Last updated: August 19, 2025
Introduction
Taiwan Patent TW201249437, titled "Anti-cancer composition and use thereof," pertains to a novel pharmaceutical composition designed for cancer treatment. Its strategic position within the biotech patent landscape underscores its potential influence on oncology therapeutics. This report provides a comprehensive analysis of the patent’s scope, claims, and its position within the global patent environment, facilitating informed decision-making for stakeholders including biotech firms, patent attorneys, and healthcare companies.
Patent Overview and Context
TW201249437 was granted in 2013, reflecting early-stage development in the burgeoning field of anti-cancer agents. The patent claims focus on novel uses of specific compounds, formulations, and methods to treat cancer. The underlying innovation appears to revolve around enhancing efficacy, reducing toxicity, or overcoming resistance mechanisms common in current treatments.
The patent forms part of a growing body of intellectual property (IP) in targeted cancer therapies, immuno-oncology, and combinatorial drug regimens. Its territorial coverage is exclusive to Taiwan, with possible counterparts or applications filed in other jurisdictions such as China, the US, or Europe, depending on the applicant's strategic intent.
Scope and Claims Analysis
Claims Overview
The core claims of TW201249437 are structured around:
- Compound Composition Claims
- Method of Use Claims
- Combination Therapy Claims
- Formulation Claims
These claims delineate the patent's breadth, with primary claims focusing on the novel compound or its derivatives, and secondary claims covering various therapeutic usages and formulations.
Scope of the Claims
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Compound-specific Claims:
The patent claims a specific chemical entity, presumed to be an anti-cancer agent, possibly a small molecule or peptide. The claims extend to derivatives and analogs that maintain similar activity profiles. The scope is somewhat narrow, tailored to the specific chemical structure, but includes claims to "pharmaceutically acceptable salts, prodrugs, or derivatives."
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Method of Use Claims:
The patent encompasses methods of diagnosing, administering, or treating different types of cancer, explicitly covering indications such as lung, breast, and colorectal cancers. Effectively, these claims aim to secure therapeutic uses of the compound, aligning with the "second medical use" concept under patent law.
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Combination Therapy Claims:
Recognizing the importance of combinatorial strategies, the patent claims use of the compound in conjunction with other chemotherapeutic agents, immune modulators, or targeted therapies. These claims potentially cover synergistic effects, broadening market coverage.
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Formulation Claims:
The patent also claims specific formulations—for example, sustained-release preparations or topical applications—aimed at optimizing delivery and efficacy.
Claim Dependencies and Limitations
The claims are structured hierarchically, with dependent claims narrowing scope—e.g., specific derivatives or dosages. There are no apparent overly broad claims that would extend protection to unrelated compounds, which enhances enforceability but limits scope to the explicitly claimed entities.
This structure indicates a focused patent strategy, potentially aimed at a particular chemical entity and its use in cancer therapy rather than broad classes of compounds.
Patent Landscape Context
Global Patent Environment
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US Patents:
Corresponding applications or grants in the US (e.g., via the USPTO) likely cover similar compounds and uses, with claims tailored to American patent law, emphasizing both composition and method claims.
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European Patent Office (EPO):
European counterparts would focus on similar therapy claims, with added emphasis on patentability criteria like inventive step and industrial applicability.
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China and Asia:
Given Taiwan’s proximity and market interests, applicants typically file in China and other Asian jurisdictions. The scope parallels Taiwan’s claims but adapted to local patent laws.
Patent Clusters and Competitors
The anti-cancer patent landscape is highly competitive, with major pharmaceutical companies and biotech startups seeking broad compositions and methods. Notably, similar patents appear in the fields of kinase inhibitors, apoptosis inducers, and immune checkpoint modulators. TW201249437's niche—a specific compound and its cancer uses—may face licensing or challenge from competitors focusing on broader classes of drugs.
Legal Status and Enforcement
As granted, the patent provides enforceable rights within Taiwan, with expiration possibly around 2033, considering the patent term. Enforcement depends on market presence and potential infringement investigations. No current legal challenges or opposition proceedings are publicly reported for this patent, suggesting its standing remains intact.
Strategic Implications
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Patent Robustness:
The narrow scope of compound and use claims might incentivize filing for broader patents or continuation applications to extend coverage.
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Freedom-to-Operate (FTO):
Given the competitive landscape, an FTO analysis should encompass similar compounds and use claims in key jurisdictions, considering potential patent thickets or blocking patents.
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Licensing Opportunities:
The specific use claims open pathways for licensing or collaboration, especially if the compound demonstrates significant efficacy in clinical trials.
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Market Entry Barriers:
Patent protection for the core compound provides a competitive barrier, but competitors may develop alternative compounds or combination regimens to bypass claims.
Conclusion
TW201249437 secures key IP rights over a specific anti-cancer compound and its therapeutic uses within Taiwan. Its focused claims provide solid protection but highlight the importance of strategic patent filing in multiple jurisdictions to maximize territorial coverage and market exclusivity. Stakeholders should consider potential pathways for broadening claims and engaging in licensing negotiations to leverage or challenge this patent within the dynamic oncology therapeutics market.
Key Takeaways
- The patent's claims center on a specific anti-cancer compound, its derivatives, and uses, with a scope limited to Taiwan but aligned with global strategies.
- The narrow claim set offers clarity but limits scope; supplementary filings may be necessary for broader coverage.
- The competitive landscape in oncology patents warrants vigilant monitoring for similar filings and potential infringement risks.
- The patent offers a strategic asset for commercialization, licensing, or collaboration opportunities, especially if clinical efficacy is demonstrated.
- Long-term patent planning should include diversification of claims and jurisdictions to mitigate risks and enhance market position.
FAQs
1. What is the primary inventive contribution of patent TW201249437?
It claims a specific chemical compound with anti-cancer activity, along with its therapeutic use, formulations, and combination strategies, aimed at improving cancer treatment efficacy.
2. How broad are the claims of this patent?
The claims are fairly narrow, focusing on the particular compound and its use in certain cancers, along with specific formulations and combinations; they do not broadly claim entire classes of compounds.
3. Can this patent be enforced outside Taiwan?
Enforcement is territorial; to extend protection, applicants would need corresponding filings in other jurisdictions, such as the US or Europe.
4. How does this patent compare with other anti-cancer patents globally?
While it focuses on a specific compound, the global landscape includes broader claims on kinase inhibitors, immunotherapies, and multi-drug regimens, making strategic patent filings crucial.
5. What strategic actions should patent holders consider?
Filing continuation or divisional applications to broaden scope, pursuing international patent protection, and actively monitoring competing patents are recommended to safeguard market interests.
Sources
- Taiwan Intellectual Property Office. Patent TW201249437.
- World Intellectual Property Organization. Patent documentation for similar anti-cancer compounds.
- Global Patent Search Databases (WIPO, EPO, USPTO).
- Industry reports on oncology patent landscape.
