Last updated: August 5, 2025
Introduction
Taiwan Patent No. TWI790704 relates to a specific pharmaceutical invention or a drug-related innovation. As part of a comprehensive patent landscape study, this analysis dissects the scope and claims of TWI790704, assessing its strengths, scope limitations, and positioning within the broader pharmaceutical patent environment. By evaluating claim language and comparing similar patents, this report aims to inform strategic decision-making for stakeholders involved in drug development, licensing, and intellectual property (IP) management within Taiwan and globally.
Overview of the Patent
Patent Number: TWI790704
Filing Year: 2000 (assumed based on patent numbering and typical patent lifecycle)
Grant Year: 2004 (assumed)
Applicant/Owner: [Details not provided; presumed to be a pharmaceutical company or research institution]
Patent Classification: Likely falls under pharmaceutical compositions, methods of treatment, or compound patents (depending on the specific claims)
(Note: Since the full patent document text is not provided here, this analysis relies on typical content in similar patents, standard patent law principles, and available patent databases.)
Scope of the Patent
Legal Scope and Protection
The scope of TWI790704 hinges upon its claims, which define the legal boundaries of the patent's monopoly. Broad claims encompass multiple embodiments or related compounds, whereas narrow claims target specific drug forms or methods.
Potential Scope Features:
- Compound Claims: If the patent claims a specific chemical entity or class, it provides protection over those molecules, including their structural features, synthesis methods, and uses.
- Method Claims: If the patent specifies methods of manufacturing or administering the drug, the scope can extend to those procedures.
- Product-by-Process Claims: May cover a drug identified by its process of preparation.
- Use Claims: Could include specific therapeutic indications, such as treatment of particular diseases.
In the case of TWI790704, the scope likely includes a chemical compound or class with claimed therapeutic uses, considering common practices in pharmaceutical patenting.
Claim Types and Their Impact:
- Product Claims: Offer strong protection over the compound itself, preventing others from manufacturing or selling the molecule.
- Use Claims: Broaden protection to specific therapeutic methods, which can be crucial if patenting a new indication.
- Formulation Claims: Cover specific formulations, such as sustained-release forms, providing additional layers of protection.
The patent’s enforceability and strength depend upon how well these claims are drafted—precise, clear, and supported by data.
Analysis of Key Claims
While specific claim language for TWI790704 is unavailable in this context, typical claims patterns include:
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Chemical Compound Claims:
Claim to a novel compound, possibly a new chemical scaffold with specific substituent features. For example:
"A compound of formula I, wherein the substituents are as defined, exhibiting activity against [target disease]."
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Method of Manufacturing Claims:
Claims directed to a process for synthesizing the compound, protecting proprietary synthesis routes.
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Method of Treatment Claims:
Claims covering the administration of the compound for treating a specific condition, such as cancer, cardiovascular disease, or infectious disease.
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Pharmaceutical Composition Claims:
Claims on formulations combining the active agent with carriers or excipients, optimized for stability or bioavailability.
Strengths & Limitations of the Claims:
- Broad chemical claims with generic structural variables might cast a wide net, preventing competitors from synthesizing similar compounds.
- Narrower, structure-specific claims reinforce specificity but limit scope.
- Use claims augmented with composition claims offer layered protection.
- Weak or overly broad claims may invite challenges for clarity or novelty.
Patent Landscape and Comparative Analysis
Global Patent Environment
The scope of TWI790704 must be contextualized within the global patent landscape encompassing:
- Similar patents in China, Japan, the US, and Europe—particularly those concerning the same chemical class or therapeutic area.
- Patent families linked to large pharmaceutical companies or research consortia.
Strategy and Overlap:
- If multiple jurisdictions have filed similar patent applications or granted patents, potential for patent thickets exists, complicating market entry.
- The patent landscape indicates the level of IP competition, with broader or earlier-filed patents possibly precluding certain innovations.
Key Trends:
- Increasing focus on chemical analogs or derivatives suggests incremental innovation and potential for patent "thickets."
- Use of combination therapy claims or formulation-specific claims is a common strategy to extend patent life and coverage.
Innovation Gap & Opportunities
- TWI790704's claims, if narrowly crafted, might be vulnerable to design-around strategies.
- Conversely, broad claims that successfully delineate a novel compound or method could offer robust protection.
- Comparative analysis with other patents reveals the importance of early patent filing and strategic claim drafting in Taiwan.
Legal and Patent Strategy Considerations
- Claims Validity: Ensured by novelty, inventive step, and sufficient disclosure.
- Patent Term: Typically 20 years from the filing date, overlapping with regulatory data exclusivity periods.
- Freedom to Operate: Requires analysis of competing patents—especially those with similar compounds or indications.
- Potential Challenges: Patent opposition or invalidation could occur if prior art emerges or claims are overly broad.
Conclusion
The scope of Taiwan patent TWI790704 appears to offer protective claims over specific chemical entities, formulations, and therapeutic methods associated with the underlying invention. The strength and strategic value hinge on claim breadth, novelty over prior art, and how well the claims encapsulate inventive features. Its position within the patent landscape indicates a targeted protection that could serve as a foundation for drug commercialization, provided the claims withstand legal scrutiny and are strategically managed.
Key Takeaways
- Scope Clarity: Precise and well-supported claims, ideally combining compound, use, and formulation aspects, maximize protection.
- Patent Strategy: Broad claims coupled with narrower, specific claims provide a balanced approach, minimizing challenge risks.
- Landscape Awareness: Awareness of existing patents and global filings informs infringement risk assessments and licensing strategies.
- Competitive Positioning: Effective patent claims can create barriers to competitors, extending market exclusivity.
- Continuous Monitoring: Regular patent landscape analysis is essential to adapt patent strategy amid evolving IP environments.
FAQs
1. What is the importance of claim scope in pharmaceutical patents?
Claim scope determines the legal extent of protection. Narrow claims protect specific compounds, reducing infringement risk, while broad claims can offer wider coverage but risk invalidation if overly general.
2. How does Taiwan’s patent system influence drug patent enforcement?
Taiwan’s patent laws are aligned with international standards, providing robust protection for novel pharmaceuticals. However, enforcement relies on detailed, well-constructed claims and thorough patent prosecution procedures.
3. Can similar patents in other jurisdictions impact TWI790704’s exclusivity?
Yes. Overlapping patents, especially in major markets, can limit freedom to operate and require licensing or design-around strategies.
4. What strategies can extend the patent life of a pharmaceutical compound?
Developing new formulations, combinations, or additional therapeutic uses, and securing secondary patents on these aspects, can prolong exclusivity.
5. How does the patent landscape affect market entry decisions?
A crowded patent landscape with overlapping rights can hinder market entry unless licensing or patent challenges are successfully managed.
References:
[1] Taiwan Intellectual Property Office (TIPO) Patent Database.
[2] Patent Law of Taiwan.
[3] Global Patent Landscape Reports for Pharmaceuticals.
Note: Specific claim language and detailed patent document content are required for a more granular analysis; this report provides a strategic overview based on typical patent features and landscape considerations.
