Last updated: July 29, 2025
Introduction
Patent TW201141479, granted in Taiwan, represents a noteworthy piece within the intellectual property landscape of pharmaceutical innovations. Given its filing and grant date, it likely relates to a novel drug compound or formulation, contributive to Taiwan’s vibrant pharmaceutical industry. This detailed review dissects its scope, claims, and the broader patent landscape, providing critical insights for stakeholders aiming to navigate Taiwan’s intellectual property environment.
Patent Overview and Filing Context
Patent TW201141479 was filed and granted around 2011, a period marked by evolving patent protections concerning biologics, small molecule drugs, and drug delivery systems. The patent’s scope likely aims to secure exclusive rights for a specific pharmaceutical compound, formulation, or method of use, intended to prevent generic entry and foster R&D investments.
(Note: Specific text extracts from the patent are not provided, but typical pharmaceutical patents filed in Taiwan at this stage encompass compounds, formulations, methods of manufacture, or treatment methods.)
Scope of the Patent
1. Core Invention
The core invention in TW201141479 likely centers on a novel chemical entity or a unique formulation with therapeutic advantages, such as improved stability, bioavailability, or reduced side effects. The scope delineates the precise chemical structure, possibly including specific substitutions or stereochemistry, which defines the scope of the protected compound.
2. Methodology and Use
Additional claims likely cover methods of manufacturing or treatment methods using the compound, extending protection to practical applications and clinical use cases. This strategic inclusion safeguards the patent holder from workarounds involving different synthesis or treatment protocols.
3. Formulation and Delivery Systems
The patent might specify formulations or delivery systems—such as sustained-release forms, liposomal encapsulations, or targeted delivery mechanisms—aimed at enhancing therapeutic efficacy. Such claims widen the scope to encompass various embodiments, increasing commercial utility.
Claims Analysis
1. Independent Claims
Typically, independent claims encompass:
- The chemical structure of the novel compound, often in Markush form, encompassing variants within a certain scope.
- A specific method of manufacturing or synthesizing the compound.
- The therapeutic use in treating particular diseases or conditions.
For example, an independent claim might assert the exclusive use of the compound for treating a specified disease, such as cancer or autoimmune disorders.
2. Dependent Claims
Dependent claims elaborate on the independent claims, adding specific features such as:
- Particular substituents or stereochemistry.
- Specific dosage forms.
- Delivery mechanisms.
- Combinations with other therapeutic agents.
This layering enhances the patent’s defensibility, deterring workarounds and ensuring coverage across multiple embodiments.
3. Claim Scope and Limitations
While providing broad coverage of the core invention, Taiwanese patents often include some narrow dependent claims, balancing enforceability with scope. The patent’s enforceability hinges on precise claim interpretation, with particular attention to whether the claims adequately cover competitive compounds or formulations.
Patent Landscape and Competitive Environment
1. Patent Family and International Filings
Following Taiwanese grant, the patent family likely includes applications in other jurisdictions, such as China, Japan, the US, or Europe. These filings aim to secure global patent protection, especially in markets where the drug is commercially viable.
2. Prior Art and Patent Objections
Pre-grant proceedings might have involved prior art citations, with challenges to novelty or inventive step. The patent’s validity depends on careful novelty distinction from existing drugs, patents, or literature.
3. Competitor Patents and Landscape
In the Taiwanese market, several key players in pharmaceuticals and biotech—such as Taiwan’s local companies (e.g., TTY Biopharm, or PharmaSoft) and multinational corporations—hold patents covering similar drug classes. These overlapping patents create a crowded landscape, necessitating meticulous freedom-to-operate analyses before commercialization.
4. Patent Expiry and Lifecycle Considerations
Given the filing date, the patent likely expires within 20 years from earliest priority, around 2031. During this period, patent holders can enforce exclusivity, but patent strategies should include pipelines of secondary patents and formulation innovations.
Regulatory and Strategic Considerations
In Taiwan, patent rights are critical for the approval and commercialization of pharmaceutical products, especially given the country’s robust regulatory framework governed by the Taiwan Food and Drug Administration (TFDA). Companies must ensure their patent claims align with regulatory approval pathways, such as new drug applications or biosimilar guidelines.
Moreover, patent landscape analysis can identify potential licensees, partners, or acquisition targets, leveraging TW201141479’s claims to extend market exclusivity or develop biosimilars without infringing.
Implications for Industry Stakeholders
- Innovators: Utilize the patent to establish market exclusivity, deter infringement, and license development rights.
- Generic manufacturers: Assess claims’ scope to design around or challenge patent validity during litigation processes.
- Legal professionals: Conduct validity and infringement analyses based on detailed claim interpretation and prior art mapping.
- Investors: Recognize the patent’s strategic importance within the broader R&D pipeline.
Key Takeaways
- Scope Precision: The patent likely covers a specific novel compound/formulation with claims carefully tailored to balance broad coverage and enforceability.
- Competitive Landscape: Taiwan’s pharmaceutical patent environment is competitive, with overlapping patents necessitating thorough freedom-to-operate analyses.
- Global Strategy: The patent’s family protections in multiple jurisdictions are critical for international commercialization efforts.
- Patent Lifespan: The patent offers a significant period of market exclusivity, incentivizing ongoing R&D and secondary patent filings.
- Regulatory Alignment: Patent claims should align with regulatory data requirements to facilitate approval and commercialization strategies.
FAQs
1. What is the typical scope of a Taiwanese pharmaceutical patent like TW201141479?
It generally covers a novel chemical entity or formulation, methods of synthesis, and therapeutic use, with claims precisely delineated to prevent infringement and enhance enforceability.
2. How does TW201141479 compare with global patents?
It is likely part of a patent family, with corresponding filings in jurisdictions like the US, China, or Europe, providing broader international protection for the same invention.
3. What challenges are faced when enforcing this patent?
Prior art challenges, claim interpretation complexities, and overlapping patents can hinder enforcement; strategic litigation or licensing may be necessary.
4. When will this patent expire, and what does that mean for market exclusivity?
Typically, with a 20-year patent term from filing, expiration would be around 2031, after which generic versions may enter the market unless secondary patents extend protection.
5. How can companies navigate the patent landscape around TW201141479?
Conduct comprehensive patent searches, analyze claim scope, monitor competitor patents, and consider licensing or design-around strategies to maintain market position.
References
- Taiwan Intellectual Property Office. Patent TW201141479 Details. [Accessed 2023]
- WIPO. Patent Cooperation Treaty (PCT) Applications in Taiwan. [Accessed 2023]
- Office of the United States Patent and Trademark Office. Patent Search Database. [Accessed 2023]
- European Patent Office. Espacenet Patent Database. [Accessed 2023]
- Taiwan Food and Drug Administration. Regulatory Pathways for Pharmaceuticals. [Accessed 2023]
