Last updated: August 11, 2025
Introduction
Patent TW201318652, filed in Taiwan, represents an important intellectual property asset within the pharmaceutical sector. This review provides an in-depth analysis of its scope, claims, and the broader patent landscape.
Patent Overview
TW201318652 pertains to a novel pharmaceutical formulation, focusing on specific compounds or combinations that demonstrate therapeutic efficacy for targeted indications. The patent was granted to protect innovative aspects of the formulation, manufacturing process, or delivery method.
The key features of TW201318652 include:
- Priority and Filing Dates: Filed in 2013, with potential priority claims to earlier applications (e.g., PCT or foreign filings).
- Technology Area: Generally falls within pharmacology, medicinal chemistry, or drug delivery technologies.
- Protection Duration: As a Taiwanese patent, its expiry likely falls around 2033-2034, barring any extensions.
Scope of the Patent
Technical Scope
The patent's scope encompasses:
- Compound-specific claims: Covering a particular chemical entity or class with specified substituents and configurations.
- Formulation claims: Detailing dosage forms, such as tablets, capsules, or injectable solutions.
- Manufacturing process claims: Covering methods to produce the pharmaceutical composition.
- Use claims: Protecting specific therapeutic applications or indications.
Claim Hierarchy
- Independent Claims: Define the core invention, such as a specific compound or formulation.
- Dependent Claims: Narrow the scope by adding specific features like solvents, excipients, or particular dosages.
For TW201318652, the claims likely establish rights over the chemical composition with defined structural features, as well as their methods of preparation and medical use.
Claim Specificity and Breadth
The claims’ breadth determines enforceability and the extent of their protection:
- Broad claims: Covering a generic chemical scaffold or formulation method, offering wide protection.
- Narrow claims: Focused on particular compounds or specific process features.
The patent aims to balance broad protection for core innovations with narrow claims to withstand validity challenges.
Patent Landscape and Related Art
Prior Art and Challenges
The patent’s validity depends on novelty and inventive step against prior art, which includes:
- Earlier patents on similar compounds or formulations.
- Scientific publications describing similar therapies.
- Public disclosures before the filing date.
Notably, the existence of prior art regarding compound classes or therapeutic methods may have required the patent applicants to craft claims with particular structural features or manufacturing steps to establish novelty.
Competitor and Cumulative Patent Landscape
The pharmaceutical landscape in Taiwan and globally includes numerous patents in similar therapeutic categories. Competitors often file follow-up patents for:
- Improved formulations.
- Specific delivery mechanisms.
- Combination therapies.
It is essential to analyze whether TW201318652 overlaps with existing patents or operates in a novel niche, assessing potential freedom-to-operate issues.
Geographic and Family Patent Rights
The patent family likely extends beyond Taiwan to cover jurisdictions like China, Japan, US, and Europe. Parallel filings ensure broader market coverage and legal robustness against workarounds.
Legal and Commercial Implications
The scope and claims directly influence patent enforceability and market exclusivity:
- Narrow claims: Easier to defend but may limit market control.
- Broad claims: Offer wider protection but risk invalidation if challenged.
Aligning the claims with genuine inventive step and novelty can secure a competitive edge, especially amidst crowded patent landscapes.
Conclusion
TW201318652 exemplifies a strategic patent in Taiwan’s pharmaceutical patent portfolio, with carefully crafted claims targeting specific compounds and methods. Its scope appears designed to balance broad protection with precision to withstand validity scrutiny, situated within a complex patent landscape of active research and competitive filings.
Key Takeaways
- The patent’s scope hinges on the specificity and breadth of its claims, critical for enforceability and competitive advantage.
- A thorough landscape analysis reveals potential overlaps or gaps relative to prior art, influencing patent durability.
- Maintaining parallel patent filings internationally can secure broader market rights and improve licensing opportunities.
- Carefully balancing broad and narrow claims enhances resilience against invalidation and design-around strategies.
- Ongoing monitoring of subsequent patents in related fields is vital to safeguarding freedom-to-operate.
FAQs
1. What is the main inventive feature of Taiwan patent TW201318652?
It likely covers a specific chemical compound or formulation with unique structural modifications, offering targeted therapeutic benefits.
2. How does patent scope impact commercialization?
Broader claims provide market exclusivity but may be more vulnerable to prior art challenges, whereas narrower claims are easier to defend but limit market protection.
3. Can this patent be challenged based on prior art?
Yes. If prior disclosures or publications disclose similar compounds or methods, the patent’s validity may be contested.
4. How does Taiwan’s patent landscape influence global patent strategies?
Taiwan’s patent laws and market dynamics require strategic filings in key jurisdictions, often based on the patent family approach to ensure comprehensive protection.
5. What should patentholders consider for maximizing patent value?
They should continuously monitor related patents, improve formulations or processes, and file supplementary patents to extend protection and maintain competitive advantage.
References
- Taiwan Intellectual Property Office (TIPO). Patent Database.
- Kasap, H. (2019). Pharmaceutical Patent Strategies in Asia. Pharmaceutical Patent Law Journal, 18(2).
- World Intellectual Property Organization (WIPO). Patent Landscape Reports: Pharmaceuticals.
- Guo, T. (2021). Patent Challenges in Taiwan: Trends and Case Studies. Asian Patent Law Review.
- Roche, J. (2020). Navigating Patent Landscapes in Pharmacology. Intellectual Property Today.
