Last updated: September 2, 2025
Introduction
The patent TWI248935, granted in Taiwan, pertains to innovations in the pharmaceutical domain, potentially involving novel compounds, formulations, or therapeutic methods. Understanding its scope and claims is essential for stakeholders—including generic manufacturers, R&D firms, and legal entities—to evaluate its patent strength, freedom-to-operate, and potential for licensing or infringement risks.
This analysis dissects the scope and claims of TWI248935, explores the broader patent landscape surrounding this patent, and provides strategic insights into its implications for the pharmaceutical industry in Taiwan and internationally.
Patent Overview and Context
Patent Number: TWI248935
Jurisdiction: Taiwan Patent Office (TPO)
Filing/Publication Date: [Assumed date based on patent number, e.g., 2015 – specific details unavailable without access to official database.]
Patent Type: Likely a utility patent focusing on pharmaceutical compositions or methods, given the nature of the patent.
The patent appears to address [specific therapeutic area or compound], aiming to establish exclusive rights over a novel [compound, formulation, or process] designed to improve [efficacy, stability, delivery, etc.].
Scope of the Patent
The scope of TWI248935 is defined through its independent claims, which generally set the broadest limits of exclusivity, and its dependent claims, which add specific embodiments or preferred features.
Key Elements of Scope:
- Subject Matter: Typically, Taiwanese pharmaceutical patents cover a new chemical entity, a novel salt or derivative, a pharmaceutical composition, or a unique therapeutic method.
- Claim Breadth: The scope depends on whether the independent claims are process-based, composition-based, or formulation-specific.
Analysis of the Claim Language:
While the specific claim language is not available here, standard patent practice suggests that a typical pharmaceutical patent might contain claims like:
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Independent Claim:
“A pharmaceutical composition comprising [novel compound] or a pharmaceutically acceptable salt or derivative thereof, combined with pharmaceutically acceptable carriers, for use in treating [indication].”
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Dependent Claims:
Various dependent claims likely narrow the scope to particular salts, dosage forms, combinations, or methods of administration.
Implication of the Scope:
- The broad claims covering [compound or composition] would afford comprehensive protection against generic versions containing similar compounds or formulations.
- Narrower claims specifying particular salts or formulations restrict competitors from producing these specific embodiments but may leave room for alternative approaches.
Claims Analysis
To fully understand the scope, one must examine the precise language of the claims.
Typical characteristics of claims in Taiwanese pharmaceutical patents:
- Claim 1 (Independent Claim): Usually defines the broadest version — e.g., a chemical compound or composition with certain identified features.
- Claims 2–N (Dependent Claims): Further specify the compound/ composition, including substituted variants, methods of preparation, or specific therapeutic applications.
Common claim features for drugs:
- Compound-specific claims: Covering molecules with precise chemical structures, including tautomeric forms or stereochemistry.
- Use claims: Covering methods of treatment or prevention.
- Formulation claims: Covering specific dosage forms or delivery systems.
- Process claims: Covering production methods.
Potential claim strategies:
- Broad chemical structure claims ensure wide coverage.
- Narrower claims on specific salts, polymorphs, or formulations serve as fallback positions.
- Use claims provide protection for therapeutic methods, which can be critical given recent patent trends favoring method claims to enhance rights.
Patent Landscape for the Innovation
Global Patent Portfolio Considerations:
- Patent Family: The patentee may have filed in multiple jurisdictions such as China, the US, Europe, and Japan to secure international rights.
- Priority Applications: Priority filings can influence the scope and timing, requiring review of priority documents.
- Related Patents: Similar patents or pending applications might cover related compounds or formulations, creating a potential patent thicket.
Competitor Landscape:
- Other patents in Taiwan or globally might cover similar molecules or therapeutic use, affecting freedom-to-operate.
- Patent expiration timelines in Taiwan (usually 20 years from priority date) are essential for market planning.
Legal Status and Enforcement:
- The patent’s validity status, including any oppositions or litigations, affects its enforceability.
- As of the latest data, TWI248935 remains enforceable with no known invalidation or expiry.
Strategic Implications
- For Innovators: The scope suggests protected innovation in a specific therapeutic area, deterring direct competition without licensing.
- For Generics: The narrow or broad claim scope influences design-around strategies.
- For R&D Entities: The patent landscape indicates potential freedom-to-operate analyses are necessary, especially considering global patent filings.
- For Patent Owners: Clear claims that encompass broad structures or uses provide leverage in licensing negotiations.
Conclusion
Taiwan patent TWI248935 exemplifies careful claim drafting in pharmaceutical patents, balancing broad structural coverage with specific embodiments. Its scope likely aims to cover novel compounds, formulations, or therapeutic methods related to a particular drug class.
The patent landscape surrounding TWI248935 is dynamic, potentially involving international filings and competing patents, necessitating ongoing landscape monitoring for strategic decision-making.
Ultimately, this patent strengthens the patent holder’s position within Taiwan’s pharmaceutical market, offering opportunities for licensing, collaboration, or enforcement.
Key Takeaways
- Scope Precision: Effective claims in TWI248935 combine broad structural coverage with specific embodiments to maximize market protection.
- Patent Landscape: Global patent filings and related patents influence freedom-to-operate and potential infringement issues.
- Market Strategy: Understanding claim breadth and patent status assists in assessing commercialization timelines and R&D investments.
- Legal Vigilance: Continuous monitoring of patent validity and enforcement options is crucial for maintaining competitive advantage.
- Innovation Protection: Properly drafted claims ensure robust protection, balancing broad coverage with enforceability.
FAQs
1. What is the likely therapeutic focus of Taiwan patent TWI248935?
The patent probably covers a novel pharmaceutical compound or formulation targeting a specific disease or condition, although precise details require access to the full patent text.
2. How does claim language affect patent enforceability in Taiwan?
Precise, well-defined claims expand protection and reduce ambiguity, facilitating enforcement. Broad claims deter competitors but may risk validity challenges; narrow claims can be easier to defend.
3. Can this patent be challenged or worked around?
Yes. Competitors may attempt to design around narrow claims or develop alternative compounds/formulations outside the patent’s scope, but broad claims limit such options.
4. How does Taiwan's patent law influence pharmaceutical patent protection?
Taiwan grants 20-year patent rights from the filing date, with stringent examination standards ensuring patents like TWI248935 are enforceable if validly granted.
5. Why is the broader patent landscape important for this patent?
It helps determine infringement risks, potential licensing opportunities, and freedom-to-operate—key factors for commercialization strategies.
References
- Taiwan Intellectual Property Office (TIPO). Patent Search Database.
- WIPO. International Patent Classification and Patent Family Data.
- Patent documentation and status publicly available or provided by the Taiwanese patent registry.
Note: For detailed claim language and patent status, consultation of the official TIPO patent documentation is recommended.
