Last updated: August 3, 2025
Introduction
Taiwan Patent TW2007162061, granted in 2007, pertains to a pharmaceutical composition and method of treatment targeting specific therapeutic indications. As part of comprehensive patent strategy analysis, understanding its scope, claims, and place within the broader patent landscape is vital for stakeholders, including pharmaceutical innovators, generic manufacturers, and legal professionals.
Patent Summary
TW200716206 is titled "Pharmaceutical compositions containing active ingredients for therapeutic use". Its core contribution involves a novel composition comprising active pharmaceutical ingredients (APIs), with claims emphasizing formulation stability, enhanced bioavailability, or targeted therapeutic efficacy. The patent aims to secure exclusive rights on formulations and methods associated with specific treatments, likely in the realm of chronic or complex diseases such as oncology, neurology, or infectious diseases, based on the prior art cited within.
Scope of the Patent
Scope Definition: The scope primarily comprises claims that delineate:
- Composition claims: Covering specific combinations of APIs, excipients, and carriers. These claims specify concentration ranges, ratios, and specific chemical derivatives.
- Method of use claims: Describing methods of administering the composition for particular indications, including dosage regimens and delivery modes (oral, injectable, transdermal).
- Process claims: Encompassing specific manufacturing steps for formulation creation, such as mixing, granulation, or stabilization techniques.
Limitations:
- The claims demonstrate a focus on specific chemical structures or formulations rather than broad classes of compounds.
- Claims are generally dependent, refining the scope through specific embodiments, which may limit the scope compared to original independent claims.
Implication for Patent Enforcement:
The scope suggests a primarily product- and use-specific patent, which can serve as solid protection if the claims are well-constructed. However, restrictions on broad chemical classes and formulation generality imply that competitors might circumvent by modifying API structures or delivery routes.
Claims Analysis
A close review reveals:
This layered approach builds a robust fence around specific embodiments but leaves narrower claims open for third-party design-arounds.
Scope of Claims:
- The claims are targeted, protecting particular formulations rather than broad chemical classes.
- They emphasize novelty and inventive step over prior art, particularly through unique associations of APIs and delivery methods.
Potential Weaknesses:
- Narrow claims risk easy circumvention.
- Focused claims might not prevent competitors from developing alternative compounds or formulations outside the claimed scope.
Patent Landscape Context
Relevant Patent Trends in Taiwan and Globally:
Legal Status and Follow-Up Patents:
- As of the last update, the patent remains active with a typical 20-year lifespan from the filing date (2007), subject to renewal fees.
- No direct patent oppositions or extensions are publicly documented, suggesting stability.
Competitive Landscape:
Strategic Considerations
- Patent Strength: The specificity of claims indicates a narrow protection scope, which necessitates vigilant enforcement and potential patent drafting of second-generation patents.
- Infringement Risks: Competitors innovating away from the specific claims can challenge the patent’s relevance, urging formulators to pursue patent term extensions or combination patents.
- Market Implications: Securing this patent supports market exclusivity for the involved pharmaceutical formulation, which could delay generic entry.
Regulatory and Patent Strategy Implications
- For patent holders, leveraging the combination of composition and method claims provides robust defensibility.
- For competitors, expanding beyond the patent claims requires inventive steps, such as new APIs, alternative formulations, or different therapeutic targets.
- Regulatory pathways must consider the patent scope, especially regarding data exclusivity vs. patent rights.
Conclusion
Summary of key points:
- TW200716206 is a composition and method patent with claims focusing on specific API combinations and formulations.
- The patent landscape reflects a trend toward narrow but strategically valuable patents in pharmaceutical innovation.
- The scope’s linearity towards formulations and applications offers solid protection but invites design-around strategies.
- Maintaining patent strength involves continuous innovation and possible expansion via supplementary patents.
Key Takeaways
- The patent’s detailed claims provide protection mainly over specific formulations and uses, requiring vigilant patent landscape surveillance.
- Broadening patent scope via process claims or derivative APIs can enhance market position.
- Competitors may employ design-around strategies: altering APIs, carriers, or delivery modes.
- Patent holders should integrate patent protection with regulatory exclusivity and market strategies.
- Innovation beyond the scope of TW200716206 is crucial to sustain competitive advantage.
FAQs
Q1: How broad are the claims in TW200716206, and what are their limitations?
A1: The claims are primarily narrow, focusing on specific chemical formulations and administration methods. They do not broadly cover entire chemical classes or alternative delivery methods, which limits their scope but also opens pathways for competitors to develop similar products with modification.
Q2: Can competitors legally develop similar formulations without infringing this patent?
A2: Yes, by modifying the API, formulation, or delivery method in ways not covered by the claims, competitors can design around the patent, provided they avoid infringement of the specific claims.
Q3: What is the strategic importance of this patent in the Taiwan pharmaceutical landscape?
A3: It offers territorial exclusivity over particular formulations and uses, which can secure market advantage, especially in therapies with high barriers to generic entry due to formulation-specific patents.
Q4: How does the patent landscape in Taiwan compare to global trends?
A4: Similar to international practices, Taiwanese patents often focus on narrow compositions and methods. This strategy promotes innovation but also necessitates continual patenting of improvements and derivatives.
Q5: What future patenting strategies should the assignee consider?
A5: Expanding claims to cover broader formulations, developing combination patents, or filing patents on new delivery systems and therapeutic methods can sustain patent protection and competitive edge.
References
- Official Taiwanese Patent Database (TWDOC) – Patent TW200716206 documentation.
- Prior art references analyzed during patent prosecution.
- Global patent trends in pharmaceutical formulations.
Note: This analysis is based on publicly available patent data and standard industry practices. For tailored legal advice, professional patent counsel consultation is recommended.
