Patented (and Unapproved) Therapeutic Uses For CBD Cannabis Patent Review II

There are plenty of reports and testimonials on the medical benefits of cannabis. Time, and better data, will determine whether these benefits are realized, and whether some are overblown, and the U.S. FDA will decide when the therapeutic uses of cannabinoids are safe and effective, and approvable for human use in the U.S. The FDA has approved CBD (cannabidiol), the principal non-psychoactive constituent in cannabis, for the treatment of certain types of seizures. The approval of Epidiolex (NDA Approval Holder: GW Research Ltd.) brings the therapeutic use of CBD as an active drug substance within the jurisdiction of the FDA. Thus, because CBD is the active drug substance in an FDA-approved pharmaceutical (Epidiolex), the FDA is currently considering regulations for the testing and approval for all drug products containing CBD. See, https://www.fda.gov/news-events/public-health-focus/fda-and-cannabis-research-and-drug-approval-process.

While the FDA is considering how best to handle the testing and approval of therapeutic CBD products, the U.S. Patent and Trademark Office (PTO) is granting patents on unapproved medical uses for CBD and other cannabinoids. The PTO has granted many patents for uses of CBD as a therapeutic in humans and pets, and dozens more are pending. This article is a survey of some patented (and unapproved) uses for CBD since the end of 2018, and the data presented in those patents to support the claims to the medical use of CBD. I highlight some trends and offer my observations for those in the field navigating this new and growing landscape of U.S. patents, and for those considering whether their own innovations into new uses for CBD, or other cannabinoids, might be patentable.  [Read More @ Duane Morris]

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