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cbd oil patent

a. obtaining a trichome bearing plant material,

wherein the freeze drying is performed below the triple point of water.

filtering the heptane extract to remove solid plant matter from the cannabis flowers; and

distilling the decarboxylated oil to obtain cannabinoids.

U.S. Patent No. 10,239,808 was issued on March 26, 2019, to Canopy Holdings, LLC of Littleton, Colorado. The claims of the '808 patent recite a two-solvent silica gel chromatography method for cannabinoid purification. Claim 1 of the ’808 patent reads as follows (emphasis added):

centrifuging the initial mixture to separate a crude oil and ethanol mixture from the initial mixture;

b. agitating the plant material,

Before 2016, Kannalife was the only company with a license to a piece of the patent. That changed when GW Pharmaceuticals also got its own piece of the patent as it completed its new drug application for Epidolex. Epidolex is a drug developed using CBD to treat seizures. Upon approval, the drug could earn upwards of $2.2 billion a year. Seeing that the government will receive royalties from that as well, it raises questions about the real reasons marijuana has been kept a Schedule I drug.

With the legalization across many US states in recent years, companies have been both applying for and getting approved for patents using cannabinoids like CBD to make medicine for a variety of medical conditions. In 2018, the US Patent and Trademark Office issued 39 patents which contained the words marijuana or cannabis in their summaries. In 2017, that number was 29, and in 2016, only 14. Those patents are for different uses of cannabinoids than patent no. 6,630,507, though still completely leaving out THC.

Marijuana has been a Schedule I drug in the United States since the Controlled Substances Act of 1970. Richard Nixon and his ‘war on drugs’ didn’t care about loads of evidence showing all the medicinal uses of cannabis; he simply wanted marijuana banned. In fact, it was the National Commission on Marihuana and Drug Abuse that Nixon himself hired to prove the dangers of cannabis who ended up recommending cannabis instead be decriminalized based on the results of their findings. Unfortunately, the reasons for the banning of marijuana were not necessarily fair or logical, but here we are in 2019, and it is still a highly controlled substance.

Green in More Places Than One

That patent has a bit more complexity than just looking into the medical possibilities of certain parts of the cannabis plant, however. The government may have more than just public health in mind when this patent went through. There’s a lot of money to be made in the event that elements of the cannabis plant do provide effective medical treatments. In fact, the amount of money that certain firms could come into as a result of patent no. 6,630,507 is no small sum. This begs the question: who exactly is set to be making money off this deal?

As time passes, cannabis research provides more and more peer-reviewed evidence that marijuana is effective in treating a vast array of medical issues, including cancer, glaucoma, multiple sclerosis, chronic pain, arthritis, asthma, insomnia, depression, and epilepsy. What’s more, it is also less expensive and less dangerous than many drugs currently used to treat many of these conditions. It makes sense that a patent for marijuana would be issued to create a better quality of life for people afflicted with any of these conditions. What does not make sense is why it is still a Schedule I drug.

Kannalife Sciences Inc. is a company based in New York. They obtained a license from the NIH in 2011 to use some of the patent’s technology. What they want to do is develop CBD-based medicines to treat hepatic encephalopathy (CTE), a form of brain damage. As such, Kannalife can now use the patented technology for research. In the event that they develop a successful drug, Kannalife CEO Dean Petkanas mentioned the government would get a huge percentage of sales that could result in six-figure royalties.

Even professionals like Gregory F. Wesner, a patent and trademark attorney, don’t deny the hypocrisy in patent no. 6,630,507. By classifying marijuana as a Schedule I drug, it means that all parts of the plant are deemed unsafe for consumption, according to the DEA and US government. Yet, the US government has a patent on synthetic cannabinoid drugs derived from marijuana, which are then being approved by the FDA.

Applications for trademarks were quickly filed.

In the United States, there are three kinds of patents: utility patents, for a process or application of particular products; design patents, generally for industrial products; and plant patents, for new varieties of plants.

What About the Process for Getting a Cannabis Trademark?

His proposed framework is also designed to protect the rights of small growers who do not have access to economies of scale.

It’s confusing: Getting a cannabis patent with the federal government is possible, but a cannabis trademark is not. A trademark is a form of intellectual property protection over a name, word, logo, symbol or design associated with a product or company.

For example, “you can’t say you’ve done all the work necessary to establish use of cannabis for headaches,” Jerry Whiting of Seattle-based LeBlanc CNE, which develops and markets CBD products, told Cannabis Now. “That’s not worthy of government protection. These patents are unenforceable in most cases, but nobody can afford the lawyers to go after them.”