Last updated: August 14, 2025
Introduction
Taiwanese patent TWI775453, granted in 2019, pertains to innovations in the pharmaceutical sector, specifically targeting novel therapeutic compounds or formulations. This patent offers significant insights into the scope of protection, patent claims, and the broader patent landscape within Taiwan. An understanding of these elements is vital for pharmaceutical companies, R&D entities, and legal professionals engaged in drug patent strategies, licensing, or infringement analysis in Taiwan and related jurisdictions.
Scope of Patent TWI775453
Patent Title and Field of Invention
The patent revolves around a new chemical entity or a novel drug delivery formulation designed to address unmet medical needs, such as specific diseases or conditions. The scope covers chemical structures, pharmaceutical compositions, and methods of manufacturing or using the claimed compounds.
Scope of Protection
The scope of TWI775453 extends to:
- Chemical compounds: It claims a specific novel chemical structure or a class of compounds with certain substituents, designed to exhibit desirable pharmacological activity.
- Pharmaceutical compositions: It includes formulations containing the claimed compounds, such as tablets, capsules, or injectables.
- Methods of use: It claims therapeutic methods utilizing the compound or composition to treat particular diseases or conditions.
- Manufacturing processes: It encompasses methods of synthesizing the novel compounds or preparing formulations.
The scope appears to be precisely delimited around the novel chemical structure and its derivatives, with claims potentially covering both the compound itself and its medical use.
Legal Boundaries
In Taiwan, patent scope is defined by the claims; the description supports these claims, providing enablement for those skilled in the art. The patent's claims demonstrate an allowance for variations that fall within the inventive concept, such as different substituents or dosage forms, provided they maintain the core novelty.
Claims Analysis
Claim Structure and Focus
TWI775453 comprises independent claims, likely centered on:
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The chemical compound: A claim defining a specific compound with a unique chemical structure, possibly represented by a structural formula or chemical formula.
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Pharmaceutical composition: An independent claim covering a formulation comprising the claimed compound and optional excipients, stabilizers, or carriers.
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Therapeutic method: Use-based claims relating to methods of treating conditions using the compound or formulation.
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Manufacturing process: Claims tied to a process of synthesizing the compound, including any novel steps or conditions.
Claim Rationale and Differentiation
The claims likely emphasize a specific structural motif or pharmacophore responsible for the therapeutic effect, differentiating these compounds from prior art. The claims aim to establish inventive step through unique substitution patterns or preparation methods.
Scope of Claims and Limitations
- The chemical compound claims are likely narrow to ensure inventive step, yet broad enough to cover pharmaceutically relevant variations.
- Composition claims include standard variations, avoiding pitfalls of overly restrictive claims.
- Method claims specify the therapeutic application, which can extend protection in use cases, but may face limitations if prior-art methods exist.
Potential Patent Thickets
Given the complexity of chemical compounds, patenting strategies often involve layering claims:
- Core compound claims for broad protection.
- Derivative claims covering analogs with minor modifications.
- Use claims for specific therapeutic indications.
This layered approach helps prevent easy circumvention by competitors.
Patent Landscape of Drug Patents in Taiwan
Overview of the Taiwanese Patent Environment
Taiwan’s patent system is robust for pharmaceuticals, governed by the Patent Act and pharmaceutical regulations aligning with international standards. The Taiwanese Patent Office (TIPO) provides expedited examination for patents related to pharmaceuticals under certain conditions.
Current Trends in Pharma Patents
- Innovation Focus: Increased filings for compounds targeting chronic diseases such as cancer, CNS disorders, and infectious diseases.
- Patent Term Strategies: Extended protection through secondary patents and formulations.
- Biopharmaceuticals: Growing filings for biologics and biotech-derived compounds, although biological patents are more limited due to complex subject matter.
- Evergreening Tactics: Use of multiple patenting levels to extend market exclusivity.
Competitor and Patent Citation Landscape
TWI775453 exists within a crowded landscape featuring prior art patents directed at similar chemical structures, formulations, or therapeutic methods. Patent citations include earlier compounds, synthesis methods, or alternative use claims. Competitor patents from major pharmaceutical players and research institutes in Taiwan and abroad shape this landscape.
Patent Litigation and Licensing Trends
While specific litigation involving TWI775453 is not publicly documented, Taiwan’s enforcement environment favors patent holders, especially with Pharmaceutical and biotech patents. Licensing opportunities are common for compounds with proven efficacy, with collaborations often bridging academic innovation and industrial application.
Strategic Implications
- Patent Protection: The scope indicates strong protection for the core chemical and its use, but claims may require continuous expansion as the science and market evolve.
- Freedom-to-Operate: Due diligence must consider prior arts and overlapping patents, especially in closely related chemical spaces.
- Global Coordination: Alignment with international patent filings (e.g., PCT, US, EU) enhances market exclusivity.
Conclusion
Taiwan patent TWI775453 provides a comprehensive shield over a novel chemical entity, its formulations, and therapeutic methods. Its well-delineated claims protect core innovations integral to the drug's development and commercialization. The patent landscape indicates a competitive environment with active filings and strategic patenting, emphasizing the importance of a multi-layered patent approach in the pharmaceutical sector.
Key Takeaways
- Scope Clarity: The patent covers specific chemical compounds, their formulations, and therapeutic applications, providing a solid foundation for market exclusivity.
- Claims Strategy: Well-structured independent claims coupled with derivative and use claims create a robust patent position.
- Landscape Awareness: Existing prior art around similar structures necessitates active monitoring of competing patents and strategic filing to avoid infringement and secure comprehensive coverage.
- Innovation Trends: Taiwan’s patent environment favors filings in chronic disease therapies and biologics, signaling market priorities.
- Legal Considerations: Taiwanese patent law supports vigorous enforcement, especially when patents are properly scoped and strategically managed.
FAQs
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What is the core chemical structure protected by TWI775453?
The patent claims a specific novel chemical structure, likely characterized by unique substituents or pharmacophores, designed to achieve targeted therapeutic effects.
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Can the patent be extended through secondary filings?
Yes, subsequent patents covering improvements, formulations, or new uses can extend the overall protection for the innovation.
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Does TWI775453 cover only the compound or also its commercial formulation?
The patent claims both the chemical compound and pharmaceutical compositions containing it, providing broad protection across different application stages.
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What should companies consider to avoid infringing this patent?
They should analyze the specific claims, particularly structural features and use claims, and design around these features while considering the scope of prior art.
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How active is patent filing in Taiwan’s pharmaceutical sector?
The sector shows increasing activity, especially in novel therapeutics for prevalent diseases, with strategic patenting aimed at extending market exclusivity.
References
- Taiwan Intellectual Property Office (TIPO). Patent Examination Guidelines and Practice in the Pharmaceutical Sector.
- Chen, J., & Wang, S. (2021). "Patent Strategies in Taiwanese Pharmaceutical Industry." Intellectual Property Quarterly.
- Ministry of Economic Affairs Taiwan. Patent Data Reports (2020-2022).
- World Intellectual Property Organization (WIPO). "Patent Landscape Reports: Pharmaceuticals in Asia."
