who owns the patent on cbd

Who owns the patent on cbd

To be clear, the HHS does not have a patent on marijuana as a whole. The patent covers only parts of the plant, including the natural and synthetic non-psychoactive cannabinoids, including cannabidiol (CBD). CBD, as most cannabis-friendly folks know at this point, does not get anyone high. It is for this reason it seems there is some kind of loophole that has permitted patent no. 6,630,507 to go through.

the potential use of non-psychoactive cannabinoids to protect the brain from damage or degeneration caused by certain diseases, such as cirrhosis.

Why Is Cannabis Still So Illegal Despite This Patent?

In other words, the patent was granted because–at the time it was applied-for–there was a possibility that it could be effective, and worthy of further research. In the meantime, the government has kept its potential largely hidden from the public and classified as a Schedule I drug.

Perhaps the fact that there are more than 20,000 studies that have shown marijuana’s positive medical effects is what led to NIDA granting this marijuana patent, especially since it only covers CBD, the non-psychoactive elements of the plant, for treating neurological conditions. Within the patent, it states the scientists discovered that there are antioxidant properties in CBD. It also states that any cannabinoid that acts through receptors such as THC is not covered. Still, issuing the patent in the first place seems to contradict marijuana being a Schedule I drug, seeing that the schedule itself is meant for substances that are dangerous and not useful for medical purposes in any way.

How The US Government First Got a Patent on Cannabis

The patent also covers cannabinoids that are useful in treating things like Alzheimer’s, Parkinson’s, and HIV dementia.

Who owns the patent on cbd

The CEO of Kannalife, Dean Petkanas, did not give the specifics of the licensing agreement. However, he did say the government would receive a percentage of sales, ‘six figures’ in royalties, as milestone payments. He also said that the DEA’s ruling was the best possible outcome for his company. Kannalife began the process of raising $15 million in investment in late 2016. It had a goal of starting initial CTE clinical trials in the first quarter of 2018.

The University of Mississippi has stood alone as the only federally legal source of marijuana production for decades. The DEA welcomed such applications in 2016 but will finally begin the approval process! The agency is also seeking to reduce opioid use significantly. Does this mean that we will see the full legalization of marijuana? Perhaps, but cynics will say it can only happen if the numbers add up for the government.

According to patent and trademark attorney, Gregory F. Wesner, the government is decidedly two-faced on the 6,630,507 topic. On the one hand, the DEA has lumped all cannabis products into the Schedule I category. On the other hand, synthetic cannabinoid drugs are being approved. It seems that the FDA and NIH can pick and choose who gets to jump on the money train.

Hypocrisy Abounds

If marijuana received federal level approval, the party would end for the likes of Kannalife. An enormous number of companies would file patents in a short space of time. It would trigger a massive level of growth in the industry. While the likes of GW Pharmaceuticals would still profit, it would face immense competition. Meanwhile, cultivators would remain on the outside since plant patents are far more challenging to get.

According to the patent, the scientists discovered that cannabinoids possessed antioxidant properties – a finding that was ‘unanticipated.’ Also, it is essential to note that the patent doesn’t cover cannabinoids that act through receptors (like THC). However, it does specifically mention CBD.

That is until GW Pharmaceuticals got in on the act in November 2017. The patent expired on April 21, 2019. Now, everyone is allowed to create drugs based on the cannabinoids outlined in the patent. However, they still require FDA approval.

What About the DEA’s Latest Announcement?

Individuals with common sense have lobbied for the rescheduling of marijuana for decades. Marijuana remains a Schedule I drug, as it was with the implementation of the Controlled Substances Act of 1970. It was a crucial element in Nixon’s ‘war on drugs.’ According to the CSA, weed has ‘no current accepted medicinal value in the United States.’

Angry cannabis users want to know why there is a patent of this nature. After all, the plant remains on the controlled substance list. Mark Rohrbaugh is a specialist hired by the National Institute of Health (NIH). He pointed out that the organization employs approximately 6,000 Ph.D. scientists to look at and analyze the results of studies. When one of these scientists makes a discovery or invents a new technology, the organization then decides whether or not to file a patent.

Who owns the patent on cbd

An analysis conducted by Christopher Freerks, a Lane Powell patent administrator, shows that the PTO already has granted at least four dozen cannabis-related utility patents, including No. 6,630,507. The analysis does not include plant patents, which have been tougher to come by for some cultivators.

It may not have quite the same ring to it as a certain seven-digit phone number made famous by a 1980s pop hit, but 6,630,507 has become internet-famous since the U.S. Drug Enforcement Administration opted not to reschedule marijuana, leaving it in the category of drugs with no legitimate medical uses.

“It’s like a piece of land,” he said. “You wouldn’t build a million-dollar house on a piece of land you wouldn’t have some title to.”

This sometimes requires looping in the private sector, he said. Laws made in the 1980s help entities such as universities and the government to make their discoveries accessible to others who are in a position to further the research and potentially commercialize the developments. The entities behind the discoveries typically receive payments as part of the licensing agreement.

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NIH’s Technology Transfer Office advertises patents — including those related to cannabinoids — available for licensing on its website, and officials sometimes conduct outreach as well. The licenses often are packaged with some elements of exclusivity, Rohrbaugh said.

“That’s massive growth that does not occur every day or every year That’s the kind of growth you’re talking about once in a generation,” he said of the potential sales growth in the industry. “As part of that, you’re going to see many people and many businesses research this far more intensely and file for patents.”

San Diego patent attorney Dale C. Hunt, an Open Cannabis Project board member who has degrees in botany, genetics and biology, said one would need to develop a completely new strain in order to land a patent.

It’s about technology transfer, not legalization

Since then, proponents of legalization have responded with a storm of social-media posts highlighting U.S. Patent No. 6,630,507, granted in 2003 to the U.S. Department of Health and Human Services and covering the potential use of non-psychoactive cannabinoids to protect the brain from damage or degeneration caused by certain diseases, such as cirrhosis. They’re telling the DEA to “talk to the hand,” writing “6,630,507” on their palms, hashtagging the number and linking to past articles on the topic.

“Naturally, it shows that there is a certain amount of hypocrisy that there is ‘no accepted medical use’ for cannabis according to federal law,” Mendez said. “And yet here you have the very same government owning a patent for, ostensibly, a medical use for marijuana.”