The Patent Landscape


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It may be understating it to say that Ken Morrow’s column in this issue (“The CBD Big Picture (And We Mean Big),” page 82) opened my eyes … wide. It is not the first time I’ve heard that China has more than 300 cannabis-related patents, nor the first time I’ve heard about the U.S. government’s cannabis patent (on “Cannabinoids as antioxidants and neuroprotectants” — original assignee “The United States Of America As Represented By The Department Of Health And Human Services”) and the huge, huge, huge hypocrisy that patent represents. (Marijuana’s classification as a Schedule I drug prescribes that it is a drug with no medicinal use whatsoever.) But it’s the first time that these facts, along with several others, were put into a context that felt like I was looking into a crystal ball and gaping at what I see.

It’s not that the patents alone are a bad thing. In fact, patent applications for medical uses for cannabis … well, great, I would say, as they continue to prove what so many already know about the plant’s medicinal value. But as Morrow says, the return on investment for cannabis research, should it be reclassified to Schedule II, would be in the form of (more) patents and intellectual property.

Morrow’s column inspired me to look at the World Intellectual Property Organization (WIPO) and the cannabis patent applications filed globally. First, there’s another GW Pharma application (Morrow mentions a U.S. patent granted to GW for the treatment of cancer) for the “Use of Cannabinoids in the Treatment of Epilepsy.” And one for “Cannabis Extracts and Methods of Preparing and Using Same.” Another for “System and Method for Analysis of Cannabis.” One for “Extraction Devices, Systems, and Methods.” One for “Methods and Devices Using Cannabis Vapors.” And one for “Cannabinoid Composition and Method for Treating Pain.” And those just took me to page two of 133 pages (or patent applications 11-20 of 1,320) containing the word “cannabis.” If I jump to page 4 of the listings, I find a patent application for “High Cannabidiol Cannabis Strains.”

The point is not to scare those of you developing proprietary cannabis cultivars or processes. It is to strongly suggest you read Ken Morrow’s column and that you remain keenly aware of the patent landscape that lies beyond and envision its potential long-term impact on your business, which Morrow does a good job of explaining. Being aware of what patents exist can help you avoid potential headaches when the marketplace truly explodes. And, perhaps you should consider patenting proprietary processes or products sooner rather than later. (I am not a lawyer, nor a patent lawyer, so, as always, talk to experts before making any decision.)

As Morrow says, “The general public does not want corporate cannabis; they want safe, high-quality products … manufactured with loving care ….” I, too, believe there will always be a market for locally grown and produced cannabis products. It just can’t hurt to be aware of the big ocean in which we’re all swimming and the big fish swimming in it with us.

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Noelle Skodzinski, Editor [email protected] | 856-979-2081 | Twitter: @editorCBT
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