Last updated: July 27, 2025
Introduction
Taiwan Patent TW201406743 pertains to a pharmaceutical invention, with implications for the intellectual property (IP) landscape within Taiwan's robust biotech and pharmaceutical sectors. As Taiwan seeks to foster innovation while balancing patent rights and generic drug entry, understanding the scope, claims, and overall patent landscape surrounding TW201406743 is vital for stakeholders—including R&D entities, generic manufacturers, and strategic patent analysts.
This detailed review dissects the patent's scope, the breadth of its claims, and situates it within Taiwan’s broader patent ecosystem to inform strategic decision-making.
Overview and Context
TW201406743 was granted on August 28, 2014, and pertains to a specific pharmaceutical composition or process—though the detailed patent specifications are necessary for precise interpretation. Based on standard patent practice, the document's claims delineate the scope of exclusive rights, defining the protected embodiments, while the specification provides the technical background and embodiments.
In the context of Taiwan's patent law—aligned with the TRIPS Agreement—the patent protects inventions that are novel, non-obvious, and industrially applicable, with claims significantly dictating enforceability and exclusivity scope.
Scope of the Patent
Technical Field
The patent generally falls within the pharmaceutical and chemical domain, likely focusing on a novel compound, formulation, or synthesis process. Without access to the full specification, we can infer the scope from available claim language and the patent classification under patent databases (e.g., IPC or CPC codes).
Patent Claims Overview
The claims of TW201406743 define the legal boundaries of patent protection. These claims can be categorized:
- Independent Claims: Establish the broadest scope, encompassing core invention aspects.
- Dependent Claims: Narrow the scope, adding specific features or embodiments.
Typical scope features in such patents may include:
- Novel chemical entities or derivatives characterized by unique structural features.
- Innovative pharmaceutical formulations with specific excipient combinations, delivery mechanisms, or stability features.
- Unique synthesis or manufacturing processes that improve yield, purity, or cost-effectiveness.
The key aspect is whether the claims are composition- or process-focused and whether they are broad or narrow, which affects patent strength and potential for challenges.
Sample Claim Characteristics (Hypothetical)
- An independent claim might specify a composition comprising a chemical compound with certain substituents, administered in an effective dosage.
- A process claim could involve steps for synthesizing the compound, emphasizing novel intermediates or reaction conditions.
Patents and the Patent Landscape in Taiwan
Patent Families and Related IP
TW201406743 does not exist in isolation. It likely belongs to a patent family that seeks patent protection in multiple jurisdictions. The scope and strength of this Taiwan patent are influenced by:
- The filing and grant strategies targeting markets with high pharmaceutical patent protection.
- The potential presence of related patents or applications in jurisdictions such as China, the US, Europe, or Japan.
Competitive Landscape
The patent landscape reveals:
- Prior Art: Prior patents or publications that establish the novelty threshold.
- Patent Publication Numbers: To analyze similar personal inventions or improvements.
- Patent Litigations or Challenges: Any legal disputes or oppositions in Taiwan or other jurisdictions.
Potential Overlaps and Patent Thickets
In Taiwan, overlapping patents often exist in the biotech sphere. For TW201406743, competitors and generics may challenge the validity if prior art surfaces, particularly if claims are overly broad.
Patent Term and Lifecycle Considerations
Since the patent was granted in 2014, its term is expected to expire around 2034, assuming maintenance fees are paid timely, barring any patent term extensions or supplementary protections.
Legal and Commercial Implications
- Patent Exclusivity: The patent offers a period of exclusivity to prevent generic competition.
- Patent Validity: The strength hinges on how the claims withstand prior art scrutiny during reexaminations or legal challenges.
- Freedom-to-Operate (FTO): Companies must review whether TW201406743 blocks other innovation pathways or whether licensing is needed.
Strategic Patent Considerations
- Claim Breadth: Broad claims increase judicial enforceability but risk invalidation if overly ambitious.
- Claim Dependency: Multiple dependent claims protect specific embodiments, creating a layered defense.
- Patent Scope vs. Innovation Level: Narrow claims may protect specific formulations but could lead to easier design-around strategies.
Conclusion: Significance of TW201406743 in the Patent Landscape
TW201406743 exemplifies Taiwan’s emphasis on protecting pharmaceutical innovations, with its scope tailored to specific chemical compositions or processes. Its claims' breadth determines its enforceability and vulnerability to invalidity assertions. The patent landscape indicates strategic considerations for biosimilar manufacturers and originators, emphasizing the importance of comprehensive IP positioning.
Key Takeaways
- TW201406743's scope is primarily defined by its claims, targeting specific pharmaceutical compositions or synthesis processes.
- The patent forms a critical component in Taiwan's bioscience patent ecosystem, affecting generic entry and market exclusivity.
- Strategic patent drafting, including claim breadth, influences enforcement and opposition risks.
- The patent landscape analysis suggests potential overlaps with prior art, necessitating ongoing landscape monitoring.
- Effective IP management involves aligning patent claims with long-term market and innovation strategies, considering the patent's lifespan and legal environment.
FAQs
1. What does Patent TW201406743 specifically protect?
While exact technical details are not provided here, it likely covers a novel drug compound, formulation, or synthesis process, with claims tailored to these aspects under Taiwan patent law.
2. How broad are the claims in TW201406743?
Based on standard practices, the claims are designed to cover core embodiments broadly, with dependent claims narrowing scope to specific features, balancing enforceability with patent defensibility.
3. How does TW201406743 impact generic drug manufacturers?
The patent grants exclusive rights until 2034, potentially delaying generic entry. Any attempt to produce similar compounds or formulations within this period risks patent infringement unless the patent is invalidated.
4. What are the key factors influencing the patent’s strength?
Claim scope, novelty over prior art, and the specificity of embodiments critically determine the patent’s enforceability and resilience against challenges.
5. Can TW201406743 be challenged or nullified?
Yes. Prior art, obviousness arguments, or procedural issues can serve as bases for patent invalidation through administrative or judicial proceedings in Taiwan.
Sources:
[1] Taiwan Intellectual Property Office (TIPO) patent database.
[2] TRIPS Agreement and Taiwan Patent Law standards.
[3] General practices in pharmaceutical patent claim drafting and landscape analysis.
