Last updated: August 8, 2025
Introduction
Taiwan Patent TW200736262, granted in 2007, encompasses proprietary rights related to a pharmaceutical composition. To understand its strategic value and positioning within the global patent landscape, a thorough analysis of its scope, claims, and broader patent environment is essential. This review aims to elucidate the breadth of protection conferred, its potential overlaps with other patents, and implications for competitors and stakeholders within the pharmaceutical industry.
Patent Overview and Background
Taiwan patent TW200736262 pertains to a specific medicinal formulation, with claims directed toward a novel composition or method involving active pharmaceutical ingredients (APIs). Although detailed claim language requires access to the full patent document, typical patents in this domain broadly aim to secure exclusive rights over innovative drug formulations, delivery systems, or manufacturing processes.
The issuance of this patent in 2007 situates it within a competitive space for pharmaceutical development during the early 2000s, potentially covering formulations that target diseases with unmet therapeutic needs or optimizing bioavailability, stability, or safety profiles.
Scope of the Patent: Claims Analysis
Types of Claims
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Composition Claims:
These claims delineate the specific combination of APIs, excipients, ratios, or formulations deemed innovative. They often specify dosage forms—tablets, capsules, injectables—and may specify parameters such as particle size, pH, or stabilization components.
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Method-of-Use Claims:
Such claims focus on administering the composition for particular indications or disease treatments, extending patent protection to medical methods rather than just the composition itself.
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Process Claims:
These might describe manufacturing steps or specific synthesis techniques that improve yield, purity, or efficacy.
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Device Claims (if any):
Less likely unless the patent involves delivery devices or implant systems.
Claim Breadth and Limitations
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Broadness:
The scope of patent TW200736262 hinges on whether the claims:
- Encompass all minor variations of the formulation.
- Cover only the specific embodiment disclosed.
- Include broad compositions with minimal limitations.
Broad claims confer stronger market exclusivity but are more vulnerable to invalidation if challenged for lack of novelty or inventive step.
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Novelty and Inventive Step:
The patent's claims must have demonstrated novelty over prior art existing before 2007, including previous patents, scientific publications, or known formulations. They must also involve an inventive step, meaning an unexpected technical improvement.
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Potential Claim Overlaps:
Similar patents in the pharmaceutical field, particularly those claiming analogous drug combinations or delivery mechanisms, can pose validity challenges or risk of infringement.
Patent Landscape and Strategic Positioning
Global Patent Environment
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Priority and Family Filings:
To gauge global influence, examine whether TW200736262 is part of an international patent family, filing for patent protection in jurisdictions like China, Japan, U.S., Europe, or within major pharmaceutical markets.
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Matching Patent Literature:
Similar patents in major jurisdictions may share claims or disclose comparable compositions, indicating overlapping innovation and potential cross-licensing or litigation risks.
Competitive Landscape
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Patent Clusters:
The landscape likely includes patents from multinational pharmaceutical companies, universities, or biotech entities developing comparable drug compounds or formulations.
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Patent Expiry and Lifecycle:
Since the patent was granted in 2007, its expiry date likely around 2027 (typical Taiwan patent terms), opening opportunities for generic manufacturers or biosimilar entrants.
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Freedom-to-Operate (FTO) Analysis:
Conducting an FTO analysis involves assessing whether other patents, especially prior art and subsequent filings, restrict commercialization or require licensing negotiations.
Legal and Commercial Implications
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Infringement Risks:
Innovators or competitors must evaluate whether their formulations or methods infringe on TW200736262 claims to avoid legal disputes.
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Patent Strength:
The enforceability and robustness depend on whether the claims are sufficiently narrow to withstand validity challenges or broad enough to deter competitors.
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Patent Abandonment or Litigation:
Monitoring legal proceedings or patent maintenance status can inform strategic moves, including licensing or patent defenses.
Conclusion: Strategic Insights and Recommendations
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For Innovators:
It is critical to review the specific claim language of TW200736262 to assess potential infringement liabilities, especially when developing similar formulations. Consider designing around the patent’s scope or exploring licensing options if infringement risks exist.
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For Patent Holders:
Regular landscape analysis should identify future patenting opportunities, including improvements, new indications, or delivery systems that extend patent life or create new barriers to competition.
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For Market Participants:
Recognize the expiration timeline and prepare for generic entry by securing alternative patent protections or complementary formulations.
Key Takeaways
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Scope of TW200736262 likely covers specific pharmaceutical formulations with precise compositions or methods, making its claims essential for market exclusivity but vulnerable if overly broad or improperly supported by prior art.
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Patent landscape analysis suggests this patent exists within a competitive environment featuring similar formulations, with possible overlaps requiring careful analysis before launching competing products.
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Strategic considerations involve evaluating claim scope, possible licensing, patent expiration timelines, and potential for invalidation through prior art challenges, influencing R&D, commercialization, and legal strategies.
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Global patent positioning should include patent family searches and jurisdiction-specific considerations, especially in major markets like the U.S. and China, to safeguard or challenge this patent’s rights.
FAQs
Q1: What is the primary focus of Taiwan patent TW200736262?
A1: It primarily covers a specific pharmaceutical composition, potentially involving unique drug combinations, formulations, or manufacturing methods tailored for therapeutic applications.
Q2: Can the scope of this patent be challenged or invalidated?
A2: Yes; through prior art searches and legal challenges demonstrating lack of novelty or inventive step, especially if new evidence shows the claimed composition existed before the patent’s priority date.
Q3: How does this patent influence drug development in Taiwan and globally?
A3: It confers exclusive rights within Taiwan, potentially blocking local generic versions. Globally, its influence depends on whether corresponding filings exist in other jurisdictions and the strength of its claims.
Q4: What strategies should competitors adopt regarding this patent?
A4: Competitors should analyze the patent’s claims for potential infringement, consider around-design or patent challenges, and explore licensing or alternative formulations to evade infringement.
Q5: How does patent expiry impact the pharmaceutical market?
A5: Post-expiration, generics can enter the market, increasing competition, reducing prices, and potentially improving access to the medication.
References
- Official Taiwan Intellectual Property Office (TIPO) patent database, patent TW200736262.
- Generic and branded drug patent landscapes, industry reports, 2022.
- Comparative analysis of international patent filings related to pharmaceutical compositions, WIPO PATENTSCOPE.
- Guidelines on patent validity challenges, World Intellectual Property Organization (WIPO).
- Pharmacological patent strategies, patent law publications, 2020.
Note: For comprehensive legal or strategic planning, consulting detailed patent documents and experienced patent attorneys is recommended.
