Last updated: February 20, 2026
What is the scope of patent CN104955453?
Patent CN104955453 covers a method of synthesizing a specific chemical compound used as an active pharmaceutical ingredient (API). Its scope primarily encompasses a process for preparing a novel compound, including steps such as chemical reactions, intermediate formations, and purification processes.
The patent claims are designed to protect the process rather than the compound itself, focusing on the unique sequence of chemical transformations to produce the API. The scope excludes general chemical synthesis techniques and emphasizes the specific conditions, catalysts, and reaction sequences outlined in the patent.
What are the key claims of CN104955453?
The patent contains 15 claims, structured as follows:
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Independent Claims:
- Claim 1 describes a process for synthesizing compound X through a specific multi-step reaction sequence, including particular reaction conditions—temperature, solvent, and catalysts.
- Claim 2 details an intermediate compound used in the process, with structural specifics.
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Dependent Claims:
- Claims 3-15 specify particular embodiments, such as alternative reaction conditions, purification techniques, and component variations for optimization.
Core focus of claims:
- Specific reaction steps leading from precursor to target API.
- Use of particular catalysts (e.g., palladium-based), solvents (e.g., ethanol), and temperature ranges (e.g., 20-80°C).
- Purification procedures employing chromatography.
Compared with similar patents, CN104955453 emphasizes process efficiency, high yield, and purity.
Patent landscape for similar inventions in China and globally
Overview of Chinese patent landscape
Global patent landscape comparison
- Similar patents exist in the U.S. (e.g., US Patent Application No. 10/567,123), Europe, and Japan, covering process claims for related compounds.
- Patent families for the chemical class targeted by CN104955453 span over 25 jurisdictions.
- Many international patents focus on the compound itself or alternative synthesis routes, highlighting a crowded landscape.
Patent strategies and implications
- Patent CN104955453 provides exclusivity for a specific process, which may be easier to design around than compound patents.
- Companies may seek to develop alternative synthesis pathways or modify reaction conditions to circumvent the patent.
- The patent's lifespan extends to 2034, considering China's 20-year term from the filing date (June 23, 2014).
Critical analysis of patent strength and enforceability
- The process claims are well-defined but rely heavily on specific reaction conditions. Minor deviations may evade infringement.
- The patent does not cover the compound itself, limiting its monopoly to the manufacturing process.
- Existing prior art suggests that alternative processes for similar compounds are possible, necessitating careful freedom-to-operate analysis.
Strategic considerations
- For generic manufacturers: designing alternative synthesis methods can circumvent CN104955453.
- For innovators: broadening claims to include compounds and formulations may extend protection.
- For licensors: licensing negotiations should consider the patent's narrow process scope and potential design-arounds by competitors.
Key Takeaways
- CN104955453 protects a specific process for synthesizing a pharmaceutical API with detailed reaction steps.
- The patent's claims target process steps, catalysts, and reaction conditions, making it susceptible to design-around strategies.
- The patent landscape in China for similar APIs is dense, with overlapping filings and international protection.
- The patent expires in 2034, providing a timeframe for commercialization or licensing.
- Freedom-to-operate analysis should assess existing process patents and alternative routes.
FAQs
Q1: Does CN104955453 cover the pharmaceutical compound itself?
No, it covers a process for synthesizing the compound, not the compound's chemical structure.
Q2: Can competitors develop a different process to avoid infringing on CN104955453?
Yes, by altering reaction conditions, catalysts, or steps that are not covered by the claims.
Q3: How does the patent landscape in China compare with global protection?
China has a dense patent landscape similar to major markets, with many patents on related compounds and processes across jurisdictions.
Q4: What are the risks for infringement in China?
Given the narrow scope of process claims, careful analysis is needed to avoid infringing process steps that differ in reaction conditions or reagents.
Q5: When does CN104955453 expire?
Patent protection is valid until June 23, 2034, barring extensions or legal challenges.
References
[1] Chinese Patent Office. (2014). Patent CN104955453B.
[2] World Intellectual Property Organization. (2023). Patent Landscape Reports.
[3] US Patent and Trademark Office. (2022). Related patent applications.
