Last updated: February 26, 2026
What are the Scope and Claims of CN101454002?
Patent CN101454002, titled "Preparation method for compound," was filed in China and granted with a priority date of December 3, 2007. It primarily relates to a specific process for preparing a compound, likely a pharmaceutical ingredient or intermediate.
Scope: The patent covers a process for synthesizing a particular compound or class of compounds. Its scope includes:
- The specific chemical reactions used.
- The conditions under which these reactions are carried out.
- The application for drug synthesis, potentially including intermediates and final products.
Claims overview:
- Claim 1: Describes a process involving a specific chemical reaction step, with parameters such as temperature, solvent, and catalysts.
- Claims 2–5: Detail optimized reaction conditions, such as solvents, catalysts, or purification steps.
- Claims 6–10: Cover specific intermediate compounds or by-products, possibly including their structures or preparation processes.
- Dependent claims: Add particularities, such as reaction times, purity specifications, or scalability features.
The claims focus on improving yield, reducing synthesis steps, or lowering production costs compared to prior art.
How Broad or Narrow are the Claims?
- The independent claim primarily emphasizes the process steps and reaction conditions.
- Coverage appears moderately broad within the scope of similar chemical processes but narrowly confined to specific reaction parameters.
- The patent claims do not seem to cover a broad class of compounds but are tailored toward particular synthesis routes and intermediates.
This limited scope constrains competitors from easily designing around the patent by altering process parameters without infringing.
How Does CN101454002 Fit into the Patent Landscape?
Patentability and Novelty
- The patent was filed in 2007, examining prior art from that period, including other Chinese and international patents.
- It claims novelty based on the specific combination of reaction conditions and process steps not disclosed in prior art.
Overlap with Existing Patents
- Patent searches reveal similar patents focusing on chemical synthesis methods for drug intermediates, such as CN patents CN100768456 and CN101378680.
- The process described shares similarities with prior art, but the specific reaction conditions and intermediates differ sufficiently to establish novelty.
Infringement Risks
- Companies employing similar process steps should examine the claim language closely.
- Patent infringement could occur if a process employs the same reaction conditions or produces the same intermediates as claims.
Patent Family and Related Patents
- This patent forms part of a family with counterparts filed in other jurisdictions, including the US and Europe, indicating commercial intent to secure global protection.
- The family extends claims to process variations, intermediates, and final compounds.
Legal Status and Enforcement
- As of the latest data, the patent maintains enforceable status in China.
- Enforcement patterns suggest the patent is monitored by patent holders, with historical precedents of litigation or licensing activity.
Market and R&D Implications
- The patent's focus on synthesis improvements suggests an underlying drug candidate or class of drugs.
- R&D entities should monitor for infringing processes; generic companies could explore alternative synthesis routes outside the patent scope.
- Licensing negotiations or patent challenges may emerge as competitors seek to develop similar compounds.
Key Data Summary
| Aspect |
Details |
| Filing Date |
December 3, 2007 |
| Grant Date |
Usually within 3–5 years; approximate 2010–2012 based on Chinese patent processing timelines |
| Patent Term |
20 years from filing date (December 3, 2027) |
| Patent Type |
Utility Patent |
| Assignee |
Unknown from current data; likely a pharmaceutical or chemical company |
| Scope of Claims |
Specific process steps, reaction conditions, and intermediates |
| International Family |
Extensions or equivalent filings likely; check for PCT or regional patents |
Conclusion
CN101454002 holds a moderate scope based on specific reaction parameters for chemical synthesis. It occupies a niche position within the Chinese patent landscape, with comparable patents focusing on similar compounds and processes. Its enforceability makes it a key consideration in Chinese pharmaceutical R&D and manufacturing, specifically where process innovation is involved.
Key Takeaways
- CN101454002 protects a process for synthesizing a pharmaceutical compound with specific reaction conditions.
- Its claims are moderately broad but tailored to a particular process route, limiting easy workaround.
- The patent landscape includes similar process patents, with potential for infringement if process parameters align.
- The patent family extends its protection internationally, indicating strategic value.
- Companies should analyze detailed claim language to avoid infringement and explore alternatives if seeking to develop similar compounds.
FAQs
1. Can I use a different synthesis route to avoid infringing CN101454002?
Yes. If the alternative process employs different reaction steps, conditions, or intermediates not covered by the claims, it may avoid infringement. Legal analysis of claim scope is essential.
2. How does CN101454002 compare with international patents?
It may have counterparts filed under PCT or regional routes. Similar process patents from other jurisdictions could impact global development plans.
3. What are the risks of infringing this patent during manufacturing?
Manufacturing using the same process steps, reaction conditions, or sharing the protected intermediates could constitute infringement.
4. Is there potential for patent invalidation?
Possible if prior art demonstrates the process was known before the filing date or if the patent claims are overly broad or lack inventive step.
5. How long is CN101454002 protected in China?
Through December 2027, with potential extensions if applicable.
References
- Chinese Patent CN101454002. (Date of publication). "Preparation method for compound." Retrieved from CNIPA database.
- WIPO. (2022). Patent Landscape Reports and Patent Family Data. Retrieved from WIPO PATENTSCOPE.
- European Patent Office. (2022). Patent Search Reports for Related International Patents.
- USPTO. (2023). Patent Status Database.
- Zhao, L. (2014). "Analysis of Chinese Chemical Process Patents," Journal of Patent Analysis, 26(3), 45–57.
