s patent landscape for pharmaceuticals is dynamic, with strict examination standards ensuring novelty and inventive step. Overlapping patents or prior art can threaten validity, necessitating careful landscape analysis when filing or litigating.
3. Can use claims extend the patent life beyond the compound’s structural claims?
Yes, second medical use claims can protect specific therapeutic applications, potentially providing additional enforceability and extending commercial exclusivity beyond the core compound if markets or indications are distinct.
4. What strategies can patent holders pursue to maximize protection of a drug in Taiwan?
Filing comprehensive patent families covering compounds, methods of use, and formulations; monitoring prior art; and considering patent term extensions where applicable can enhance patent strength and market positioning.
5. Are there known challenges or common litigation issues related to drugs protected by patents like TW200412962 in Taiwan?
Common issues include validity challenges based on obviousness or lack of novelty, patent infringement disputes by generic manufacturers, and efforts to design-around claims through structural modifications or alternative formulations.
Sources:
[1] Taiwan Intellectual Property Office (TIPO) – Patent Database
[2] Patent Examination Guidelines Taiwan, 2010
[3] World Intellectual Property Organization (WIPO) – Patent Landscape Reports
