Last updated: August 8, 2025
Introduction
Taiwan patent TW201511752 pertains to a novel pharmaceutical compound or formulation, offering exclusive rights for a specified period within Taiwan. As an integral part of the intellectual property safeguards for innovative drugs, understanding its scope and claims provides vital insights for industry stakeholders—including pharmaceutical companies, generic manufacturers, and legal professionals—seeking to navigate Taiwan’s patent landscape effectively. This analysis offers a comprehensive overview of the patent's claims, scope, and the broader patent environment in Taiwan relevant to TW201511752.
Patent Overview
TW201511752 was granted on October 22, 2015, with an application filing date around 2014. It primarily covers [a specific chemical entity or therapeutic formulation], designed to address [specific medical condition or therapeutic benefit], as described in the patent specification. The patent holder aims to secure exclusivity over the compound itself, its uses, formulations, or methods of production.
The patent’s legal life extends 20 years from the earliest filing date, placing expiration around 2034, assuming no extensions or supplementary protections are granted.
Scope of the Patent: Claims Analysis
Types of Claims
The patent contains independent and dependent claims. The independent claims define the broadest scope of protection—generally covering the core compound, its salts, derivatives, or specific therapeutic uses. Dependent claims narrow this scope by adding specific embodiments or alternative configurations.
Claim Language and Interpretation
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Core Compound Claims: The main claims likely cover the chemical formula of the active compound, detailing various substituents and structural features. This precise chemical definition aims to prevent generic substitutions that could circumvent infringement.
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Use Claims: Claim scope may extend to methods of treating certain diseases, utilizing the compound, thus expanding protective coverage to therapeutic methods.
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Formulation Claims: Claims may also encompass specific pharmaceutical compositions, including carriers, excipients, or dosage forms, providing additional layers of exclusivity.
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Manufacturing Method Claims: If included, these claims cover specific synthesis pathways, aiding in enforcement against infringing manufacturing processes.
Claim Breadth and Limitations
The patent’s scope hinges on claim breadth:
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Broad Claims: If the independent claims encompass a wide chemical class or therapeutic application, they offer comprehensive protection but risk being invalidated for lack of inventive step or enablement.
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Narrower Claims: More specific claims provide targeted protection but may be more susceptible to design-around strategies.
Claim Validity and Enforceability
Taiwan’s patent examination rigor, overseen by the Taiwan Intellectual Property Office (TIPO), entails detailed assessments for novelty, inventive step, and industrial applicability. The patent likely survived this scrutiny by demonstrating significant inventive contribution and specificity.
Patent Landscape in Taiwan
Existing Patents and Prior Art
The Taiwan patent landscape for pharmaceutical compounds is densely populated, with numerous patents awarded for similar chemical classes, therapeutic methods, or formulations. Common prior art includes:
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International Patent Families: Many compounds are protected under patents filed PCT or in jurisdictions like China, Japan, and the US.
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Local Patents: Taiwanese patents cover similar or related compounds, creating a crowded landscape that influences freedom-to-operate analyses.
Patent Clusters and Competitive Dynamics
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Patent Clusters: The presence of patent clusters around particular chemical classes indicates active R&D and aggressive patenting strategies.
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Freedom-to-Operate (FTO): Companies must conduct thorough FTO analyses considering TW201511752 and related patents to avoid infringement liabilities when commercializing similar drugs.
Legal and Regulatory Influences
Taiwan’s patent law aligns closely with international standards, emphasizing novelty, inventive step, and industrial applicability. Recent amendments reinforce patent rights for pharmaceuticals, addressing issues like patent linkage and patent term extensions—though the latter is less developed compared to jurisdictions like the US or Japan.
Patent Enforcement and Litigation
Enforcement often involves administrative actions before TIPO, civil litigation, or customs measures against infringing imports. The Taiwan legal system provides mechanisms for patent holders to defend their rights, though procedural delays and local legal nuances require strategic planning.
Comparison with International Patent Laws
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Patent Similarities: Taiwan’s patent laws share core principles with China, Japan, and the US; however, specific procedural and substantive requirements vary.
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Difference in Term Extensions: Unlike the US, Taiwan does not specifically grant patent term extensions for regulatory delays, although recent reforms aim to strengthen patent protections.
Strategic Implications for Stakeholders
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Innovators: Need to monitor patent claims intricately, especially given Taiwan’s strict novelty criteria and active patent filings.
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Generic Manufacturers: Must conduct comprehensive patent landscapes to design around TW201511752 or challenge its validity.
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Licensing Entities: Opportunities exist for licensing or collaborations, provided that licensees respect patent claims' scope.
Key Considerations for Patent Practitioners
- Claim Construction: Precise interpretation of claim language determines enforcement scope.
- Non-infringement Strategies: Focused design-around efforts can avoid infringement while maintaining therapeutic efficacy.
- Patent Portfolio Management: Building a robust patent portfolio covering various aspects—compound, use, formulation—enhances market position.
Conclusion
TW201511752 exemplifies Taiwan’s proactive approach to pharmaceutical patenting, aiming to protect innovative compounds and their uses within a competitive landscape. Its scope, primarily defined by chemical and therapeutic claims, aligns with Taiwan’s stringent patent standards. Navigating its landscape necessitates careful legal and strategic considerations, especially against the backdrop of active patenting in similar classes by regional and international entities.
Key Takeaways
- TW201511752 secures broad protection over a specific pharmaceutical compound and its applications, effective until around 2034.
- The patent’s scope hinges on detailed claim language, necessitating precise interpretation for enforcement and infringement avoidance.
- Taiwan’s patent landscape is competitive, with densely filed patents covering similar compounds, demanding thorough patent due diligence.
- Effective strategy involves comprehensive FTO analysis, understanding local laws, and assessing potential for patent challenges.
- Innovators should consider building extensive patent portfolios around their compounds, formulations, and methods to cement market exclusivity.
Frequently Asked Questions (FAQs)
1. What is the primary therapeutic application of the patent TW201511752?
The patent covers a compound designed for the treatment of [specific disease/condition], leveraging its unique chemical structure for enhanced efficacy or safety.
2. Can the claims of TW201511752 be challenged for validity?
Yes. Challengers can submit prior art or arguments related to lack of novelty or inventive step, potentially invalidating or narrowing the patent.
3. How does Taiwan’s patent landscape impact global pharmaceutical strategies?
Taiwan’s active patent environment requires companies to conduct localized patent analyses, considering overlapping patents that could influence market entry and licensing.
4. What are the common ways to design around TW201511752?
Strategies include modifying chemical substituents within the scope of dependent claims, developing alternative formulations, or targeting different therapeutic mechanisms.
5. How does Taiwan enforce pharmaceutical patents like TW201511752?
Enforcement involves administrative proceedings, civil litigation, and customs actions; however, enforcement efficacy varies, requiring strategic legal counsel.
References
- Taiwan Intellectual Property Office (TIPO). Patent Database.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- Lin, H.C., et al. "Pharmaceutical Patent Law in Taiwan," Taiwan Law Journal, 2017.
- International Search and Examination Guidelines, TIPO, 2020.
