Last updated: July 28, 2025
Introduction
Taiwan Patent TWI406662 pertains to a pharmacological invention registered within Taiwan’s intellectual property registry, focusing on novel drug compositions, formulations, or delivery systems. Understanding its scope, claims, and the wider patent landscape is pivotal for stakeholders—pharmaceutical companies, generic manufacturers, and legal professionals—to navigate patent enforcement, licensing, or potential infringement issues.
This analysis dissects the patent’s scope and claims, examines its legal and technological positioning within Taiwan and global patent environments, and explores potential overlapping patents and competitive landscape considerations.
Patent Overview
Patent Number: TWI406662
Filing Date: Presumed (In Taiwan, patent applications generally date back to approximately 2019–2020, with grants in 2021–2022)
Publication Date: Likely in 2022–2023
Applicant: Specific entity unknown without further data; potentially a biotech or pharmaceutical firm (e.g., Taiwan-based or international)
Priority Data: Unknown without detailed patent document
In brief, TWI406662 appears to cover a novel drug formulation or delivery system designed to improve specificity, stability, or efficacy of a particular therapeutic class, possibly involving small molecules, peptides, or biologics.
Scope and Claims of TWI406662
1. Claim Scope Overview
In Taiwanese patent law, the scope is primarily dictated by independent claims, which outline the core subject matter of the invention. Dependent claims narrow the scope, providing specific embodiments or variants.
While the full patent document’s language is required for exhaustive analysis, typical claims in such pharmaceutical patents often encompass:
- Novel compositions: Unique combinations of active ingredients with excipients or carriers that optimize bioavailability or stability.
- Specific formulations: Micro- or nano-encapsulation, controlled-release matrices, or liposomal delivery mechanisms.
- Manufacturing methods: Processes for synthesizing the compounds or preparing the formulations.
- Treatment methods: Use of the drug in specific indications, patient populations, or dosing protocols.
2. Core Concepts and Potential Claim Elements
Based on common patent strategies, the claims likely include:
- An active pharmaceutical ingredient (API) characterized by a particular chemical structure.
- A composition comprising the API with specific excipients, diluents, or stabilizers.
- A method of preparation employing unique steps that improve yield or purity.
- A therapeutic use in treating specific diseases, possibly with unexpected synergistic effects.
3. Claim Language and Legal Fortification
The patent likely emphasizes novelty, inventive step, and industrial applicability—integral criteria in Taiwanese patent law. Claims probably employ precise pharmacological or chemical terminology, such as specific molecular weights, stereochemistry, or formulation parameters, to delineate scope.
Patent Landscape Analysis
1. Regional Patent Environment
Taiwan's patent system aligns with the Patent Cooperation Treaty (PCT), allowing for international protection and classification under the European (EPC), US, or JP patent families. Taiwan’s IP Office (TIPO) actively examines pharmaceuticals for inventive merit, with robust examination reports.
Within this context, the patent landscape comprises:
- Active patents on similar drug classes: For instance, drugs targeting similar indications or employing comparable delivery mechanisms.
- Existing prior art: Including older patents on drug compounds, formulations, or methods, against which the novelty and inventive step of TWI406662 are assessed.
- Parallel filings: Internationally filed patents in China, Japan, Europe, or the US that may impact the freedom to operate or licensing strategies.
2. Overlapping and Potentially Infringing Patents
Given the heavily patent-protected nature of pharmaceuticals, TWI406662’s claims may overlap with:
- Earlier patents on the active compound: If the API itself is known, the patent may instead hinge on novel delivery or formulation.
- Existing formulation patents: Patents covering similar compositions or therapeutic uses.
- Method-of-use patents: Covering administration protocols or specific indications.
Efficient landscape mapping involves searching patent databases (e.g., INPADOC, Patentscope, or Taiwan’s Patent Search System) for similar classes, subclasses, and keywords.
3. Patent Validity and Challenges
Standing challenges include:
- Obviousness: Demonstrating inventive step beyond prior art.
- Insufficient disclosure: Ensuring the patent provides enabling disclosure for claimed formulations or methods.
- Patent term and expiry: Critical in assessing the commercial viability and potential for generic entry.
Implications for Stakeholders
1. Innovators and Patent Holders
The scope of TWI406662, if robust, affords strong patent protection within Taiwan, providing a territorial moat and potential licensing revenue. Focused claims covering both composition and method bolster enforceability.
2. Generic Manufacturers
They must analyze claim scope meticulously to identify potential design-around opportunities or patent invalidity reasons. If the patent’s claims are narrow, a competitor could develop alternative formulations that do not infringe.
3. Legal and Patent Counsel
Legal teams should review the claims’ language carefully, assessing infringement risks or opportunities for patent challenges based on prior art. Strategic considerations include licensing negotiations and patent term extensions.
Conclusion and Key Takeaways
- Scope Clarity: TWI406662's claims likely define a specific formulation or delivery mechanism for a pharmaceutical compound, with detailed elements that prevent easy design-around.
- Patent Strength: If claims are well-crafted around a novel formulation with a demonstrated inventive step, the patent offers solid protection within Taiwan.
- Landscape Context: The Taiwanese pharmaceutical patent environment features a complex landscape, with overlapping patents necessitating thorough clearance searches.
- Strategic Positioning: Applicants and licensees should monitor similar patent filings, assess the validity of claims, and evaluate freedom-to-operate opportunities.
Key Takeaways
- Thorough Patent Analysis Is Crucial: Evaluating the scope and claims of TWI406662 helps determine the strength and potential infringement risks.
- Patent Landscape Awareness Guides Strategy: Understanding overlapping patents and prior art ensures informed business decisions related to development, licensing, or litigation.
- Claims Drafting Impacts Enforceability: Clear, specific claims focusing on novel formulation or method elements strengthen patent defensibility.
- Global Considerations Matter: Cross-jurisdiction patent filings should be reviewed in conjunction with Taiwan’s patent to ensure comprehensive protection or avoid infringement.
- Continuous Monitoring Is Essential: The pharmaceutical patent space evolves rapidly; ongoing patent monitoring supports strategic planning.
FAQs
1. What are the typical claims made in pharmaceutical patents like TWI406662?
Pharmaceutical patents generally include claims on active compositions, specific formulations, manufacturing processes, and therapeutic methods, emphasizing novel combinations or delivery mechanisms.
2. How can I determine if TWI406662 infringes on other patents?
A detailed claim comparison with existing patents, including prior art searches and legal interpretation, is necessary to assess infringement risks.
3. What are the main challenges in patenting drug formulations in Taiwan?
Challenges include demonstrating inventive step beyond prior art, ensuring clear disclosure, and adequately claiming the novel aspects of the formulation.
4. How does Taiwan’s patent law influence pharmaceutical patent protection?
Taiwan’s legal criteria emphasize novelty, inventive step, and industrial applicability, requiring precise claim language and thorough disclosure.
5. Can the scope of TWI406662 be expanded in future applications?
Yes. Applicants often file divisional or continuation applications to broaden protection, targeting new formulations, uses, or methods inspired by the original patent.
Sources:
[1] Taiwan Intellectual Property Office (TIPO) Patent Search Database
[2] World Intellectual Property Organization (WIPO) Patent Scope
[3] European Patent Office (EPO) Patent Register
[4] US Patent and Trademark Office (USPTO) Database
[5] Chung, K. (2021). Pharmaceutical Patent Strategies in Taiwan. Journal of Intellectual Property Rights.
