News
News
2016-08-16
Opportunities for biotechnology and pharmaceutical industries in Taiwan
Opportunities for biotechnology and pharmaceutical industries in Taiwan
Author: Fuchu Chen
Due to the particularity of biotechnology and pharmaceutical industries, it is not uncommon to find some special provisions in a patent system, such as the deposit of biological material, and the like. Taiwan is not one of the contracting parties of the Budapest Treaty, which leads to difficulties in patent application. Nevertheless, although currently no difference has been made with respect to the “deposit of biological material” in practice, the formal implementation of the revised Patent Act on January1, 2012 opens a window for solving this long-term predicament. Further, unlike the relatively short lifespan of the electronic industry’s patent rights, a pharmaceutical patent term extension system has been established for patent rights of the biotechnology and pharmaceutical industries, in addition to the existing 20-year term. The difference becomes more obvious in that biotechnology and pharmaceutical industries rarely utilize the ITC of the U.S. for rapidly solving patent disputes. Moreover, under the incentive of the180-day exclusivity provision, pursuant to 21 U.S.C. 355(j)(5)(B)(iv), it benefits generic companies by providing 180 days of marketing exclusivity to the first applicant of an abbreviated new drug application (ANDA) and challenges the validity, enforceability or infringement of a patent “listed” in connection with a pioneer drug, therefore, patent disputes become an inevitable process for biotechnology and pharmaceutical patent applications. As such, it will be difficult for the industries to cope with the new situation without a different patent concept and strategies.
Personalized medicine is a future trend. Those who can grasp the ethnic specificity will play a decisive role in the biotechnology and pharmaceutical industries. The “Compact yet refined” research capacity is gradually recognized by the industry. If the related industries of biotechnology and pharmaceutical in Taiwan can continue the thousand years’ legacy of the traditional empirical medicine that is supplemented with the solid foundation of scientific medicine, it may provide a dose of good medicine to western societies which are running short of ways in dealing with multifactorial diseases. Furthermore, patents of the related inventions can serve as a great tool to communicate and compete with modern western societies.
Author: Fuchu Chen
Due to the particularity of biotechnology and pharmaceutical industries, it is not uncommon to find some special provisions in a patent system, such as the deposit of biological material, and the like. Taiwan is not one of the contracting parties of the Budapest Treaty, which leads to difficulties in patent application. Nevertheless, although currently no difference has been made with respect to the “deposit of biological material” in practice, the formal implementation of the revised Patent Act on January1, 2012 opens a window for solving this long-term predicament. Further, unlike the relatively short lifespan of the electronic industry’s patent rights, a pharmaceutical patent term extension system has been established for patent rights of the biotechnology and pharmaceutical industries, in addition to the existing 20-year term. The difference becomes more obvious in that biotechnology and pharmaceutical industries rarely utilize the ITC of the U.S. for rapidly solving patent disputes. Moreover, under the incentive of the180-day exclusivity provision, pursuant to 21 U.S.C. 355(j)(5)(B)(iv), it benefits generic companies by providing 180 days of marketing exclusivity to the first applicant of an abbreviated new drug application (ANDA) and challenges the validity, enforceability or infringement of a patent “listed” in connection with a pioneer drug, therefore, patent disputes become an inevitable process for biotechnology and pharmaceutical patent applications. As such, it will be difficult for the industries to cope with the new situation without a different patent concept and strategies.
Personalized medicine is a future trend. Those who can grasp the ethnic specificity will play a decisive role in the biotechnology and pharmaceutical industries. The “Compact yet refined” research capacity is gradually recognized by the industry. If the related industries of biotechnology and pharmaceutical in Taiwan can continue the thousand years’ legacy of the traditional empirical medicine that is supplemented with the solid foundation of scientific medicine, it may provide a dose of good medicine to western societies which are running short of ways in dealing with multifactorial diseases. Furthermore, patents of the related inventions can serve as a great tool to communicate and compete with modern western societies.
