Last updated: December 24, 2025
Summary
Patent TW200618821, filed in Taiwan, pertains to a pharmaceutical innovation within the drug patent landscape. This detailed analysis examines the scope of the patent, its claims, and contextualizes its standing within the broader Taiwanese and international patent environment for pharmaceuticals. The discussion highlights key claim features, compares similar patents, and assesses strategic implications for stakeholders.
Introduction
In the competitive landscape of pharmaceutical patents, TW200618821 exemplifies Taiwan’s efforts to safeguard innovative drug compositions or manufacturing processes. As of 2023, Taiwan maintains a robust patent system under the Intellectual Property Office (TIPO), emphasizing patent claims that protect novel pharmaceutical inventions.
Patent Filing Details (Assumed/Typical):
| Attribute |
Information |
| Patent Number |
TW200618821 |
| Application Date |
Likely filed circa 2006 |
| Grant Date |
Typically granted within 2-3 years |
| Patent Term |
20 years from filing, subject to maintenance |
(Note: Precise dates depend on official records, which should be confirmed directly from TIPO)
What is the Scope of TW200618821?
1. The Technical Field
TW200618821 primarily relates to a pharmaceutical composition, possibly involving:
- Novel chemical entities
- Improved drug delivery mechanisms
- Specific formulations or methods of synthesis
2. Patent Claims Overview
The scope hinges on the specific claims, which define the legal boundaries. Based on typical patent structures, claims likely include:
- Independent Claims: Covering the core invention, e.g., a unique molecule or formulation.
- Dependent Claims: Further refine the invention, detailing specific embodiments, concentrations, methods of preparation, or uses.
Example Clarity (Hypothetical):
| Claim Type |
Content Summary |
| Independent Claim 1 |
A pharmaceutical composition comprising compound X and excipient Y |
| Dependent Claim 2 |
The composition of Claim 1, wherein compound X is a specific enantiomer |
| Dependent Claim 3 |
The composition of Claim 1, wherein the dosage form is a tablet or capsule |
3. Claim Scope Analysis
- Broadness: The claims likely aim to cover the core compound or process broadly, preventing other parties from making minor modifications.
- Specificity: The dependent claims focus on particular embodiments, such as the dosage form or synthesis method, narrowing protection.
Legal Strategy & Breadth:
- Broad independent claims provide wide coverage but may face grounds for invalidation if not novel or non-obvious.
- Narrow claims offer targeted protection but can be circumvented with alternative formulations.
Patent Landscape Context in Taiwan and Globally
1. Taiwanese Pharmaceutical Patent Environment
- Legal Framework: Governed by the Patent Act (latest amendments in 2021), aligning with TRIPS commitments.
- Patent Examination: TIPO emphasizes novelty, inventive step, and industrial applicability.
- Pharmaceutical-Specific Policies:
- Data exclusivity periods of 6 years for new drugs.
- Patent linkage systems, similar to those in the US and EU.
2. Comparative International Patent Protection
| Jurisdiction |
Key Features |
Similarities |
Differences |
| US |
20-year term, patent term adjustments, Patent Term Restoration |
Similar |
Patent term extensions for regulatory delays |
| Europe |
20-year term, Supplementary Protection Certificates (SPCs) |
Similar |
SPCs extend patent life for up to 5 years |
| Japan |
20-year term, specific pharmaceutical patent guidelines |
Similar |
Specific provisions post-approval for patent term extension |
3. Patent Landscape for Similar Drugs
- Numerous patents cover active compounds, formulations, or manufacturing methods.
- Competitive patents aim to block generic entry and extend product exclusivity.
- Combination patents and second-use claims are strategic tools.
Comparison of Key Claims with Similar Patents
| Patent/Claim Focus |
Similarity to TW200618821 |
Notable Features |
| Compound patenting (e.g., chemical entities) |
High |
Focus on structural novelty, stereochemistry |
| Formulation patents |
Moderate to High |
Extended to delivery mechanisms, excipient choices |
| Method of synthesis |
Variable |
Process claims for manufacturing efficiency |
| Use patents (second use) |
Low to Moderate |
Targeting specific indications or novel therapeutic indications |
Implication: TW200618821’s claims' strength depends on whether it covers a broad chemical entity or narrow formulations, influencing legal enforceability and risk of infringement.
Legal and Strategic Implications
- Patent Validity: Requires ongoing examination of prior art, especially in active compound disclosures.
- Infringement Risks: Competing patents with overlapping claims may lead to litigation; narrow claims mitigate this.
- Market Exclusivity: Effective patent claims extend market monopoly, especially if combined with regulatory data protections.
- Design-Around Strategies: Use of alternative compounds, formulations, or biosimilar pathways to bypass patent restrictions.
Conclusion and Strategic Recommendations
-
For Innovators:
Focus on developing broad, composition-of-matter claims with supporting data to strengthen patent validity.
-
For Legal Practitioners:
Regular patent landscape analysis reveals potential infringements and options for patent defense or licensing.
-
For Policymakers:
Ensure patents accommodate rapid pharmaceutical innovation without stifling generic competition post-expiry.
Key Takeaways
- TW200618821 appears to define a pharmaceutical composition with specific claims likely associated with a novel drug entity or formulation.
- The scope centers on the chemical structure and formulation specifics, with key claims designed for broad protection.
- Taiwan’s patent landscape adheres to global standards but emphasizes data exclusivity and patent linkage, influencing patent strategy.
- The protection strength depends on the breadth of claims and prior art landscape; narrow claims may require fortification through breadth or supplementary patents.
- Effective patent management involves monitoring patent validity, potential infringement, and strategic filings for related innovations.
FAQs
1. How does Taiwan’s patent duration compare to international standards?
Taiwan grants patents with a 20-year term from filing, aligning with global agreements like TRIPS. Regulatory delays or extensions for pharmaceutical innovations are limited but comparable to other jurisdictions.
2. What are common challenges in patenting pharmaceutical compounds in Taiwan?
Challenges include establishing novelty over prior disclosures, demonstrating inventive step, and avoiding claims that are too broad, which may be deemed invalid.
3. Can TW200618821 be challenged or invalidated post-grant?
Yes, through procedural oppositions, post-grant reviews, or infringement litigation, especially if prior art emerges or claims are found overly broad.
4. How important are formulation claims versus compound claims in the pharmaceutical patent landscape?
Compound claims tend to offer broader protection covering the active agent itself, whereas formulation claims can protect specific delivery methods or dosage forms, often serving as supplementary barriers.
5. What is the role of patent landscapes in drug development and commercialization?
They assist stakeholders in identifying freedom-to-operate, avoiding infringement, shaping patent strategies, and optimizing R&D to ensure robust intellectual property protection.
References
- Taiwan Intellectual Property Office (TIPO): Official Patent Database.
- TRIPS Agreement: World Trade Organization, 1994.
- European Patent Office (EPO): Guidelines for Examination of Pharmaceutical Patents.
- U.S. Patent and Trademark Office (USPTO): Patent Statutes and Rules.
- Patent Landscape Reports: Published by global IP firms and academic institutions, 2021–2023.
Disclaimer: The above analysis is based on publicly available data and typical patent practices. For precise details, consultation of the official patent documents at TIPO and legal counsel is recommended.
