GW Pharma Denied Blanket Patent on Treating Epilepsy with Cannabinoids

Small victories are still victories

When UK-based GW Pharmaceuticals successfully convinced the FDA and the DEA to allow them to bring their cannabis-derived CBD isolate tincture to the U.S. market last year, surely some bottles got popped at the GW HQ as their anti-seizure medication, Epidiolex, stood unimpeded on a path to piles of cash.

When the federal government somehow got organized enough to pass the 2018 Farm Bill in December of last year, GW Pharmaceuticals likely breathed a sigh of relief and chugged a bit more bubbly once their buds at the FDA clarified that even though the hemp plant is no longer illegal, many products utilizing hemp-derived CBD still would be.

So, yes, we celebrate small victories when we can, and last week we got one from the U.S. patent Office.

U.S. Patent #9066920B2 has been in the works since 2010, but on January 3rd of this year, the application was officially, and in no uncertain terms, denied.

Here’s what they were asking to patent, look for the key words right at the beginning of this abstract:

This invention relates to the use of one or more cannabinoids in the treatment of epilepsy and more particularly to the use of one or a combination of cannabinoids in the treatment of generalized or partial seizure. In one embodiment it relates to the use of the cannabinoid THCV, as a pure or isolated compound, or as a plant extract in which significant amounts of any THC naturally present has been selectively removed. In another embodiment the phytocannabinoid is CBD.

Ok so generally speaking, it appears that GW Pharmaceuticals was looking to put a patent on treating epilepsy with CBD and/or THCV. But did you find the real razor in the apple above?

The dangerously ambiguous term “use of one or more cannabinoids…” intentionally leaves too much legal wiggle room for them to potentially weaponize that patent to discourage competition.

Epidiolex is said to come with a $32,000+ price tag for a one year treatment, so stifling competition helps their bottom line.

If Epidiolex is safe and helps even one child – and there are success stories – then GW Pharmaceuticals is doing great work and their product belongs on the market. . . but then so do countless other brands and options that currently have no hope of FDA and DEA approval.

They are certainly not the only company trying to make an end run on plant-based patents in the cannabis space so it will be interesting to continue to watch how the U.S. Patent Office decides to rule on future cases.

GW Pharmaceuticals, with their exclusive blessing from the federal government, is in a wholly unique position to really do some good. Their public relations has suffered through the arduous process of gaining those approvals, but future efforts to help preserve the cannabis culture could go a long way toward regaining some respect from the grassroots, for whatever that’s worth to them.

Having this patent denied does not stop them from helping sick kids.
It stops them from stopping others from helping sick kids.

Thank you to the U.S. Patent Office for seeing it that way.

As the legalization movement gains momentum worldwide, cannabis-based research will only deepen our knowledge of the plant and its many benefits. Fueling that momentum in large part will be our rapidly improving technology as we refine breeding, cultivating, processing, and testing methods.

We’re seeing that now as science begins to accurately map the genome of cannabis and as exciting as that is, it also opens the door to the potential for smothering monopolies and corporate influence the likes of which our culture and this industry are just now starting to witness.

So we fight back and celebrate small victories.

Keep updated on all the latest news and updates in the Cannabis industry here at Beard Bros Pharms by signing for our Friday Sesh Newsletter here. Always Dank and Never Spam!

6 Responses

  1. This aspect as new to me so will take time to get my head together. Spoke to GW this morning about the single isolate for Epidiolex, if it is just CBD it wouldn’t need a license in U.K. but it comes under “medicine” rules! I will not know GW as they have done a lot of research with epic Scientists such as Ethan Russo and I do declare the I am a Shareholder all £2000, just wish MP’s would declare their financial interests! Locally in East Yorkshire, England our local MP has invited Victoria Adkins to the area regarding hare coursing but as her husband is CO of British Sugar probably just looking for more greenhouses to buy for growing more Medicinal or recreational cannabis. Yes use more local greenhouses but let others have licenses.

  2. Your journalism would be far more effective if it was accurate and you restrained the emotive hypebole.

    Epidiolex is neither an isolate nor a tincture, it is a whole plant extract containing 98% CBD and 0.15% THC.

  3. Must be doing something right if the pharma trolls are here right 🙂 Well written, ACCURATE story. Here on Earth 1 – there is no full spectrum plant with 98% CBD, unless you had a blade of lawn grass with 98% added GMO CBD pharma isolate, that would be full spectrum also? 🙂 – The industry calls the CBD isolated pharma "API" now (cannabinoid active pharmaceutical ingredients) – So GMO vs full spectrum with added API – yum – GMO – how ? Per Hortpaharm here saying awhile ago, they created made to order genetically modified Cannabis for GW Pharma UK, vs "selective breeding" then it was Sativex.

    Here in Australia (g’day) GW "helped" write our Cannabis laws in 2016. Australia as a result redefining "cannabis" to include pharma and even synthetics (as not from a plant at all) this while making REAL Cannabis illegal in all states. Now government here says 1300 have received scripts for legal medical Cannabis ignoring ZERO include real Cannabis and 100% is CBD / API ONLY 🙁 and thus confusing the country, and intentionally hindering law reform. GW Pharma is greatly embedded here being distributed not by Bayer-Monsanto but the $150Billion Pharma powerhouse Novartis that also distributes legal opiates of which Australia produces most of the world legal opium. They are so embedded that government herre has said REAL Cannabis is too dangerous to use unless Novartis says otherwise. The pharma industry is also the largest lobbyist in Australia.
    Not as unusual or odd as this all sounds, 10 USA states have legal medical Cannabis that is 100% CBD only. In the last few weeks, New Zealand, UK, S. Korea, and Thailand have moved forward on law reform but 100% CBD only called Medical Cannabis and having to dig a little to find the truth. GW Pharma (invented with GMO Cannabis & Bayer (now Bayer-Monsanto) R&D is still solely distributed by Bayer-Monsanto in the UK & Canada. This week alone GW Pharma is trying to take Thailand to court via the World Trade Organisation to allow them to sell their wares there. Thailand is trying to keep them out. Well done good writing

  4. I invite you all to visit (and join) the "Cannabis IP" group in Linked-In, where we are discussing this patent and others. I’ve been a pharma patent attorney for 20+ years and I can’t believe what’s getting allowed at the PTO. You can also see my article there – "Can You Patent a Bong made Out of an Apple?" – on how cannabis and pharma have a lot in common when it comes to patents.

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