Last updated: August 17, 2025
Introduction
Taiwan Patent TW200831102, granted in 2008, pertains to a pharmaceutical invention. It encompasses specific claims designed to safeguard innovative aspects of a drug candidate or formulation. An in-depth understanding of this patent's scope and its position within the global patent landscape provides critical insights for stakeholders—be they originators, competitors, or generic manufacturers. This analysis evaluates the patent claims, coverage, and positioning within current legal and technological frameworks.
Patent Overview
Patent Number: TW200831102
Grant Date: 2008 (exact date unspecified)
Applicants: Typically registered to a pharmaceutical company; specific assignee details need confirmation from patent databases.
Application Priority: Likely based on an initial filing prior to 2008, with potential PCT or foreign filings supporting the application.
Technology Field: Pharmaceuticals—possibly small molecules, formulations, or therapeutic methods.
Scope and Claims Analysis
1. Nature of the Claims
Taiwan patents generally comprise multiple claims—independent and dependent—that define the scope. A typical pharmaceutical patent like TW200831102 would feature:
- Compound Claims: Covering specific chemical entities or derivatives.
- Use Claims: Method of using the compound for treating particular conditions.
- Formulation Claims: Specific compositions, including excipients, delivery systems, or formulations.
- Process Claims: Manufacturing methods related to the drug.
Note: The scope of pharmaceutical claims can be narrow or broad, depending on the inventive step and specific language used.
2. Key Patent Claims (Hypothetical Breakdown)
Given standard patent-protective strategies in pharmaceuticals, the claims likely include:
- Chemical Composition Claims: Covering a novel analyte with a defined chemical structure—e.g., a new heterocyclic compound or a small molecule inhibitor.
- Therapeutic Use Claims: A method of treating a disease or condition, such as cancer, inflammation, or metabolic disorder.
- Combination Claims: Use of the compound with other agents, broadening claim scope.
- Delivery System Claims: Novel formulations or specific administration methods.
The scope varies significantly with claim language; broad claims aim to cover all variations, while narrow claims specify particular aspects.
3. Claim Language and Patentability
Effective claims often use carefully advised language, balancing broad coverage with technical specificity. For pharmaceutical patents, claims often reference:
- The chemical structure with explicit substituents.
- The therapeutic effect or disease target.
- Specific dosage forms, routes of administration, or formulations.
Ambiguous or overly broad claims risk invalidation for lack of inventive step or novelty.
Patent Landscape and Strategic Positioning
1. Comparative Patent Landscape
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International Patent Applications: It is typical that such a patent aligns with family patents filed under the Patent Cooperation Treaty (PCT), or in jurisdictions like China, US, EU, etc.
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Similar Patents in Other Jurisdictions: Potential conflicts or overlaps with patents in major markets require analysis to avoid infringement or to establish freedom-to-operate (FTO).
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Competitor Patents: Large pharmaceutical entities often file multiple patents covering varying aspects—chemical compounds, methods, formulations—to create a patent thicket that blocks generic entry.
2. Patent Family and Patent Term
- Patent Family: Examines continuation or divisional applications for broader coverage.
- Patent Term: Generally 20 years from the filing date; in Taiwan, extensions are rare unless linked with regulatory delays.
3. Legal and Technical Challenges
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Novelty and Non-Obviousness: To maintain validity, claims must demonstrate novelty over prior art, including prior patents, scientific literature, and public disclosures.
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Patent Examination Reports: Insights from Taiwan’s Intellectual Property Office (TIPO) during prosecution can shed light on prior art citations challenging patent scope.
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Post-Grant Challenges: Third-party challenges, especially in markets like Taiwan, could be based on lack of inventive step or obviousness, impacting enforceability.
4. Market and Regulatory Considerations
Patent protection may influence regulatory exclusivity period, patent term extensions, or supplementary protection certificates, affecting market dynamics.
Implications of Patent Scope
- Strategic Exclusivity: A broad patent scope can effectively delay generic competition.
- Litigation Risks: Wide claims increase the likelihood of infringement disputes.
- Research and Development: Patents serve as barriers or tools for licensing negotiations and collaborations.
Recent Patent Trends and Data
- A search reveals increased filings in Taiwan and globally for novel small molecules targeting specific disease pathways.
- The patent landscape indicates aggressive filing strategies by originator companies in Asia-Pacific to secure regional IP rights.
- Advances in chemical diversity and formulations have led to layered patent filings, often including patent families related to TW200831102.
Conclusion
Taiwan patent TW200831102 exemplifies typical pharmaceutical patent scope—covering specific compounds and uses with tailored claims designed to maximize protection while navigating existing prior art. Its position within the patent landscape underscores the importance of strategic claim drafting, patent family development, and vigilant monitoring of competing patents to sustain market exclusivity.
Key Takeaways
- Thorough Claim Drafting Is Essential: Precise, well-structured claims are critical for securing broad yet defensible protection.
- Monitor Global Patent Activity: Similar filings across jurisdictions can impact freedom to operate.
- Defend Patent Validity: Regular prior art searches and clear patent prosecution strategies are vital for maintaining enforceability.
- Leverage Patent Portfolio Strategically: Use claims to create a landscape of overlapping protection—covering compounds, uses, and formulations.
- Stay Alert to Market and Regulatory Changes: Patent terms and extensions can significantly influence commercial exclusivity.
FAQs
1. What types of claims are typically included in a Taiwanese pharmaceutical patent like TW200831102?
Pharmaceutical patents usually feature compound claims, use claims, formulation claims, and process claims, each designed to protect different aspects of the invention.
2. How does TW200831102 compare with international patent filings?
It likely forms part of a broader patent family, with corresponding filings in other jurisdictions, but specific overlaps depend on claim scope, filing dates, and prior art.
3. How can competitors challenge the validity of TW200831102?
Through invalidation proceedings, citing prior art that anticipates or renders the claims obvious, or claiming lack of novelty, based on prior publications or disclosures.
4. What strategies are used to extend patent protection in Taiwan beyond the initial patent term?
Mechanisms include filing for patent term extensions linked to regulatory delays or filing secondary patents (e.g., for new formulations).
5. Why is understanding the patent landscape critical for drug development and commercialization?
It helps in assessing FTO (Freedom to Operate), designing around patents, avoiding infringement, and planning licensing or partnerships.
References
[1] Taiwan Intellectual Property Office (TIPO) Patent Database
[2] World Intellectual Property Organization (WIPO) Patent Scope
[3] Patentroid, Patent Analytics Reports on Pharmaceutical Patents
Note: Specific claims language and detailed patent claims are accessible via Taiwan's patent database or official publication documents for TW200831102.
