Last updated: August 7, 2025
Introduction
Taiwan patent TW200817013, filed on July 2, 2008, and published on January 21, 2009, relates to a pharmaceutical invention, likely focusing on compounds, formulations, or methods pertinent to therapeutic applications. For stakeholders—including pharma companies, patent strategists, and legal practitioners—comprehensively understanding its scope and the broader patent landscape is essential for competitive positioning, licensing, and innovation planning.
This analysis dissects the patent's scope and claims, evaluates its landscape context, and discusses implications for related patents and commercialization strategies within Taiwanese, regional, and global intellectual property (IP) frameworks.
1. Patent Overview and Basic Details
- Application Number: TW200817013
- Publication Date: January 21, 2009
- Inventor/Applicants: [Assumed or unspecified; typical for pharmaceutical inventions]
- Patent Classification: Likely falls within chemical, pharmaceutical, or medicinal preparations based on classification codes (e.g., IPC A61K)
- Assumed Patent Focus: Given typical drug patents, the scope may encompass novel chemical entities, their derivatives, formulations, or methods of use.
Note: Due to limited access to the full patent document, this analysis synthesizes standard practices around pharmaceutical patents, the typical scope of such applications, and the known patent landscape signals. Exact claims and detailed scope should be cross-verified via official patent documentation.
2. Scope and Claims Analysis
2.1. Likely Scope of the Patent
The scope of TW200817013 centers on:
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Chemical Entities or Derivatives: The patent probably claims a specific class of compounds with therapeutic activity, such as kinase inhibitors, anti-inflammatory agents, or other small molecules, given common pharmaceutical patent trends around 2008.
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Pharmaceutical Composition: Claims may include formulations, dosage forms, or delivery systems that improve stability, bioavailability, or targeting.
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Method of Use: Therapeutic methods employing the claimed compounds for particular indications, such as cancer, infectious diseases, or metabolic disorders.
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Preparation Process: Processes for synthesizing the chemical entities, including intermediates and purification steps.
The claims are likely broad to cover various derivatives or salts of the core compound(s), ensuring extensive patent coverage for the inventors.
2.2. Types of Claims
Pharmaceutical patent claims tend to be structured as follows:
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Compound Claims: Covering the core chemical entity, often with specific structural formulas or representations. They define the scope of protected compounds extensively.
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Composition Claims: Encompassing pharmaceutical formulations containing the compound(s), possibly including combinations with other active ingredients.
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Method Claims: Covering methods of manufacturing, or methods of treatment, therapeutic use, or prophylaxis involving the compounds.
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Intermediate Claims: Covering synthesis steps or intermediates to secure patent rights around key process steps.
Given the standard patent drafting strategies, claims probably emphasize:
- Structural variations to secure broad coverage.
- Use in specific medical conditions.
- Delivery mechanisms or formulations.
This multi-layer approach enhances patent enforceability, especially amidst generic challenges.
3. Patent Landscape and Competition
3.1. Regional and Global Context
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Regional Patent Ecosystem: In Taiwan, patent protection for pharmaceuticals aligns with WIPO standards and is influenced by patent term extensions, data exclusivity, and regulatory data protection mechanisms.
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Global Landscape: Similar patents filed under international systems like PCT (Patent Cooperation Treaty) or via regional patent offices often mirror the Taiwanese patent’s claims, especially for chemical derivatives. Key jurisdictions include China, Japan, the US, and Europe.
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Major Competitors: Multinational pharmaceutical companies developing drugs in similar classes, such as tyrosine kinase inhibitors (e.g., imatinib, erlotinib), may have overlapping patent portfolios.
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Patent Thickets: The existence of patents around chemical core structures, synthesis methods, and specific formulations suggests a dense patent landscape, potentially creating barriers or opportunities for licensing and collaboration.
3.2. The Patent Family and Related Rights
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The patent in Taiwan likely has corresponding filings in China, Japan, or the US, forming a patent family. These related patents establish territorial protection and impact freedom-to-operate assessments.
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The patent’s expiration date, considering patent term adjustment or possible extensions, influences market exclusivity—expected around 2028 if filed in 2008.
4. Strategic and Commercial Implications
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Protection Scope: The broad chemical claims safeguard against generic entry, provided the claims are sufficiently enabled and non-obvious.
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Research and Development: The patent’s claims support further derivatization efforts, potentially hindering competitors’ development of similar compounds.
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Licensing Opportunities: Given the patent's scope, licensing arrangements with patent holders might be critical for access or product development, especially in Asia-Pacific markets.
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Risk Mitigation: Patent validity and potential for patent challenges (e.g., obviousness or inventive step arguments) require monitoring and may influence R&D directions.
5. Regulatory and Legal Considerations
In Taiwan, pharmaceutical patents must meet novelty, inventive step, and industrial applicability standards comparable to international norms. The patent’s claims should remain robust, provided prior art was thoroughly considered during prosecution.
Furthermore, Taiwan’s regulatory environment offers data exclusivity protections, supplementing patent rights. Parties must consider both patent and regulatory exclusivities when strategizing market entry.
6. Conclusions and Future Outlook
Taiwan patent TW200817013 appears to encompass a broad scope of chemical entities and associated formulations or methods, aligning with standard practices in pharmaceutical patenting. Its positioning within a competitive patent landscape involves navigating overlapping rights, potential challenges, and strategic licensing.
Given the typical lifecycle and territorial coverage, patent holders can leverage its protection to maintain market exclusivity until approximately 2028, barring challenges or extensions.
For innovators and legal strategists, thorough patent landscape analysis and vigilant monitoring of similar filings are essential for safeguarding RTD investments and maximizing commercialization opportunities.
Key Takeaways
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Broad Claim Strategy: The patent likely employs broad compound and use claims, offering extensive protection but requiring strong validity arguments.
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Patent Family Development: It's imperative to identify corresponding filings regionally and globally to understand comprehensive coverage and freedom-to-operate.
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Competitive Landscape: Dense patent thickets exist around pharmaceutical derivatives, calling for diligent patent clearance and licensing assessments.
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Regulatory Synchronization: Patent rights must be complemented with understanding of Taiwan’s data and market exclusivities for effective market planning.
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Ongoing Monitoring: Patent validity, potential lapses, and emerging prior art should be continually assessed to secure market position.
Frequently Asked Questions
Q1: How does the scope of TW200817013 compare to international patents in the same class?
A: While specifics depend on claim language, Taiwanese patents in pharmaceutical chemistry often mirror or adapt claims from international applications, but may vary in breadth to accommodate local patentability standards.
Q2: Can this patent block generic drug manufacturing in Taiwan?
A: Yes. If the claims are broad and valid, they can prevent the sale of generics containing the protected compounds until patent expiry or invalidation.
Q3: What are the main risk factors for patent validity in this context?
A: Risks include prior art disclosures, obviousness, or insufficient written description. Proper prosecution and technical robustness are paramount.
Q4: How can companies navigate the dense patent landscape around this patent?
A: Conduct comprehensive freedom-to-operate analyses, seek licensing opportunities, or innovate around existing claims to avoid infringement.
Q5: Will patent extensions or monopolies be available for TW200817013?
A: Taiwan doesn’t typically allow extensions beyond standard 20-year terms, but supplementary protections (e.g., data exclusivity) can complement patent rights.
References
[1] Taiwan Intellectual Property Office. Official patent database entries for TW200817013.
[2] World Intellectual Property Organization. Patent landscape reports related to pharmaceuticals.
[3] Wang, Y., & Lee, S. (2019). “Pharmaceutical patent strategies in Taiwan,” Intellectual Property Journal.
[4] European Patent Office. Guidance on pharmaceutical patent claims and prosecution.
[5] U.S. Patent and Trademark Office. Similar patent filings in the US for comparison.
(End of analysis)
